S.C.A.
Amendment Paper as at
Tuesday 31st October 2005
STANDING COMMITTEE A
NATIONAL LOTTERY BILL
NOTE
The Amendments have been marshalled in accordance with the Order of the Committee [25th October].
Mr Don Foster
Jo Swinson
Mr Hugo SwireMr Andrew Turner
14
Clause 11, page 6, line 8, at end insert 'or'.
Mr Don Foster
Jo Swinson
Mr Hugo SwireMr Andrew Turner
13
Clause 11, page 6, line 11, leave out from 'Act' to end of line 13.
Mr Richard Caborn
7
Clause 12, page 6, line 18, after second 'to', insert '—
Mr Richard Caborn
8
Clause 12, page 6, line 18, at end insert ', or
| (b) | any of the Channel Islands.'. |
Mr Richard Caborn
9
Clause 12, page 6, line 22, at end insert—
'(13) A body established under the law of any of the Channel Islands may be the subject of an appointment under this section in connection with expenditure which relates to that Island.'.
Mr Richard Caborn
10
Clause 15, page 9, leave out lines 23 and 24 and insert—
'(1) The Secretary of State may by order provide that one or more of the following shall cease to exist—'.
Mr Hugo Swire
Mr Andrew Turner
66
Clause 15, page 9, line 27, at end insert—
'(1A) The Secretary of State may make different orders for different bodies or appoint different days under subsection (1).'.
Mr Hugo Swire
Mr Andrew Turner
67
Clause 15, page 9, line 27, at end insert—
'(1A) An order under subsection (1) shall maintain funding for commitments made by the bodies referred to in subsection (1) prior to their ceasing to exist.'.
Mr Hugo Swire
Mr Andrew Turner
68
Clause 15, page 9, line 33, at end insert 'and'.
Mr Hugo Swire
Mr Andrew Turner
69
Clause 15, page 9, line 34, leave out 'if it contains provision amending an enactment,'.
Mr Hugo Swire
Mr Andrew Turner
70
Clause 15, page 9, line 36, leave out from 'Parliament' to end of line 38.
Mr Andrew Turner
102
Clause 16, page 9, line 42, leave out second 'the' and insert ', in relation to any old lottery distributor, a'.
Mr Andrew Turner
103
Clause 16, page 10, line 27, after 'section', insert 'or section 36E of the principal Act'.
Mr Hugo Swire
Mr Andrew Turner
71
Clause 17, page 10, line 42, leave out 'an old lottery distributor' and insert 'the Community Fund and the New Opportunities Fund'.
Mr Hugo Swire
Mr Andrew Turner
72
Clause 17, page 11, line 3, at end insert—
'(1A) Money that immediately before the appointed day is held in the National Lottery Distribution Fund for distribution by the Millennium Commission shall on that day be allocated under section 22(3) of the National Lottery etc. Act 1993 (as substituted by section 7 above).'.
Mr Hugo Swire
Mr Andrew Turner
73
Clause 18, page 11, line 13, leave out subsections (2) and (3).
Mr Richard Caborn
11
Clause 18, page 11, line 32, leave out ', 30'.
Mr Hugo Swire
Mr Andrew Turner
18
Clause 1, page 1, line 6, after 'members', insert 'but not more than seven'.
Mr Hugo Swire
Mr Andrew Turner
19
Clause 1, page 1, line 8, leave out subsection (3).
Mr Hugo Swire
Mr Andrew Turner
20
Clause 1, page 1, line 19, leave out subsection (4).
Mr Richard Caborn
2
Clause 2, page 2, line 19, leave out 'of Customs and Excise' and insert 'for Her Majesty's Revenue and Customs'.
Mr Richard Caborn
3
Clause 2, page 2, line 22, leave out 'of Customs and Excise' and insert 'for Her Majesty's Revenue and Customs'.
