National Lottery etc. Act 1993

Part I U.K. AUTHORISATION AND REGULATION OF THE NATIONAL LOTTERY

Preliminary U.K.

1 The National Lottery. U.K.

(1) In this Act “the National Lottery” means all the lotteries that form part of the National Lottery, taken as a whole.

(2) A lottery forms part of the National Lottery if the following conditions are satisfied.

(3) The lottery must be promoted or proposed to be promoted—

(a) by the body licensed to run the National Lottery under section 5, or

(b) in pursuance of an agreement that has been made between that body and the lottery’s promoter or proposed promoter.

(4) The promotion of the lottery must be authorised by a licence that has been granted to its promoter or proposed promoter under section 6.

2 Legality of lotteries forming part of the National Lottery. U.K.

(1) A lottery that forms part of the National Lottery shall not be unlawful.

(2) Schedule 1 contains amendments consequential on subsection (1).

F1 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F1 S. 3 repealed (1.4.1999) by 1998 c. 22, ss. 1(2), 26, Sch. 5 Pt. I; S.I. 1999/650, art. 2.

[F2 3A The National Lottery Commission. U.K.

(1) There shall be a body corporate known as the National Lottery Commission.

(2) Schedule 2A makes provision in relation to the Commission.]

Textual Amendments

F2 S. 3A inserted (1.4.1999) by 1998 c. 22, s. 1(3); S.I. 1999/650, art. 2 .

4 Overriding duties of the Secretary of State and Director General. U.K.

(1) The Secretary of State and (subject to any directions he may be given by the Secretary of State under section 11) the Director General shall each exercise his functions under this Part in the manner he considers the most likely to secure—

(a) that the National Lottery is run, and every lottery that forms part of it is promoted, with all due propriety, and

(b) that the interests of every participant in a lottery that forms part of the National Lottery are protected.

(2) Subject to subsection (1), the Secretary of State and the Director General shall each in exercising those functions do his best to secure that the net proceeds of the National Lottery are as great as possible.

(3) In subsection (2) “the net proceeds of the National Lottery” means the sums that are paid to the Secretary of State by virtue of section 5(6).

The licensing system U.K.

5 Licensing of a body to run the National Lottery. U.K.

(1) The Director General may by licence authorise a body corporate to run the National Lottery.

(2) Only one body may be licensed under this section at any one time.

(3) The Director General shall not grant a licence under this section unless an application in writing, containing such information as he has specified as necessary for enabling him to determine whether to grant it, has been made to him by such date as he has specified.

(4) The Director General shall not grant such a licence unless he is satisfied that the applicant is a fit and proper body to run the National Lottery.

(5) In determining whether to grant such a licence, the Director General may consider—

(a) whether any person who appears to him to be likely to manage the business or any part of the business of running the National Lottery under the licence is a fit and proper person to do so, and

(b) whether any person who appears to him to be likely to be a person for whose benefit that business would be carried on is a fit and proper person to benefit from it.

(6) A licence under this section shall include a condition requiring the licensee to pay to the Secretary of State at such times as may be determined by or under the licence such sums out of the proceeds of lotteries forming part of the National Lottery as may be so determined.

(7) A licence under this section may include a condition requiring the licensee to make such arrangements as may be determined by or under the licence for securing that, in circumstances specified in the licence, such sums as may be so determined are paid to the Director General for distribution to participants in lotteries forming part of the National Lottery.

6 Licensing of bodies to promote lotteries. U.K.

(1) The Director General may by licence authorise a body corporate to promote lotteries as part of the National Lottery.

(2) A licence under this section shall specify the lotteries, or descriptions of lottery, the promotion of which it authorises.

(3) The Director General shall not grant such a licence unless an application in writing, containing such information as he has specified as necessary for enabling him to determine whether to grant it, has been made to him.

(4) The Director General shall not grant such a licence unless he is satisfied that the applicant is a fit and proper body to promote lotteries under the licence.

(5) In determining whether to grant such a licence, the Director General may consider—

(a) whether any person who appears to him to be likely to manage the business or any part of the business of promoting lotteries under the licence is a fit and proper person to do so, and

(b) whether any person who appears to him to be likely to be a person for whose benefit that business would be carried on is a fit and proper person to benefit from it.

(6) A licence under this section may include a condition requiring the licensee to obtain the Director General’s approval of the rules of any lottery before the lottery is promoted under the licence.

7 Licences under sections 5 and 6: further provisions. U.K.

(1) A licence granted under section 5 or 6 shall be in writing and shall specify the period for which (subject to being revoked or suspended) it is to have effect.

(2) Such a licence may include such conditions (in addition to those required or authorised by section 5 or 6) as the Director General considers appropriate and in particular may include conditions requiring the licensee—

(a) to obtain the consent of the Director General before doing anything specified, or of a description specified, in the licence;

(b) to refer matters to the Director General for approval;

(c) to ensure that such requirements as the Director General may from time to time determine or approve are complied with;

(d) to provide the Director General at times specified by him with such information as he may require (including, if the information is of a description specified in the licence, information for publication by him);

(e) to allow the Director General to inspect and take copies of any documents of the licensee, including any information kept by the licensee otherwise than in writing, relating to the National Lottery or a lottery forming part of it;

(f) where such information is kept by means of a computer, to give the Director General such assistance as he may require to enable him to inspect and take copies of the information in a visible and legible form or to inspect and check the operation of any computer, and any associated apparatus or material, that is or has been in use in connection with the keeping of the information;

(g) to do such things (and, in particular, to effect such transfers of property or rights) as the Director General may require in connection with the licence ceasing to have effect and the grant of a licence to another body.

(3) In subsection (2)(e) and (f) “the Director General” includes any representative of the Director General, as well as any member of his staff, who has been authorised by him (whether generally or specially) to make such an inspection.

(4) Conditions in a licence granted under section 5 or 6 may impose requirements to be complied with by the licensee after the licence has ceased to have effect.

(5) On the granting of a licence under section 5 or 6, the licensee shall pay to the Director General a fee of such amount as the Secretary of State may by order prescribe.

(6) All fees received by the Director General by virtue of subsection (5) shall be paid into the Consolidated Fund.

