Dormant Bank and Building Society Accounts Bill [HL]

House of Commons

Session 2007 - 08
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Other Bills before Parliament

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
19

Schedule 3
Section 15

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 21 by
15
the Secretary of State, other than directions given by virtue only of
subsection (4) 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
20

(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 21 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 21 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.
45

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

      (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 21 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
22

(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
23

(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
24

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 21
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
25

(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.