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Dormant Bank and Building Society Accounts Bill [HL]


Dormant Bank and Building Society Accounts Bill [HL]
Schedule 3 — Further provision about the functions of the Big Lottery Fund
Part 1 — Strategic plans

20

 

Schedule 3

Section 17

 

Further provision about the functions of the Big Lottery Fund

Part 1

Strategic plans

Strategic plans for England

5

1     (1)  

If the Secretary of State instructs it to do so, the Big Lottery Fund shall—

(a)   

prepare and adopt a strategic plan for England,

(b)   

review and modify any such plan that it has adopted, or

(c)   

replace any such plan that it has adopted by preparing and adopting

another.

10

      (2)  

In this paragraph “strategic plan for England” means a statement containing

the Fund’s policies for the distribution of dormant account money for

meeting English expenditure.

      (3)  

A strategic plan for England must include—

(a)   

a statement of any directions given to the Fund under section 23 by

15

the Secretary of State, other than directions given by virtue only of

subsection (5) of that section;

(b)   

a statement of the Fund’s assessment of the needs in England that the

Fund has power to deal with, in whole or in part, by distributing

dormant account money;

20

(c)   

a statement of the Fund’s priorities in dealing with those needs by

the distribution of dormant account money.

      (4)  

A strategic plan for England must be such as to demonstrate how the Fund

is complying with any directions to which sub-paragraph (3)(a) applies.

      (5)  

Before adopting a strategic plan for England, the Fund shall—

25

(a)   

consult such other bodies as it thinks fit for the purpose of

identifying the needs mentioned in sub-paragraph (3)(b) and

formulating the policies to be adopted for dealing with those needs;

(b)   

prepare a draft of the proposed plan;

(c)   

send a copy of the draft to the Secretary of State;

30

(d)   

after consultation with the Secretary of State, make such

modifications to the draft as it considers necessary or expedient.

      (6)  

Where the Fund adopts a strategic plan for England—

(a)   

the Fund shall send copies of the document containing the plan to the

Secretary of State;

35

(b)   

the Secretary of State shall lay a copy of the document before each

House of Parliament.

Strategic plans for Wales

2     (1)  

If the Welsh Ministers instruct it to do so, the Big Lottery Fund shall—

(a)   

prepare and adopt a strategic plan for Wales,

40

(b)   

review and modify any such plan that it has adopted, or

 

 

Dormant Bank and Building Society Accounts Bill [HL]
Schedule 3 — Further provision about the functions of the Big Lottery Fund
Part 1 — Strategic plans

21

 

(c)   

replace any such plan that it has adopted by preparing and adopting

another.

      (2)  

In this paragraph “strategic plan for Wales” means a statement containing

the Fund’s policies for the distribution of dormant account money for

meeting Welsh expenditure.

5

      (3)  

A strategic plan for Wales must include—

(a)   

a statement of any directions under section 23 given to the Fund by

the Welsh Ministers;

(b)   

a statement of the Fund’s assessment of the needs in Wales that the

Fund has power to deal with, in whole or in part, by distributing

10

dormant account money;

(c)   

a statement of the Fund’s priorities in dealing with those needs by

the distribution of dormant account money.

      (4)  

A strategic plan for Wales must be such as to demonstrate how the Fund is

complying with any directions to which sub-paragraph (3)(a) applies.

15

      (5)  

Before adopting a strategic plan for Wales, the Fund shall—

(a)   

consult such other bodies as it thinks fit for the purpose of

identifying the needs mentioned in sub-paragraph (3)(b) and

formulating the policies to be adopted for dealing with those needs;

(b)   

prepare a draft of the proposed plan;

20

(c)   

send a copy of the draft to the Welsh Ministers;

(d)   

after consultation with the Welsh Ministers, make such

modifications to the draft as it considers necessary or expedient.

      (6)  

Where the Fund adopts a strategic plan for Wales—

(a)   

the Fund shall send copies of the document containing the plan to the

25

Welsh Ministers;

(b)   

the Welsh Ministers shall lay a copy of the document before the

National Assembly for Wales.