8 Variation of conditions in licences. U.K.

(1) The Director General may vary any condition in a licence granted under section 5 or 6 if the licensee consents.

(2) Subject to subsection (3), the Director General may vary any condition in such a licence without the licensee’s consent if the licensee has been given a reasonable opportunity of making representations to the Director General about the variation.

(3) Subsection (2) does not apply—

(a) where the variation would result in a condition requiring the licensee to transfer any property or rights, or

(b) in the case of a licence granted under section 5, in relation to a condition that the licence provides may only be varied with the consent of the licensee.

(4) Where the Director General varies a condition in a licence under subsection (2)—

(a) he shall serve a notice on the licensee informing the licensee of the variation, and

(b) the variation shall take effect at the end of such period as may be specified in the notice.

(5) The period specified in the notice shall be a period of at least twenty-one days beginning with the date of the notice.

(6) The Director General’s power to vary a condition in a licence under subsection (1) or (2) includes power to add a condition to the licence or omit a condition from it (and references in this section to the variation of a condition are to be read accordingly).

9 Enforcement of conditions in licences. U.K.

(1) If, on an application made by the Director General, the court is satisfied—

(a) that there is a reasonable likelihood that a person will contravene a condition in a licence granted under section 5 or 6,

(b) that a person has contravened such a condition and there is a reasonable likelihood that the contravention will continue or be repeated, or

(c) that a person has contravened such a condition and there are steps that could be taken for remedying the contravention,

the court may grant an injunction restraining the contravention or, in Scotland, an interdict prohibiting the contravention or (as the case may be) make an order requiring the licensee, and any other person who appears to the court to have been party to the contravention, to take such steps as the court may direct to remedy it.

(2) In subsection (1) “the court” means the High Court or, in Scotland, the Court of Session.

(3) Any sum payable to the Secretary of State in accordance with a condition included in a licence by virtue of section 5(6) shall be recoverable by him as a debt due to him from the licensee (and the licensee’s liability to pay it shall not be affected by the licence ceasing for any reason to have effect).

10 Revocation of licences. U.K.

(1) The Director General shall revoke a licence granted under section 5 if he is satisfied that the licensee no longer is, or never was, a fit and proper body to run the National Lottery.

(2) The Director General shall revoke a licence granted under section 6 if he is satisfied that the licensee no longer is, or never was, a fit and proper body to promote lotteries under the licence.

(3) The Director General may revoke a licence granted under section 5 or 6—

(a) if it appears to him that any of the grounds for revocation set out in Part I of Schedule 3 applies, or

(b) if the licensee consents.

(4) Part II of Schedule 3 shall have effect in relation to the revocation of a licence under this section, other than a revocation with the licensee’s consent.

[F3 10A Financial penalties for breach of conditions in licences. U.K.

(1) If the Director General is satisfied that a person has contravened a condition in a licence under section 5 or 6, he may impose a financial penalty on that person in respect of the contravention.

(2) The matters to which the Director General may have regard in imposing a financial penalty include the desirability of both—

(a) deterring persons from contravening conditions in licences under section 5 or 6, and

(b) recovering any diminution in the sums paid to the Secretary of State under section 5(6) which is attributable to the contravention.

(3) If the Director General proposes to impose a financial penalty on a person, he shall serve on that person a notice—

(a) stating that the person has contravened conditions in the licence,

(b) identifying the contraventions in question,

(c) stating that the Director General proposes to impose a financial penalty,

(d) specifying the amount of the financial penalty,

(e) stating the Director General’s reasons—

(i) for the imposition of a financial penalty, and

(ii) for the amount of the financial penalty,

(f) stating the person to whom the financial penalty is to be paid and the manner in which, and place at which, payment may be made, and

(g) stating the effect of subsections (5) and (12).

(4) A notice under subsection (3) must state that the person may, within the period of 21 days beginning with the date of the notice, either—

(a) make written representations about the matter to the Director General, or

(b) notify the Director General in writing of the person’s intention to make oral representations,

and that the right of appeal conferred by section 10B is dependent on the person having made such written or oral representations.

(5) If, within the period mentioned in subsection (4), the Director General receives neither—

(a) written representations, nor

(b) written notification of the person’s intention to make oral representations,

the financial penalty shall become payable at the end of that period.

(6) The Secretary of State may make regulations as to the procedure to be followed where a person’s intention to make oral representations is notified to the Director General as mentioned in subsection (4).

(7) The regulations may in particular make provision—

(a) for the financial penalty to become payable if the person fails to comply with any requirements imposed by or under the regulations, and

(b) as to the hearing by the Director General of oral representations.

(8) If—

(a) any written representations against the imposition of the financial penalty are made as mentioned in subsection (4), or

(b) any oral representations against the imposition of the financial penalty are made in accordance with regulations under subsection (6),

subsection (9) shall apply.

(9) Where this subsection applies, the Director General shall after taking the representations into account—

(a) decide whether or not to impose a financial penalty, and

(b) serve a further notice on the person informing the person of the decision.

(10) Where the decision is to impose a financial penalty, the further notice must—

(a) identify the contraventions in question,

(b) specify the amount of the financial penalty imposed,

(c) state the Director General’s reasons—

(i) for the imposition of a financial penalty, and

(ii) for the amount of the financial penalty,

(d) state the person to whom the financial penalty is to be paid and the manner in which, and place at which, payment may be made, and

(e) state the effect of subsections (11) and (12).

(11) A financial penalty imposed by virtue of a decision under subsection (9) becomes payable on the date of the further notice.

(12) A person on whom a financial penalty is imposed is required to pay the penalty within the period of fourteen days beginning with the date on which the financial penalty becomes payable.

(13) If the whole or any part of a financial penalty is not paid within the period mentioned in subsection (12), then as from the end of that period the unpaid balance from time to time shall carry interest at the rate for the time being specified in section 17 of the M1 Judgments Act 1838.

(14) A financial penalty imposed on any person, and any interest accrued under subsection (13) in respect of the penalty, shall be recoverable from that person as a debt due to the Secretary of State from that person (and the person’s liability to pay it shall not be affected by the person’s licence ceasing for any reason to have effect).]

