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Make provision about the National Lottery. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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National Lottery Commission |
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(1) | Schedule 2A to the National Lottery etc. Act 1993 (c. 39) (National Lottery |
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Commission) shall be amended as follows. |
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(2) | For paragraph 2(1) substitute— |
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“(1) | The Commission shall consist of at least five members, appointed by |
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(3) | For paragraph 4 substitute— |
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“4 (1) | The Secretary of State shall appoint a member of the Commission as |
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(2) | A member of the Commission who is also an employee of the |
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Commission may not be appointed as chairman. |
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(3) | The chairman shall hold and vacate office in accordance with the |
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terms of his appointment; but— |
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(a) | sub-paragraphs (2) to (5) of paragraph 3 shall apply to the |
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office of chairman as they apply to the office of member, and |
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(b) | if the chairman ceases to be a member he shall cease to be |
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(4) | After paragraph 6 insert— |
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“(6A) | (1) The Secretary of State may appoint the Chief Executive of the |
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(2) | Where the Chief Executive is appointed as a member— |
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(a) | paragraph 5 shall not apply to him, and |
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(b) | if he ceases to be Chief Executive he ceases to be a member. |
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(3) | Where the Chief Executive is appointed as a member the Secretary |
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of State may, on the recommendation of the Commission, appoint |
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another employee of the Commission as a member; and— |
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(a) | paragraph 5 shall not apply to a person appointed by |
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virtue of this sub-paragraph, |
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(b) | the Secretary of State may suspend or terminate an |
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appointment made by virtue of this sub-paragraph if the |
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Chief Executive ceases to be a member, and |
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(c) | if a person appointed by virtue of this sub-paragraph |
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ceases to be an employee of the Commission he shall cease |
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2 | Disclosure of information |
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After section 4A of the National Lottery etc. Act 1993 (c. 39) (consultation with |
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Gambling Commission: inserted by the Gambling Act 2005) insert— |
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“4B | Disclosure of information |
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(1) | The Commissioners of Customs and Excise may disclose information to |
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the National Lottery Commission. |
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(2) | The National Lottery Commission may disclose information to the |
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Commissioners of Customs and Excise. |
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(3) | Information disclosed under this section shall not be further disclosed |
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except in accordance with subsection (4). |
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(4) | Information may be further disclosed— |
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(a) | in accordance with another statutory power of disclosure, |
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(b) | for the purpose of legal proceedings connected with the |
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operation of an enactment relating to lotteries, or |
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(c) | to the National Audit Office for the purposes of the exercise of |
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functions under Part II of the National Audit Act 1983 (c. 44). |
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(5) | This section has effect despite any prohibition or restriction that would |
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otherwise prevent disclosure of information.” |
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In the following provisions of the National Lottery etc. Act 1993 (c. 39) for |
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“body corporate” or “body” substitute “person” (and for “bodies” substitute |
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(a) | section 1(3)(a) and (b) (promotion of lottery), |
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(b) | section 5(1), (2) and (4) (and the heading) (licence to run National |
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(c) | section 6(1) and (4) (and the heading) (licence to promote lotteries), |
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(d) | section 7(2)(g) (supplemental), and |
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(e) | section 10(1) and (2) (revocation). |
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(1) | In section 7 of the National Lottery etc. Act 1993 (c. 39) (licensing: |
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supplemental) after subsection (1) insert— |
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“(1A) | The period specified under subsection (1) must— |
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(a) | begin with the date of grant of the licence, and |
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(1B) | A licence granted under section 5 or 6 may include— |
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(a) | provision enabling the period specified under subsection (1) to |
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be extended by the Commission; |
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(b) | provision enabling the period specified under subsection (1) to |
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be extended by agreement between the Commission and the |
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(2) | In section 7(2) of that Act for “Such a licence” substitute “A licence granted |
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(1) | After section 7 of the National Lottery etc. Act 1993 (licences: supplemental) |
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(1) | The holder of a licence under section 5 or 6— |
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(a) | shall pay a first annual fee to the Commission within such |
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period after the issue of the licence as may be prescribed, and |
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(b) | shall pay an annual fee to the Commission before each |
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anniversary of the issue of the licence. |