Strategic plans for Scotland

3     (1)  

If the Scottish Ministers instruct it to do so, the Big Lottery Fund shall—

30

(a)   

prepare and adopt a strategic plan for Scotland,

(b)   

review and modify any such plan that it has adopted, or

(c)   

replace any such plan that it has adopted by preparing and adopting

another.

      (2)  

In this paragraph “strategic plan for Scotland” means a statement containing

35

the Fund’s policies for the distribution of dormant account money for

meeting Scottish expenditure.

      (3)  

A strategic plan for Scotland must include—

(a)   

a statement of any directions under section 23 given to the Fund by

the Scottish Ministers;

40

(b)   

a statement of the Fund’s assessment of the needs in Scotland that

the Fund has power to deal with, in whole or in part, by distributing

dormant account money;

(c)   

a statement of the Fund’s priorities in dealing with those needs by

the distribution of dormant account money.

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Dormant Bank and Building Society Accounts Bill [HL]
Schedule 3 — Further provision about the functions of the Big Lottery Fund
Part 1 — Strategic plans

22

 

      (4)  

A strategic plan for Scotland must be such as to demonstrate how the Fund

is complying with any directions to which sub-paragraph (3)(a) applies.

      (5)  

Before adopting a strategic plan for Scotland, the Fund shall—

(a)   

consult such other bodies as it thinks fit for the purpose of

identifying the needs mentioned in sub-paragraph (3)(b) and

5

formulating the policies to be adopted for dealing with those needs;

(b)   

prepare a draft of the proposed plan;

(c)   

send a copy of the draft to the Scottish Ministers;

(d)   

after consultation with the Scottish Ministers, make such

modifications to the draft as it considers necessary or expedient.

10

      (6)  

Where the Fund adopts a strategic plan for Scotland—

(a)   

the Fund shall send copies of the document containing the plan to the

Scottish Ministers;

(b)   

the Scottish Ministers shall lay a copy of the document before the

Scottish Parliament.

15

Strategic plans for Northern Ireland

4     (1)  

If instructed to do so by the Department of Finance and Personnel in

Northern Ireland (“the Department”), the Big Lottery Fund shall—

(a)   

prepare and adopt a strategic plan for Northern Ireland,

(b)   

review and modify any such plan that it has adopted, or

20

(c)   

replace any such plan that it has adopted by preparing and adopting

another.

      (2)  

In this paragraph “strategic plan for Northern Ireland” means a statement

containing the Fund’s policies for the distribution of dormant account

money for meeting Northern Ireland expenditure.

25

      (3)  

A strategic plan for Northern Ireland must include—

(a)   

a statement of any directions under section 23 given to the Fund by

the Department;

(b)   

a statement of the Fund’s assessment of the needs in Northern

Ireland that the Fund has power to deal with, in whole or in part, by

30

distributing dormant account money;

(c)   

a statement of the Fund’s priorities in dealing with those needs by

the distribution of dormant account money.

      (4)  

A strategic plan for Northern Ireland must be such as to demonstrate how

the Fund is complying with any directions to which sub-paragraph (3)(a)

35

applies.

      (5)  

Before adopting a strategic plan for Northern Ireland, the Fund shall—

(a)   

consult such other bodies as it thinks fit for the purpose of

identifying the needs mentioned in sub-paragraph (3)(b) and

formulating the policies to be adopted for dealing with those needs;

40

(b)   

prepare a draft of the proposed plan;

(c)   

send a copy of the draft to the Department;

(d)   

after consultation with the Department, make such modifications to

the draft as it considers necessary or expedient.

      (6)  

Where the Fund adopts a strategic plan for Northern Ireland—

45

 

 

Dormant Bank and Building Society Accounts Bill [HL]
Schedule 3 — Further provision about the functions of the Big Lottery Fund
Part 2 — Delegation etc

23

 

(a)   

the Fund shall send copies of the document containing the plan to the

Department;

(b)   

the Department shall lay a copy of the document before the Northern

Ireland Assembly.

Part 2

5

Delegation etc

Delegation to other bodies or persons, or to committees

5     (1)  

The Big Lottery Fund may appoint any other body or person to exercise on

its behalf any of its dormant account functions—

(a)   

in any particular case, or

10

(b)   

in cases of any particular description.