Textual Amendments

F3 S. 10A inserted (2.9.1998) by 1998 c. 22, ss. 2(1)(5), 27(5).

Marginal Citations

M1 1838 c. 110.

[F4 10B Appeals against financial penalties. U.K.

(1) Where the Director General decides under subsection (9) of section 10A to impose a financial penalty on a person, the person may appeal against the decision on the grounds specified in subsection (2) or, as the case may be, subsection (3).

(2) To the extent that an appeal under this section is against a finding by the Director General that a person contravened a condition of a licence, the grounds for the appeal are—

(a) that the Director General made an error as to the facts,

(b) that there was a material procedural error, or

(c) that the Director General made some other error of law.

(3) To the extent that an appeal under this section is against the amount of a financial penalty, the grounds for the appeal are—

(a) that the amount of the penalty is unreasonable,

(b) that there was a material procedural error, or

(c) that the decision was based on a manifest material misapprehension as to the facts.

(4) Where on an appeal under this section a court reduces the amount of a financial penalty, the powers of the court shall include power to make such orders as to interest on the penalty as the court considers just and equitable in all the circumstances of the case.

(5) The power conferred by subsection (4) includes power to make orders as to—

(a) the rates of interest which are to apply, and

(b) the date from which interest is to run.

(6) An appeal under this section lies to the High Court or, in Scotland, to the Court of Session.

(7) Any appeal under this section to the Court of Session shall be heard in the Outer House.]

Textual Amendments

F4 S. 10B inserted (2.9.1998) by 1998 c. 22, ss. 3, 27(5).

Control by the Secretary of State U.K.

11 Directions to the Director General. U.K.

(1) The Director General shall in exercising his functions under [F5 sections 5 to 10A] comply with any directions that he may be given by the Secretary of State.

(2) Such directions may deal in particular—

(a) with the matters that the Director General should take into account in deciding whether or not to grant licences;

(b) with the conditions that licences should contain.

Textual Amendments

F5 Words in s. 11(1) substituted (2.9.1998) by 1998 c. 22, ss. 2(2), 27(5).

12 Regulations as to the promotion of lotteries. U.K.

(1) The Secretary of State may by regulations make such provision in relation to the promotion of lotteries that form part of the National Lottery as he considers necessary or expedient.

(2) Such regulations may in particular impose requirements or restrictions as to—

(a) the minimum age of persons to whom or by whom tickets or chances may be sold;

(b) the places, circumstances or manner in which tickets or chances may be sold or persons may be invited to buy them;

(c) the information that must appear in an advertisement for a lottery;

(d) the places, circumstances or manner in which signs relating to a lottery may be displayed.

(3) In subsection (2) “tickets” includes any document providing evidence of a person’s claim to participate in the chances of a lottery.

(4) Regulations under this section may make different provision for different areas.

13 Contravention of regulations an offence. U.K.

(1) If any requirement or restriction imposed by regulations made under section 12 is contravened in relation to the promotion of a lottery that forms part of the National Lottery—

(a) the promoter of the lottery shall be guilty of an offence, except if the contravention occurred without the consent or connivance of the promoter and the promoter exercised all due diligence to prevent such a contravention,

(b) any director, manager, secretary or other similar officer of the promoter, or any person purporting to act in such a capacity, shall be guilty of an offence if he consented to or connived at the contravention or if the contravention was attributable to any neglect on his part, and

(c) any other person who was party to the contravention shall be guilty of an offence.

(2) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both.

(3) Summary proceedings in Scotland for an offence under this section may be commenced within a period of six months from the date on which evidence sufficient in the opinion of the procurator fiscal to warrant proceedings came to his knowledge; but no proceedings in Scotland shall be commenced by virtue of this section more than three years after the commission of the offence.

(4) For the purposes of this section, a certificate signed by or on behalf of the procurator fiscal and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be taken to be so signed unless the contrary is proved.

Provision of information by the Director General U.K.

14 Annual report. U.K.

(1) As soon as possible after the end of every financial year, the Director General shall make a report on the exercise of his functions during that year to the Secretary of State.

(2) In subsection (1) “financial year” means—

F6 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7 (aa) the period beginning with the date on which section 3A comes into force and ending with the next 31st March, and]

(b) each successive period of twelve months ending with 31st March.

(3) The Secretary of State shall lay a copy of every report received by him under this section before Parliament.

[F8 (4) Where a report is made by the National Lottery Commission under sub-section (1) to the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998), the Scottish Ministers shall lay a copy of the report before the Scottish Parliament.]

Textual Amendments

F6 S. 14(2)(a) repealed (1.4.1999) by 1998 c. 22, ss. 1(5), 26, Sch. 1 Pt. I para. 6(5) Pt. III para. 13(a), Sch. 5 Pt. I; S.I. 1999/650, art. 2

F7 S. 14(2)(aa) inserted (1.4.1999) by 1998 c. 22, s. 1(5), Sch. 1 Pt. I para. 6(5) Pt. III para. 13(b); S.I. 1999/650, art. 2

F8 S. 14(4) inserted (1.7.1999) by S.I. 1999/1750, arts. 1(1), 6(1), Sch. 5 para. 12(2); S.I. 1999/1378, art. 3

Modifications etc. (not altering text)

C1 S. 14: functions transferred (1.4.1999) by 1998 c. 22, s. 1(5), Sch. 1 Pt. I para. 6(1)(b); S.I. 1999/650, art. 2.

S. 14: certain functions made exercisable by the Scottish Ministers concurrently with the Minister concerned (1.7.1999) by S.I. 1999/1750, arts. 1(1), 3, Sch. 2 (with art. 7); S.I. 1998/3178, art. 3

S. 14 amended (30.6.1999) by S.I. 1999/1756, arts. 1(1), 2, Sch. para. 15(1); S.I. 1998/3178, art. 3

C2 S. 14(3) modified (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

15 Power of the Secretary of State to require information. U.K.

The Director General shall provide the Secretary of State with such information relating to the National Lottery or a lottery forming part of it as the Secretary of State may direct.

Miscellaneous and supplementary U.K.

