Appendix 4
S.I. 2011/2385: memorandum from
the Cabinet Office
National Lottery etc. Act 1993 (Big Lottery
Fund) (Amendment of Schedule 4A) Order 2011 (S.I. 2011/2385)
1. By a letter dated 2 November
2011, the Committee requested a memorandum on the following point:
Explain why, given paragraphs 30 and 32 of Schedule
11 to the Government of Wales Act 2006, the consultation conducted
in accordance with paragraph 1(6)(a) of Schedule 4A to the National
Lottery etc Act 1993 was with the National Assembly for Wales,
rather than the Welsh Ministers.
2. The Department accepts that
paragraph 1(6)(a) of Schedule 4A to the National Lottery etc.
Act 1993 ("NLA 1993") requires consultation with the
Welsh Ministers, not the National Assembly for Wales.
3. Paragraph 30(1) of Schedule
11 to the Government of Wales Act 2006 ("GOW 2006")
transfers to the Welsh Ministers, functions of the National Assembly
for Wales exercisable before the end of the initial period, that
is to say, 25 May 2007. Paragraph 30(3) of that Schedule provides
a function is "exercisable" even if the enactment imposing
it has not come into force. Paragraph 1(6)(a) of Schedule 4A to
the NLA 1993 was inserted by the National Lottery Act 2006 which
received Royal Assent on 11 July 2006 and came into force on 1
August 2006. The GOW 2006 received Royal Assent on 25 July 2006
and Schedule 11 came into force that day. Therefore the duty to
consult the National Assembly for Wales under paragraph 1(6)(a)
of Schedule 4A to the NLA 1993 was a function transferred to Welsh
Ministers by paragraph 30(1) of Schedule 11 to the GOW 2006.
4. The Department did in fact
consult with the Welsh Ministers before the instrument was made,
in accordance with paragraph 1(6)(a) of Schedule 4A to the NLA
1993. Paragraph 8 of the Explanatory Memorandum to the instrument
states"[t]he Minister for the Cabinet Office wrote to
Ministers in the Devolved Administrations on the 19th
July 2011 inviting comments and questions on varying the number
of Big Lottery Fund Board members...Huw Lewis, Minister for Housing,
Regeneration and Heritage, Welsh Government wrote to Francis Maude,
Minister for the Cabinet Office on the 5th August 2011
on behalf of the Welsh First Minister confirming he was content
with the proposals..."
5. In light of this, and since
the reference to consultation with the National Assembly for Wales
is located in the preamble rather than the operative article,
the Department does not intend to amend the instrument.
6. The Department is grateful
to the Committee for drawing this point to our attention and will
endeavour to avoid such references to the National Assembly for
Wales in future instruments.
Cabinet Office
7 November 2011
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