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“annual fee” means a fee of such amount as may be prescribed, |
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“prescribed” means prescribed by regulations made by the |
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(3) | Subsection (1)(b) does not apply in relation to an anniversary of the |
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issue of a licence on or immediately before which the licence ceases, by |
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virtue of its terms, to have effect. |
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(4) | The Commission shall pay fees received by virtue of this section into the |
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(2) | Section 7(5) and (6) of that Act (fee on grant of licence) shall cease to have effect. |
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(3) | In section 10 of that Act (revocation of licence)— |
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(a) | after subsection (3) insert— |
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“(3A) | The Commission shall revoke a licence granted under section 5 |
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or 6 if the licensee fails to pay the annual fee in accordance with |
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section 7A; but the Commission may disapply this subsection if |
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it thinks that a failure to pay is attributable to administrative |
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(b) | at the end of subsection (4) add “or under subsection (3A).” |
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(1) | The Secretary of State may by order provide for Schedule 1 (which amends the |
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licensing structure of the National Lottery) to have effect. |
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(2) | Before making an order under subsection (1) the Secretary of State must |
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consult the National Lottery Commission. |
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(3) | An order under subsection (1)— |
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(a) | may make transitional or incidental provision, |
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(b) | may bring all or part of Schedule 1 into force, |
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(c) | may make different provision for different purposes, |
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(d) | shall be made by statutory instrument, and |
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(e) | shall be subject to annulment in pursuance of a resolution of either |
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Distribution of Lottery Funds |
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7 | National Lottery Distribution Fund: apportionment |
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(1) | Section 22 of the National Lottery etc. Act 1993 (c. 39) (apportionment of money |
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in Distribution Fund) shall be amended as follows. |
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(a) | at the end of paragraph (c) add “and”, and |
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(b) | for paragraphs (d) and (f) substitute— |
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“(d) | 50 per cent. shall be allocated for prescribed expenditure that |
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(ii) | connected with health, or |
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(iii) | connected with education, or |
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(iv) | connected with the environment.” |
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(3) | After subsection (3) insert— |
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“(3A) | In subsection (3)(d) “prescribed expenditure” means expenditure of a |
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description prescribed by order of the Secretary of State. |
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(3B) | A description of expenditure under subsection (3A) may, in particular, |
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refer to expenditure in relation to— |
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| and expenditure described by virtue of this subsection is referred to in |
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this Act as “devolved expenditure”. |
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(3C) | Before making an order under subsection (3A) the Secretary of State |
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(a) | the Big Lottery Fund, |
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(b) | the National Assembly for Wales, |
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(c) | the Scottish Ministers, |
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(d) | the Northern Ireland Department of Culture, Arts and Leisure, |
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(e) | such other persons (if any) as he thinks appropriate.” |
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(1) | After section 29 of the National Lottery etc. Act 1993 (c. 39) (variation of |
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percentages for allocation of funds) insert— |
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“29A | Reallocation of funds |
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(1) | This section applies where money is— |
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(a) | allocated for a purpose under section 22(3), and |
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(b) | held for distribution by a body under section 23. |
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(2) | The Secretary of State may by order provide for the money to be held |
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for distribution by a different body specified in section 23 (without |
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altering the purpose for which the money is allocated). |
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(3) | Before making an order under this section the Secretary of State shall |
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(a) | each body mentioned in the order, |
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(b) | the National Assembly for Wales, |
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(c) | the Scottish Ministers, and |
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(d) | the Northern Ireland Department of Culture, Arts and Leisure.” |
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(2) | In section 60(2) of that Act (orders and regulations: affirmative resolution) after |
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paragraph (a) (and before the word “or” immediately after that paragraph) |
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In section 32 of the National Lottery etc. Act 1993 (National Lottery |
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Distribution Fund: investment)— |
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(a) | for subsection (3)(a) and (b) substitute “treated as if paid into the Fund |
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by virtue of section 5(6).”, and |
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10 | Distributing bodies: consultation |
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After section 25(2B) of the National Lottery etc. Act 1993 (application of money |
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by distributing bodies) insert— |
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“(2C) | In determining how to distribute money in accordance with subsection |
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(b) | take account of opinions expressed to it or information |
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