16 False representations as to the National Lottery. U.K.

(1) If a person advertising, or offering the opportunity to participate in, a lottery, competition or game of another description gives, by whatever means, a false indication that it is a lottery forming part of, or is otherwise connected with, the National Lottery, he shall be guilty of an offence.

(2) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both.

17 Extension of powers of Horserace Totalisator Board. U.K.

(1) The Horserace Totalisator Board may hold a licence under section 5 or 6.

(2) The Horserace Totalisator Board may hold an interest in a body corporate the only or principal object of which is the holding of a licence under section 5 or 6.

(3) In subsection (2) the reference to holding an interest in a body corporate is to holding, or being beneficially entitled to, shares in that body or to possessing voting power in that body.

18 Control of betting on the National Lottery. U.K.

(1) Schedule 1 to the M2 Betting, Gaming and Lotteries Act 1963 (bookmaker’s permits, betting agency permits and betting office licences) shall be amended in accordance with subsections (2) to (4).

(2) In paragraph 15(e) (application for grant or renewal of bookmaker’s or betting agency permit must be refused if a similar application has been refused under paragraph 16(1)(a) or 17(b) within preceding twelve months) after “16(1)(a)” and after “17(b)” there shall be inserted “ or 18A ”.

(3) After paragraph 18 there shall be inserted—

“18A (1) In the case of an application for the renewal of a bookmaker’s permit or a betting agency permit, the appropriate authority shall refuse the application if they are satisfied that the applicant or an employee of his has, since the permit was granted, received or negotiated a bet on the outcome of any lottery forming part of the National Lottery for the purposes of Part I of the National Lottery etc. Act 1993.

(2) For the purposes of sub-paragraph (1) above, the appropriate authority shall disregard any bet which ought properly to have been raised by way of objection on a previous occasion when the permit was renewed.”

(4) In paragraph 27(4) (grounds on which bookmaker’s permit may be cancelled) after paragraph (b) there shall be inserted— “; or

(c) the authority are satisfied that the holder of the permit or an employee of his has, since the permit was granted, received or negotiated a bet on the outcome of any lottery forming part of the National Lottery for the purposes of Part I of the National Lottery etc. Act 1993.”

(5) The M3 Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 shall be amended in accordance with subsections (6) to (8).

(6) In Article 8(4) (grounds on which an application for a bookmaker’s licence must be refused) in sub-paragraph (d) after “(e)” there shall be inserted “ or in Article 17(2)(d) ”.

(7) In Article 17 (renewal of bookmaker’s licence by a court)—

(a) after paragraph (2)(c) there shall be inserted— “; and

(d) that neither the applicant nor any employee of his has, since the licence was granted, received or negotiated a bet on the outcome of any lottery forming part of the National Lottery for the purposes of Part I of the National Lottery etc. Act 1993.”, and

(b) after paragraph (2) there shall be inserted—

“(2A) For the purposes of paragraph (2)(d), the court shall disregard any bet which ought properly to have been raised by way of objection on a previous occasion when the licence was renewed.”

(8) In Article 27(1) (grounds on which bookmaker’s licence may be revoked) after paragraph (e) there shall be inserted— “; or

(f) that the licensed bookmaker or an employee of his has, since the licence was granted, received or negotiated a bet on the outcome of any lottery forming part of the National Lottery for the purposes of Part I of the National Lottery etc. Act 1993.”

Marginal Citations

M2 1963 c. 2.

M3 S.I. 1985/1204 (N.I. 11).

19 Restriction of enactments relating to the rehabilitation of offenders. U.K.

(1) Neither section 4(1) of the M4 Rehabilitation of Offenders Act 1974 nor Article 5(1) of the M5 Rehabilitation of Offenders (Northern Ireland) Order 1978 (exclusion of evidence and questions relating to an individual’s previous convictions) shall apply in relation to any proceedings—

(a) before the Director General in respect of the grant or revocation of a licence, or

(b) by way of appeal to the Secretary of State against the revocation of a licence by the Director General.

(2) A conviction shall not be regarded as spent for the purposes of section 4(2) of that Act or Article 5(2) of that Order (restrictions in respect of such questions put otherwise than in proceedings) if the question is put by the Director General and the following conditions are satisfied.

(3) The question must be put for the purpose of determining whether to grant or revoke a licence.

(4) The question must relate to an individual—

(a) who manages the business or any part of the business carried on under the licence (or who is likely to do so if the licence is granted), or

(b) for whose benefit that business is carried on (or is likely to be carried on if the licence is granted).

(5) When the question is asked, the person questioned must be informed that by virtue of this section all the individual’s previous convictions are to be disclosed.

Marginal Citations

M4 1974 c. 53.

M5 S.I. 1978/1908 (N.I. 27).

20 Interpretation of Part I. U.K.

In this Part—

• [F9 “the Commission” means the National Lottery Commission;]

• “contravention”, in relation to a condition or requirement, includes a failure to comply with that condition or requirement (and “contravened” is to be read accordingly);

• F10 . . .

• “participant”, in relation to a lottery, means a person who has bought a ticket or chance in the lottery;

• “promote” includes conduct (and “promotion” is to be read accordingly);

and any reference to a lottery forming part of the National Lottery is to be read in accordance with section 1.

Textual Amendments

F9 Definition inserted (1.4.1999) by 1998 c. 22, s. 1(5), Sch. 1 Pt. III para. 14(a); S.I. 1999/650, art. 2.

F10 Definition repealed (1.4.1999) by 1998 c. 22, ss. 1(5), 26, Sch. 1 Pt. III para. 14(b), Sch. 5 Pt. I; S.I. 1999/650, art. 2.

Part II U.K. DISTRIBUTION OF THE NET PROCEEDS OF THE NATIONAL LOTTERY

The distribution system U.K.

21 The National Lottery Distribution Fund. U.K.

(1) There shall be a fund maintained under the control and management of the Secretary of State and known as the National Lottery Distribution Fund.

(2) The Secretary of State shall pay into the Distribution Fund all the sums that are paid to him by virtue of section 5(6) [F11 or 10A].

Textual Amendments

F11 Words in s. 21(2) inserted (2.9.1998) by 1998 c. 22, ss. 2(3), 27(5).

