National Lottery etc. Act 1993

27 Power to prohibit distribution in certain cases. U.K.

(1) Where subsection (2) applies, the Secretary of State may by order prohibit a body from distributing money under section 25(1) to a person specified in the order.

(2) This subsection applies if at the time the order is made—

(a) the person specified is a company of which the body, or a wholly-owned subsidiary of the body, is a member, or

(b) the Secretary of State considers that the body is able (whether directly or indirectly) to control or materially to influence the policy of the person specified in carrying on any undertaking or performing any functions.

(3) In subsection (2)—

(a) “company” means a company formed and registered under the [F1 the Companies Act 2006] or a company to which [F2 any provisions of the Companies Acts (as defined in section 2(1) of that Act)] apply as they apply to a company so formed and registered, and

(b) “wholly-owned subsidiary” has the meaning given by [F3 section 1159 of that Act] .

(4) Where subsection (5) applies, the Secretary of State may give directions to a body—

(a) prohibiting it from distributing money under section 25(1) to a person in Northern Ireland specified in the directions, or

(b) requiring it to secure that any money distributed by it under section 25(1) to such a person is not applied for a purpose specified in the directions.

(5) This subsection applies if at the time the directions are given the Secretary of State considers that—

(a) a proscribed organisation for the purposes of the M1 Northern Ireland (Emergency Provisions) Act 1991, or

(b) any other organisation that appears to him to be concerned in terrorism in Northern Ireland or in promoting or encouraging it,

might directly or indirectly derive benefit from the distribution of money to the person specified.

(6) In subsection (5) “benefit” includes benefit of a non-financial nature and, in particular, an enhancement of reputation.

(7) A body may not disclose to any other person either the identity of any person specified in directions given to it under subsection (4) or any information that might lead to the identification of such a person.

(8) A body shall provide the Secretary of State with such information as he may require for the purpose of exercising his powers under this section in relation to the body.

[F4 (9) The function of the Secretary of State–

(a) under subsection (1) to prohibit a body from distributing money; or

(b) under subsection (8) to require information,

may, in relation to–

(i) any body specified in section 23(1) whose functions exclusively or mainly relate to the arts in Scotland; or

(ii) any body specified in section 23(2) whose functions exclusively or mainly relate to sport in Scotland,

be exercised separately.]

Textual Amendments

F1 Words in s. 27(3)(a) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 142(a)(i) (with art. 10)

F2 Words in s. 27(3)(a) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 142(a)(ii) (with art. 10)

F3 Words in s. 27(3)(b) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 142(b) (with art. 10)

F4 S. 27(9) added (30.6.1999) by S.I. 1999/1756, arts. 1(1), 2, Sch. para. 15(4) (with art. 8); S.I. 1998/3178, art. 3

Modifications etc. (not altering text)

C1 S. 27: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C2 S. 27(1): transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

C3 S. 27(8): transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

Marginal Citations

M1 1991 c. 24.