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New Schedule 4A to the National Lottery etc. Act 1993 |
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1 (1) | The Big Lottery Fund shall consist of 12 members appointed by the Secretary |
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(2) | The Secretary of State shall appoint one of the members as Chairman. |
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(3) | The Secretary of State shall ensure that at any time— |
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(a) | one of the members is appointed to represent the interests of |
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(b) | one of the members is appointed to represent the interests of Wales, |
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(c) | one of the members is appointed to represent the interests of |
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(d) | one of the members is appointed to represent the interests of |
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(4) | In complying with paragraphs (a) to (d) of sub-paragraph (3) the Secretary |
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(a) | may not appoint a member for the purpose of satisfying more than |
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(b) | may appoint the Chairman for the purpose of satisfying one of those |
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(c) | shall obtain the agreement of the National Assembly for Wales |
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before appointing a person to satisfy paragraph (b), |
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(d) | shall obtain the agreement of the Scottish Ministers before |
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appointing a person to satisfy paragraph (c), and |
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(e) | shall obtain the agreement of the Northern Ireland Department of |
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Culture, Arts and Leisure before appointing a person to satisfy |
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(5) | The Secretary of State may by order vary the number specified in sub- |
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(6) | Before making an order under sub-paragraph (5) the Secretary of State shall |
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(a) | the National Assembly for Wales, |
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(b) | the Scottish Ministers, and |
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(c) | the Northern Ireland Department of Culture, Arts and Leisure. |
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2 | A person shall hold and vacate office as Chairman or other member of the |
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Fund in accordance with the terms of his appointment (subject to this |
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3 | The Chairman or another member may resign his office by notice in writing |
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to the Secretary of State. |
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4 (1) | The Chairman or another member may be removed from office by the |
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Secretary of State on the grounds that— |
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(a) | a bankruptcy order has been made against him, his estate has been |
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sequestrated or he has made a composition or arrangement with, or |
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granted a trust deed for, his creditors, or |
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(b) | he is, in the opinion of the Secretary of State, unable, unfit or |
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unwilling to discharge the functions of his office. |
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(2) | Before exercising the power under sub-paragraph (1) in respect of a person |
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appointed for the purpose of satisfying paragraph 1(3)(b), (c) or (d) the |
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Secretary of State shall consult— |
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(a) | the National Assembly for Wales, in the case of a person appointed |
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for the purpose of satisfying paragraph 1(3)(b), |
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(b) | the Scottish Ministers, in the case of a person appointed for the |
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purpose of satisfying paragraph 1(3)(c), and |
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(c) | the Northern Ireland Department of Culture, Arts and Leisure, in the |
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case of a person appointed for the purpose of satisfying paragraph |
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5 | A person who ceases, otherwise than by virtue of paragraph 4, to be |
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Chairman or another member may be re-appointed. |
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6 | The Fund may appoint staff (subject to any directions under section |
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7 (1) | The Fund shall establish— |
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(a) | a committee, chaired by the member appointed under paragraph |
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1(3)(a), for the purpose of exercising the Fund’s functions in relation |
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to English devolved expenditure, |
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(b) | a committee, chaired by the member appointed under paragraph |
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1(3)(b), for the purpose of exercising the Fund’s functions in relation |
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to Welsh devolved expenditure, |
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(c) | a committee, chaired by the member appointed under paragraph |
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1(3)(c), for the purpose of exercising the Fund’s functions in relation |
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to Scottish devolved expenditure, and |
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(d) | a committee, chaired by the member appointed under paragraph |
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1(3)(d), for the purpose of exercising the Fund’s functions in relation |
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to Northern Ireland devolved expenditure. |
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(2) | Before appointing the members of a committee established under sub- |
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paragraph (1) the Fund shall obtain the consent of— |
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(a) | in the case of the committee concerned with England, the Secretary |
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(b) | in the case of the committee concerned with Wales, the National |
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(c) | in the case of the committee concerned with Scotland, the Scottish |
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(d) | in the case of the committee concerned with Northern Ireland, the |
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Northern Ireland Department of Culture, Arts and Leisure. |
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(3) | A committee established under sub-paragraph (1) shall carry on its activities |
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under such name as the committee may determine with the consent of the |