22 Apportionment of money in Distribution Fund. U.K.

(1) Every sum that is paid into the Distribution Fund under section 21(2) shall be apportioned as follows.

(2) So much of the sum as the Secretary of State considers appropriate shall be allocated for making payments under section 31 and held in the Distribution Fund for that purpose.

(3) Of the balance—

(a) [F12 162/3 per cent.]shall be allocated for expenditure on or connected with the arts,

(b) [F12 162/3 per cent.]shall be allocated for expenditure on or connected with sport,

(c) [F12 162/3 per cent.]shall be allocated for expenditure on or connected with the national heritage,

(d) [F12 162/3 per cent.]shall be allocated for charitable expenditure, F13 . . .

(e) 20 per cent. shall be allocated for expenditure on projects to mark the year 2000 and the beginning of the third millennium [F14 and

(f) [F15 131/3 per cent.] shall be allocated for expenditure on or connected with health, education or the environment.]

[F16 (4) This section has effect subject to section 19 of the National Lottery Act 1998.]

Textual Amendments

F12 Words in s. 22(3)(a)-(d) substituted (17.5.1999) by S.I. 1999/344, art. 3(1)-(5)

F13 Word at the end of s. 22(3)(d) repealed (2.7.1998) by 1998 c. 22, ss. 26, 27(4), Sch. 5 Pt. II.

F14 S. 22(3)(f) and word preceding it inserted (2.7.1998) by 1998 c. 22, ss. 6(2)(9), 27(4)

F15 Words in s. 22(3)(f) substituted (17.5.1999) by S.I. 1999/344, art. 3(1)(6)

F16 S. 22(4) inserted (2.7.1998) by 1998 c. 22, ss. 19(7), 27(4).

23 The distributing bodies. U.K.

(1) So much of any sum paid into the Distribution Fund as is allocated for expenditure on or connected with the arts shall be held in the Distribution Fund—

[F17 (a) as to [F18 71.1 per cent.], for distribution by the Arts Council of England,

(b) as to 8.9 per cent., for distribution by the Scottish Arts Council,

(c) as to 5 per cent., for distribution by the Arts Council of Wales, F19 . . .

(d) as to 2.8 per cent., for distribution by [F20 the Arts Council of Northern Ireland][F21 , and.

(e) as to 12.2 per cent., for distribution by the Film Council.]]

(2) So much of any sum paid into the Distribution Fund as is allocated for expenditure on or connected with sport shall be held in the Distribution Fund—

(a) as to [F22 75.6 per cent.], for distribution by [F23 the English Sports Council],

(b) as to [F24 8.1 per cent.], for distribution by the Scottish Sports Council,

(c) as to [F25 4.5 per cent.], for distribution by the Sports Council for Wales, and

(d) as to [F26 2.6 per cent.], for distribution by the Sports Council for Northern Ireland.

[F27 and

(e) as to 9.2 per cent., for distribution by the United Kingdom Sports Council.]

(3) So much of any sum paid into the Distribution Fund as is allocated for expenditure on or connected with the national heritage shall be held in the Distribution Fund for distribution by the Trustees of the National Heritage Memorial Fund.

(4) So much of any sum paid into the Distribution Fund as is allocated for charitable expenditure shall be held in the Distribution Fund for distribution by the National Lottery Charities Board (established under section 37).

(5) So much of any sum paid into the Distribution Fund as is allocated for expenditure on projects to mark the year 2000 and the beginning of the third millennium shall be held in the Distribution Fund for distribution by the Millennium Commission (established under section 40).

[F28 (6) So much of any sum paid into the Distribution Fund as is allocated for expenditure on or connected with health, education or the environment shall be held in the Distribution Fund for distribution by the New Opportunities Fund (established under section 43A).]

Textual Amendments

F17 S. 23(1)(a)-(d) substituted (13.6.1994) by S.I. 1994/1342, art. 2.

F18 Words in s. 23(1)(a) substituted (1.10.1999) by S.I. 1999/2090, art. 2(1)(2)

F19 Word in s. 23(1)(c) omitted (1.10.1999) by S.I. 1999/2090, art. 2(1)(3)

F20 Words in s. 23(1) substituted (1.9.1995) by S.I. 1995/2088, art. 2.

F21 S. 23(1)(e) and the preceding “and”inserted (1.10.1999) by S.I. 1999/2090, art. 2(1)(3)

F22 Words in s. 23(2)(a) substituted (1.7.1999) by S.I. 1999/1563, art. 2(1)(2)

F23 Words in s. 23(2)(a) substituted (1.1.1997) by S.I. 1996/3095, art. 2.

F24 Words in s. 23(2)(b) substituted (1.7.1999) by S.I. 1999/1563, art. 2(1)(3)

F25 Words in s. 23(2)(c) substituted (1.7.1999) by S.I. 1999/1563, art. 2(1)(4)

F26 Words in s. 23(2)(d) substituted (1.7.1999) by S.I. 1999/1563, art. 2(1)(5)

F27 S. 23(2)(e) and the preceding “and”inserted (1.7.1999) by S.I. 1999/1563, art. 2(6)

F28 S. 23(6) inserted (2.7.1998) by 1998 c. 22, ss. 7(1), 27(4).

24 Payments from Distribution Fund to distributing bodies. U.K.

At such times as the Secretary of State thinks appropriate, payments of such amounts as he thinks appropriate may be made to a body specified in section 23 out of so much of any money in the Distribution Fund as is held for distribution by that body.

25 Application of money by distributing bodies. U.K.

(1) Subject to the provisions of this Part, a body shall distribute any money paid to it under section 24 for meeting expenditure of the relevant description mentioned in section 22(3).

F29 [(1A) The manner in which a body may distribute any money paid to it under section 24 includes making or entering into arrangements for or in connection with meeting expenditure (including arrangements with respect to vouchers); and this subsection shall apply notwithstanding anything to the contrary in any enactment or instrument relating to the functions of the body.]

(2) A body shall not under subsection (1) distribute money for any purpose or in any manner if it does not have power to distribute money for that purpose or in that manner apart from subsection (1).