      (2)  

The persons who may be appointed by the Fund under sub-paragraph (1)

include a member, employee or committee of the Fund.

      (3)  

The following bodies may accept an appointment under this paragraph (in

addition to any that may do so apart from this sub-paragraph)—

15

(a)   

a body that distributes money under section 25(1) of the National

Lottery etc. Act 1993 (c. 39);

(b)   

a charity or a charitable, benevolent or philanthropic institution;

(c)   

a body established by or under an enactment;

(d)   

a body established by Royal Charter.

20

      (4)  

A body appointed by virtue of sub-paragraph (1) to exercise a function on

behalf of the Fund may itself appoint any of its members or employees, or a

committee, to exercise the function in its place, but only if—

(a)   

the terms of the appointment so permit, and

(b)   

the body has power apart from this paragraph to appoint a member

25

or (as the case may be) an employee or committee of the body to

exercise some or all of its functions.

      (5)  

The Fund may establish a committee for the purpose of exercising on its

behalf any of its dormant account functions.

      (6)  

A body falling within any paragraph of sub-paragraph (3) may establish a

30

committee for the purpose of exercising on behalf of the Fund any of the

Fund’s dormant account functions.

      (7)  

A committee established under sub-paragraph (6)—

(a)   

must consist of or include one or more members, or one or more

employees, of the body establishing the committee, but

35

(b)   

may include persons who are neither members nor employees of that

body.

Interpretation of paragraph 5

6     (1)  

In paragraph 5—

“charity” means a body, or the trustees of a trust, established for

40

charitable purposes only;

“charitable, benevolent or philanthropic institution” means a body, or

the trustees of a trust, that is established—

 

 

Dormant Bank and Building Society Accounts Bill [HL]
Schedule 3 — Further provision about the functions of the Big Lottery Fund
Part 2 — Delegation etc

24

 

(a)   

for charitable purposes (whether or not those purposes are

charitable within the meaning of any rule of law),

(b)   

for benevolent purposes, or

(c)   

for philanthropic purposes,

and is not a charity;

5

“dormant account functions” means functions relating to, or connected

with, the distribution of dormant account money (including the

function of making decisions as to the persons to whom distributions

are to be made).

      (2)  

For the purposes of paragraph 5—

10

(a)   

the trustees of a trust are to be regarded as a body;

(b)   

a reference to a member of a body, in the case of a body of trustees,

is to be read as a reference to any of the trustees.

      (3)  

A reference in paragraph 5 to a member of a body includes the chairman or

deputy chairman of the body (or the holder of any corresponding office in

15

relation to it).

Provision supplementing paragraph 5

7     (1)  

The Big Lottery Fund may make payments in respect of expenditure (which

may include expenditure of a capital nature) of a body or person to whom it

delegates a function under paragraph 5(1).

20

      (2)  

Paragraph 5(5) is not to be read as preventing the Fund from—

(a)   

establishing a committee otherwise than in accordance with that

provision, or

(b)   

authorising a committee (whether or not established in accordance

with that provision) to exercise a function of the Fund.

25

      (3)  

A power conferred on a body by paragraph 5 is so conferred—

(a)   

to the extent that the body would not have the power apart from that

paragraph, and

(b)   

notwithstanding anything to the contrary in any enactment or

instrument relating to the functions of the body.

30

New functions for existing devolved expenditure committees

8     (1)  

The functions of the committee established under paragraph 7(1)(a) of

Schedule 4A to the National Lottery etc. Act 1993 (c. 39) are to include

exercising the functions of the Big Lottery Fund under this Act in relation to

English expenditure.

35

      (2)  

The functions of the committee established under paragraph 7(1)(b) of that

Schedule are to include exercising the functions of the Fund under this Act

in relation to Welsh expenditure.

      (3)  

The functions of the committee established under paragraph 7(1)(c) of that

Schedule are to include exercising the functions of the Fund under this Act

40

in relation to Scottish expenditure.

      (4)  

The functions of the committee established under paragraph 7(1)(d) of that

Schedule are to include exercising the functions of the Fund under this Act

in relation to Northern Ireland expenditure.