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(a) | in the case of the committee concerned with Wales, with the consent |
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of the National Assembly for Wales; |
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(b) | in the case of the committee concerned with Scotland, with the |
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consent of the Scottish Ministers; |
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(c) | in the case of the committee concerned with Northern Ireland, with |
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the consent of the Northern Ireland Department of Culture, Arts and |
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8 | Nothing in paragraph 7 or section 25A(6) shall prevent the Fund from— |
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(a) | establishing a committee otherwise than in accordance with that |
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(b) | authorising a committee (whether or not established in accordance |
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with that paragraph or section) to exercise a function of the Fund. |
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9 | Section 25A(7) shall apply in relation to any committee of the Fund as it |
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applies in relation to a committee established under section 25A(6). |
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10 | The Fund shall not be regarded as the servant or agent of the Crown or as |
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enjoying any status, immunity or privilege of the Crown. |
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11 | In Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13) |
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(departments, &c. subject to investigation) insert at the appropriate place— |
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12 | In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 |
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(c. 24) (other disqualifying offices) insert at the appropriate place— |
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| “Chairman, or member in receipt of remuneration, of the Big |
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13 | In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification |
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Act 1975 (c. 25) (other disqualifying offices) insert at the appropriate place— |
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| “Chairman, or member in receipt of remuneration, of the Big |
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14 | The Fund may, subject to this Schedule, regulate its procedure and the |
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procedure of its committees (and may, in particular, make provision for a |
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15 | In Schedule 1 to the Public Records Act 1958 (definition of public records) |
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the following entry shall be inserted at the appropriate place in Part II of the |
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Table at the end of paragraph 3— |
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16 | The validity of proceedings of the Fund or a committee shall not be affected |
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(a) | a vacancy among its members, or |
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(b) | a defect in the appointment of a person as Chairman or member. |
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17 (1) | The Fund may pay to the Chairman, another member or a member of a |
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(a) | such remuneration as the Secretary of State may determine, and |
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(b) | such travelling and other allowances as the Secretary of State may |
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(2) | The Fund may pay to or in respect of the Chairman or another member such |
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sums as the Secretary of State may determine by way of, or in respect of, |
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pensions, allowances or gratuities. |
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(3) | If the Secretary of State thinks that there are special circumstances that make |
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it right for a person ceasing to hold office as Chairman or member to receive |
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compensation, the Fund may pay him such compensation as the Secretary of |
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18 (1) | The Fund may (subject to any directions under section 36E(3)(b)) pay sums |
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to or in respect of a member or former member of staff by way of or in |
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(e) | compensation for loss of employment. |
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(2) | In Schedule 1 to the Superannuation Act 1972 (c. 11) (employment to which |
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superannuation schemes may extend) in the list of other bodies insert at the |
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19 | The Fund may make payments in respect of expenditure (which may |
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include expenditure of a capital nature) of— |
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(b) | a person to whom it delegates a function under section 25A(1). |
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20 (1) | The Fund may deposit money in an interest-bearing account (but may not |
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(2) | The proceeds of money received by the Fund and invested under sub- |
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paragraph (1) shall be treated for the purposes of Part II of this Act as part of |
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(a) | keep proper accounting records, and |
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(b) | prepare a statement of accounts in respect of each financial year. |
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(2) | The Fund shall send a copy of a statement under sub-paragraph (1)(b)— |
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(a) | to the Secretary of State, |
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(b) | to the National Assembly for Wales, |
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(c) | to the Scottish Ministers, |
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(d) | to the Northern Ireland Department of Culture, Arts and Leisure, |
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(e) | to the Comptroller and Auditor General. |
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(3) | A copy of a statement must be sent under sub-paragraph (2) within such |
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period, beginning with the end of the financial year to which the statement |
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relates, as the Secretary of State may, with the consent of the Treasury, direct. |
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(4) | The Comptroller and Auditor General shall— |
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(a) | examine, certify and report on a statement received under this |
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(b) | lay a copy of the statement and his report before Parliament. |
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