F30 [(2A) A body which distributes money under subsection (1) shall have power to solicit applications from other bodies or persons for any of the money which the body so distributes, notwithstanding anything to the contrary in any enactment or instrument relating to the functions of the body.

(2B) In determining whether a decision of a body concerning its distribution of money under subsection (1) was unlawful, it shall be immaterial whether or not the body, or any person acting on behalf of the body, solicited an application from a body or person for such money.]

(3) A body may defray out of any money paid to it under section 24 any expenses incurred by the body in consequence of this Act.

(4) The Trustees of the National Heritage Memorial Fund may apply any money paid to them under section 24 for any purpose for which they have power to apply money under section 4 of the M6 National Heritage Act 1980 [F31 (other expenditure out of the fund)].

[F32 (5) References in this section (however expressed) to the distribution of money for meeting expenditure are to be construed as including distribution of money for the purpose of establishing, or contributing to, endowments in connection with expenditure of the description concerned.]

Textual Amendments

F29 S. 25(1A) inserted (2.7.1998) by 1998 c. 22, ss. 9(1), 27(4).

F30 S. 25(2A)-(2B) inserted (2.7.1998) by 1998 c. 22, ss. 10, 27(4).

F31 Words in s. 25(4) substituted (4.3.1998) by 1997 c. 14, s. 3, Sch. para. 4; S.I. 1998/292, art. 2

F32 S. 25(5) inserted (retrospectively) by National Lottery (Funding of Endowments) Act 2003 (c. 23), s. 1(3)(9)

Marginal Citations

M6 1980 c. 17.

[F33 25A Delegation by distributing bodies of their powers of distribution. U.K.

(1) A body which distributes money under subsection (1) of section 25 may appoint any other body or person to exercise on its behalf any of its functions relating to, or connected with, the distribution of money under that subsection (including its function of making decisions as to the persons to whom such distributions are to be made)—

(a) in any particular case, or

(b) in cases of any particular description.

(2) The persons who may be appointed by a body under subsection (1) include a member, employee or committee of the body itself.

(3) A body which makes an appointment under subsection (1) may defray out of any money paid to it under section 24 any expenses incurred by the appointee in consequence of the appointment.

(4) Power to accept any such appointment as is mentioned in subsection (1) is conferred by this subsection on the following bodies—

(a) any body which distributes money under section 25(1),

(b) any charity or any charitable, benevolent or philanthropic institution,

(c) any body established by or under an enactment, and

(d) any body established by Royal Charter.

(5) A body appointed by virtue of subsection (1) to exercise a function on behalf of another may itself appoint any of its members or employees, or a committee, to exercise the function in its stead, but only if—

(a) the terms of the body’s appointment by virtue of subsection (1) so permit, and

(b) the body has power apart from this section to appoint a member or, as the case may be, an employee or committee of the body to exercise some or all of its functions.

(6) Subject to the following provisions of this section—

(a) a body which distributes money under section 25(1) may establish a committee for the purpose of exercising on behalf of the body any such function as is mentioned in subsection (1), and

(b) a body falling within any paragraph of subsection (4) may establish a committee for the purpose of exercising on behalf of any body which distributes money under section 25(1) any such function as is mentioned in subsection (1).

(7) A committee established under subsection (6)—

(a) must consist of or include one or more members, or one or more employees, of the body establishing the committee, but

(b) may include persons who are neither members nor employees of that body.

(8) Any power conferred on a body by subsections (1) to (7) is so conferred—

(a) to the extent that the body would not have the power apart from this section, and

(b) notwithstanding anything to the contrary in any enactment or instrument relating to the functions of the body.

(9) In this section—

• “charity” means a body, or the trustees of a trust, established for charitable purposes only;

• “charitable, benevolent or philanthropic institution” means a body, or the trustees of a trust, which is established for charitable purposes (whether or not those purposes are charitable within the meaning of any rule of law), benevolent purposes or philanthropic purposes, and which is not a charity.

(10) For the purposes of this section—

(a) the trustees of a trust shall be regarded as a body, and

(b) any reference to a member of a body shall, in the case of a body of trustees, be taken as a reference to any of the trustees,

and references to a committee shall be construed accordingly.

(11) Any reference in this section to a member of a body includes a reference to the chairman or deputy chairman of (or the holder of any corresponding office in relation to) the body.]

Textual Amendments

F33 S. 25A inserted (2.7.1998) by 1998 c. 22, ss. 11(1), 27(4)

[F34 25B Joint schemes for distribution of money by distributing bodies. U.K.

(1) A body which distributes money under subsection (1) of section 25 may, in accordance with the following provisions of this section, participate with one or more other such bodies in a joint scheme for the distribution of money under that subsection.

(2) A body may participate in a joint scheme if the principal purposes of the joint scheme include purposes for which the body has power to distribute money under subsection (1) of section 25, notwithstanding that the body would not, apart from this section, have power to distribute money under that subsection for meeting expenditure on some of the particular projects for which money may be distributed under the scheme.

(3) Money shall not, under a joint scheme, be distributed for meeting expenditure on any particular project unless the expenditure is such that—

(a) at least one of the bodies participating in the joint scheme has power, acting alone, to distribute money under section 25(1) for meeting the expenditure, or

(b) two or more of the bodies participating in the joint scheme, taken together, have power between them to distribute money under section 25(1) for meeting the expenditure.

(4) Nothing in subsection (3) affects the liability of each body participating in a scheme in relation to the distribution of any money under section 25(1) under the scheme.

(5) Schedule 3A contains supplementary provision in relation to joint schemes.

[F35 (6) References in this section (however expressed) to distribution under section 25(1) of money for meeting expenditure are to be construed in accordance with section 25(5).]]

Textual Amendments

F34 S. 25B inserted (2.7.1998) by 1998 c. 22, ss. 12(1), 27(4).

F35 S. 25B(6) inserted (retrospectively) by National Lottery (Funding of Endowments) Act 2003 (c. 23), s. 1(4)(9)

[F36 25C Strategic plans for distributing bodies. U.K.