 

 

Dormant Bank and Building Society Accounts Bill [HL]
Schedule 3 — Further provision about the functions of the Big Lottery Fund
Part 3 — Reports and accounts

25

 

Part 3

Reports and accounts

Annual reports

9     (1)  

As soon as possible after the end of every financial year, the Big Lottery

Fund shall prepare a report on the exercise during that year of its functions

5

under this Act.

      (2)  

The report shall set out any directions given to the Fund under section 23

that had effect during the financial year to which the report relates.

      (3)  

The report shall set out the Fund’s policy and practice in relation to the

principle that dormant account money should be used to fund projects, or

10

aspects of projects, for which funds would be unlikely to be made available

by—

(a)   

a Government department,

(b)   

the Welsh Ministers,

(c)   

the Scottish Ministers, or

15

(d)   

a Northern Ireland department.

      (4)  

Every report under this paragraph shall be—

(a)   

given by the Fund to the Secretary of State and laid by him or her

before Parliament;

(b)   

given by the Fund to the Welsh Ministers and laid by them before the

20

National Assembly for Wales;

(c)   

given by the Fund to the Scottish Ministers and laid by them before

the Scottish Parliament;

(d)   

given by the Fund to the Department of Finance and Personnel in

Northern Ireland and laid by that Department before the Northern

25

Ireland Assembly.

Accounts

10    (1)  

The Big Lottery Fund shall—

(a)   

keep proper accounting records relating to the exercise of its

functions under this Act, and

30

(b)   

prepare in respect of each financial year a statement of accounts

relating to the exercise of those functions.

      (2)  

The Fund shall send a copy of a statement under sub-paragraph (1)(b)—

(a)   

to the Secretary of State;

(b)   

to the Welsh Ministers;

35

(c)   

to the Scottish Ministers;

(d)   

to the Department of Finance and Personnel in Northern Ireland;

(e)   

to the Comptroller and Auditor General.

      (3)  

A copy of a statement must be sent under sub-paragraph (2) within such

period, beginning with the end of the financial year to which the statement

40

relates, as the Secretary of State may direct.

      (4)  

The Comptroller and Auditor General shall—

 

 

Dormant Bank and Building Society Accounts Bill [HL]
Schedule 3 — Further provision about the functions of the Big Lottery Fund
Part 4 — Miscellaneous powers

26

 

(a)   

examine, certify and report on a statement received under this

paragraph;

(b)   

lay a copy of the statement and the report on it before Parliament,

before the National Assembly for Wales, before the Scottish

Parliament and before the Northern Ireland Assembly.

5

11         

In Schedule 4A to the National Lottery etc. Act 1993 (c. 39) (the Big Lottery

Fund), in sub-paragraph (1) of paragraph 21 (accounts)—

(a)   

in paragraph (a), after “records” there is inserted “relating to the

exercise of its functions under this Act”;

(b)   

for paragraph (b) there is substituted—

10

“(b)   

prepare in respect of each financial year a

statement of accounts relating to the exercise of

those functions.”

Part 4

Miscellaneous powers

15

Power to solicit applications

12    (1)  

The Big Lottery Fund has power to solicit applications from other bodies or

persons for dormant account money.

      (2)  

In determining whether a decision of the Fund concerning its distribution of

dormant account money was unlawful, it is immaterial whether or not the

20

Fund, or any person acting on its behalf, solicited an application from a body

or person for such money.

Power to consult

13         

In determining how to distribute dormant account money the Big Lottery

Fund may—

25

(a)   

consult any person;

(b)   

take account of opinions expressed to it or information submitted to

it.

Power to publish information etc

14    (1)  

The Big Lottery Fund may make or participate in arrangements for—

30

(a)   

publishing information relating to the effect of a provision of this

Act;

(b)   

publishing information relating to the distribution of dormant

account money or the expenditure of dormant account money that

has been distributed;

35

(c)   

encouraging participation in activities relating to the distribution of

dormant account money.

      (2)  

The reference in section 25E of the National Lottery etc. Act 1993

(distribution of funds: publicity) to a body which distributes money under

section 25(1) of that Act is to be read as including the Big Lottery Fund in its

40

capacity as distributor of dormant account money.

 

 

 
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