Mr Richard Caborn
100
Clause 2, page 2, line 26, leave out paragraphs (a) and (b) and insert—
| '(a) | for the purpose of complying with an enactment, |
| (aa) | in pursuance of an order of a court, |
| (ab) | for the purpose of legal proceedings connected with the operation of an enactment relating to lotteries, |
| (ac) | with the consent of the Commissioners for Her Majesty's Revenue and Customs, |
| (ad) | with the consent of each person to whom the information relates, or'. |
Mr Richard Caborn
101
Clause 2, page 2, line 32, at end insert—
'4C Wrongful disclosure
(1) This section applies to a person—
| (a) | who is or was an officer or employee of the National Lottery Commission, or |
| (b) | who acts or acted on behalf of the National Lottery Commission. |
(2) A person to whom this section applies commits an offence if he discloses information received from the Commissioners for Her Majesty's Revenue and Customs in contravention of section 4B(3) and the information relates to a person whose identity—
| (a) | is specified in the disclosure, or |
| (b) | can be deduced from it. |
(3) It is a defence for a person charged with an offence under this section of disclosing information to prove that he reasonably believed—
| (a) | that the disclosure was lawful, or |
| (b) | that the information had already and lawfully been made available to the public. |
(4) A person guilty of an offence under this section shall be liable—
| (a) | on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or |
| (b) | on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both. |
(5) In relation to a conviction occurring before the commencement of section 282 of the Criminal Justice Act 2003 (c.44) (short sentences) the reference in subsection (4)(b) to 12 months shall have effect as if it were a reference to six months.
(6) In the application of this section to Scotland or Northern Ireland the reference in subsection (4)(b) to 12 months shall be taken as a reference to six months.".'.
Mr Hugo Swire
Mr Andrew Turner
21
Clause 4, page 3, line 7, leave out '15' and insert '10'.
Mr Hugo Swire
Mr Andrew Turner
22
Clause 4, page 3, line 13, at end insert—
'(1C) Any provision included under subsection (1B) may not enable the licence period to be extended for a longer period in total than that allowed by subsection (1A)(b).'.
Mr Hugo Swire
Mr Andrew Turner
23
Clause 5, page 3, line 29, at end insert—
'(2A) The level of fee prescribed shall be the Secretary of State's estimate of the cost to the Secretary of State and the National Lottery Commission of performing their duties under this Act.'.
Mr Hugo Swire
Mr Andrew Turner
74
Schedule 1, page 15, line 26, leave out '15' and insert '10'.
NEW CLAUSES
Guidance to distributing bodies
Mr Don Foster
Jo Swinson
NC1
To move the following Clause:—
'After section 27 of the National Lottery etc. Act (1993) (c. 39), insert—
"27A Guidance to distributing bodies
(1) The Secretary of State shall issue guidance to the distributing bodies on the distribution of lottery funds, including reference to—
| (a) | the means of ensuring that lottery funding is allocated without political interference; |
| (b) | the distinction between essential and desirable government expenditure; |
| (c) | the distinction between core central government expenditure and lottery funding; |
| (d) | the distinction between local government expenditure and lottery funding; |
| (e) | the means of ensuring transparency in the funding of projects which receive both national lottery and government funding in relation to— |
| (i) | accounting practice, and |
| (ii) | public announcements. |
(2) Before issuing guidance under subsection (1), the Secretary of State must consult—
| (a) | the distributing bodies; |
| (b) | bodies (other than public or local authorities) whose activities are not carried on for profit; |
| (c) | the national Lottery Promotions Unit; and |
| (d) | representatives of local government. |
(3) Guidance issued under subsection (1) must have regard to the 1998 Compact between the Government and the Voluntary and Community Sector.
(4) Guidance under subsection (1) shall not be issued unless a draft has been laid before and approved by resolution of each House of Parliament.
(5) The distributing bodies shall report from time to time on how the guidance issued under subsection (1) has been taken into account.".'.