(1) If the Secretary of State instructs it do so, a body which distributes money under section 25(1) shall, in accordance with the following provisions of this section,—

(a) prepare and adopt a strategic plan, or

(b) review and modify any strategic plan which it has adopted, or

(c) replace any strategic plan which it has adopted by preparing and adopting another.

(2) In this section “strategic plan”, in the case of any body, means a statement containing the body’s policies for the distribution of the money likely to be available to it for distribution under section 25(1).

(3) A strategic plan must also contain—

(a) a statement of any directions given to the body by the Secretary of State under section 26(1) or 43C(1),

(b) a statement of the estimate given to the body by the Secretary of State of the money likely to be available for distribution by the body under section 25(1),

(c) a statement of the body’s assessment of the needs which the body has power to deal with, in whole or in part, by distributing money under section 25(1), and

(d) a statement of the body’s priorities in dealing with those needs by the distribution of money under section 25(1).

(4) A strategic plan must be such as to demonstrate how the body is taking into account or, as the case may be, complying with the directions mentioned in subsection (3)(a).

(5) Before adopting a strategic plan, a body shall—

(a) consult such other bodies as it thinks fit for the purpose of identifying the needs mentioned in subsection (3)(c) 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, and

(d) after consultation with the Secretary of State, make such modifications to the draft as it considers necessary or expedient.

(6) Where a body adopts a strategic plan—

(a) the body shall send copies of the document containing the plan to the Secretary of State, and

(b) the Secretary of State shall lay a copy of the document before each House of Parliament.

(7) Nothing in this section applies in relation to any body which distributes under section 25(1) money allocated under section 22(3)(e).]

Textual Amendments

F36 S. 25C inserted (2.9.1998) by 1998 c. 22, ss. 13, 27(5).

Modifications etc. (not altering text)

C3 S. 25C (except s. 25C(3)(b)): transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C4 S. 25C(1) (as read with s. 26A(1)(a)): 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

C5 S. 25C(3)(a) modified (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C6 S. 25C(5)(c)(d)(6): certain functions made exercisable by the Scottish Ministers concurrently with the Minister concerned (1.7.1999) by S.I. 1999/1750, arts. 1(1), 3, Sch. 2 (with art. 7); S.I. 1998/3178, art. 3

C7 S. 25(6)(b) modified (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

[F37 25D Strategic plans for distributing bodies in or as regards Scotland U.K.

The functions of the Secretary of State–

(a) under section 25C(1) shall, as regards instructions to–

(i) any body specified in section 23(1) F38 whose functions exclusively or mainly relate to the arts in Scotland; or

(ii) any body specified in section 23(2) F39 whose functions exclusively or mainly relate to sport in Scotland; and

(b) under section 25C(5)(c) and (d) and (6) shall, as regards strategic plans prepared by any body other than–

(i) any body specified in section 23(1) whose functions relate exclusively or mainly to the arts in any one of England, Wales or Northern Ireland; or

(ii) any body specified in section 23(2) whose functions relate exclusively or mainly to sport in any one of England, Wales or Northern Ireland,

be treated as exercisable in or as regards Scotland and may be exercised separately.]

Textual Amendments

F37 S. 25D inserted (30.6.1999) by S.I. 1999/1756, arts. 1(1), 2, Sch. para. 15(2) (with art. 8); S.I. 1998/3178, art. 3

F38 Section 23(1) was amended by S.I. 1994/1342 and 1995/2088.

F39 Section 23(2) was amended by S.I. 1996/3095.

Control by the Secretary of State U.K.

26 Directions to distributing bodies. U.K.

(1) A body shall comply with any directions given to it by the Secretary of State as to the matters to be taken into account in determining the persons to whom, the purposes for which and the conditions subject to which the body distributes any money under section 25(1).

(2) The Trustees of the National Heritage Memorial Fund shall comply with any directions given to them by the Secretary of State as to the matters to be taken into account in determining the purposes for which and the conditions subject to which the Trustees apply any money under section 25(4).

(3) A body shall comply with any directions that the Secretary of State considers it appropriate to give the body for securing the proper management and control of money paid to the body under section 24.

[F40 (3A) In exercising any power under section 25A, a body which distributes money under section 25(1) shall comply with any directions given to it by the Secretary of State.]

(4) Directions under subsection (3) [F41 or (3A)] may in particular require a body—

(a) to obtain the consent of the Secretary of State before doing anything specified, or of a description specified, in the directions;

(b) to provide the Secretary of State at times specified by him with such information as he may require.

[F42 (4A) Directions under subsection (3A) may in particular—

(a) impose limits on the amount of money which may be distributed by a body under section 25(1) by virtue of decisions made on its behalf by bodies or persons not falling within section 25A(2), and

(b) require a body, before appointing any body or person not falling within section 25A(2) to exercise on its behalf any function of making decisions concerning the distribution of money under section 25(1), to obtain the approval of the Secretary of State to its plans for making such appointments.]

(5) The Secretary of State shall consult a body before giving any directions to it under this section.

Textual Amendments

F40 S. 26(3A) inserted (2.7.1998) by 1998 c. 22, ss. 11(2), 27(4).

F41 Words in s. 26(4) inserted (2.7.1998) by 1998 c. 22, s. 11(3).

F42 S. 26(4A) inserted (2.7.1998) by 1998 c. 22, ss.11(4), 27(4).

Modifications etc. (not altering text)

C8 S. 26(1) (as read with s. 26A(1)(a)(2)(b)): 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

S. 26(1) (as read with s. 26A(2)(a)): functions amended (1.7.1999) by S.I. 1999/1750, arts. 1(1), 4, Sch. 3 (with art. 7); S.I. 1998/3178, art. 3

S. 26(1): certain functions made exercisable by the National Assembly for Wales concurrently with the Secretary of State (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C9 S. 26(1)(5): transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C10 S. 26(2) (as read with s. 26A(2)(b)): 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

S. 26(2) (as read with s. 26A(2)(a)): functions amended (1.7.1999) by S.I. 1999/1750, arts. 1(1), 4, Sch. 3 (with art. 7); S.I. 1998/3178, art. 3

S. 26(2): certain functions made exercisable by the National Assembly for Wales concurrently with the Secretary of State (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C11 S. 26(3): functions amended (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2

S. 26(3) (as read with s. 26A(1)(a)): 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

C12 S. 26(3A): functions amended (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2

S. 26(3A) (as read with s. 26A(1)(a)): 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

S. 26(3A) (as read with s. 26A(1)(b)): functions amended (1.7.1999) by S.I. 1999/1750, arts. 1(1), 4, Sch. 3 (with art. 7); S.I. 1998/3178, art. 3

C13 S. 26(4) (as read with s. 26A(1)(a)): 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

C14 S. 26(5): certain functions made exercisable by the National Assembly for Wales concurrently with the Secretary of State (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

S. 26(5): 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

Commencement Information

I1 S. 26 wholly in force at 21.12.1993; s. 26 not in force at Royal Assent see s. 65; s. 26(1)(3)-(5) in force at 25.10.1993 and s. 26(2) in force at 21.12.1993 by S.I. 1993/2632, arts. 2, 3

[F43 26A Directions to distributing bodies in or as regards Scotland U.K.

(1) The functions of the Secretary of State–

(a) under section 26(1), (3), (3A) F44 (4) F45 and (5) shall, as regards directions to–

(i) any body specified in section 23(1) F46 whose functions exclusively or mainly relate to the am in Scotland; or

(ii) any body specified in section 23(2) F47 whose functions exclusively or mainly relate to sport in Scotland; and

(b) under section 26(3A) shall, as regards directions to any other body except–

(i) any body specified in section 23(1) whose functions relate exclusively or mainly to the arts in any one of England, Wales or Northern Ireland; or

(ii) any body specified in section 23(2) whose functions relate exclusively or mainly to sport in any one of England, Wales or Northern Ireland,

be treated as exercisable in or as regards Scotland and may be exercised separately.

(2) Directions given to the National Lottery Charities Board or the New Opportunities Fund under section 26(1) or to the Trustees of the National Heritage Memorial Fund under section 26(2) may be made–

(a) to apply to the whole of the United Kingdom and provide for all matters other than those to be provided specifically for Scotland in accordance with subsection (3); or

(b) to apply only to Scotland and provide for the matters specified in subsection (3).

(3) Directions given in accordance with subsection (2)(b) may, in relation to any distribution made for a purpose which does not concern reserved matters, provide for priorities and other matters to be taken into account in determining the persons to whom and the purposes for which the money available for distribution in Scotland is distributed and in determining conditions of distribution for the purpose of specific cases but may not provide for–

(a) the total allocation of resources to Scotland or between Scotland and other parts of the United Kingdom; or

(b) except in relation to any initiative specified in an order made under section 43B F48 which applies only in Scotland, the general conditions subject to which lottery money is distributed in accordance with directions applying to the whole of the United Kingdom.]

Textual Amendments

F43 S. 26A inserted (30.6.1999) by S.I. 1999/1756, arts. 1(1), 2, Sch. para. 15(3) (with art. 8); S.I. 1998/3178, art. 3

F44 Section 26(3A) was inserted by the l998 Act section 11(2).

F45 Section 26(4) was amended by the 1998 Act, section 11(3).

F46 Section 23(1) was amended by S.I. 1994/1342 and 1995/2088.

F47 Section 23(2) was amended by S.I. 1996/3095,

F48 Section 43B was inserted by the 1998 Act section 7(2).

Modifications etc. (not altering text)

C15 S. 26(1)(b): amended (1.7.1999) by S.I. 1999/1750, arts. 1(1), 4, Sch. 3 (with art. 7); S.I. 1998/3178, art. 3

C16 S. 26(2)(a): amended (1.7.1999) by S.I. 1999/1750, arts. 1(1), 4, Sch. 3 (with art. 7); S.I. 1998/3178, art. 3

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 M7 Companies Act 1985 or the M8 Companies (Northern Ireland) Order 1986 or a company to which the provisions of that Act or Order apply as they apply to a company so formed and registered, and

(b) “wholly-owned subsidiary” has the meaning given by section 736 of that Act or Article 4 of that Order.

(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 M9 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.

[F49 (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

F49 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)

C17 S. 27: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C18 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

C19 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

M7 1985 c. 6.

M8 S.I. 1986/1032 (N.I. 6).

M9 1991 c. 24.

28 Power to amend section 22. U.K.

(1) The Secretary of State may by order amend section 22(3) so as to substitute different percentages for any of the percentages for the time being specified there.

(2) Any amendment made under this section shall be such that—

(a) no percentage lower than 5 per cent. is specified in section 22(3), and

(b) the percentages specified in section 22(3) amount in total to 100 per cent.

(3) Without prejudice to the generality of section 60(5), an order under this section may provide for sums that apart from the order would be held in the Distribution Fund for distribution by a particular body to be held in the Distribution Fund for distribution by another body specified in section 23.

Modifications etc. (not altering text)

C20 S. 28 (as read with s. 43CC(2)(a)): functions amended (1.7.1999) by S.I. 1999/1750, arts. 1(1), 4, Sch. 3 (with art. 7); S.I. 1998/3178, art. 3

29 Power to amend section 23. U.K.

(1) The Secretary of State may by order amend subsection (1), (2), (3) or (4) of section 23 so as—

(a) to substitute a different body for any body for the time being specified in that subsection;

(b) to add another body to the bodies or body for the time being specified in it;

(c) to omit any body for the time being specified in it;

(d) to substitute different percentages for any percentages for the time being specified in it.

(2) Any amendment made under subsection (1) shall be such that the amended subsection—

(a) provides for the whole of the sum mentioned in that subsection to be held for distribution by the one body specified in that subsection, or

(b) provides for the whole of that sum to be held for distribution by the two or more bodies specified in that subsection and specifies, in relation to each of those bodies, what percentage of that sum is to be held for distribution by that body.

(3) The Secretary of State may by order provide that subsection (1), (2), (3) or (4) of section 23 shall, pending the making of an order amending that subsection under subsection (1),—

(a) cease to have effect, or

(b) have effect as if any of the bodies for the time being specified in it were omitted.

(4) Without prejudice to the generality of section 60(5)—

(a) an order made under subsection (1) may provide for sums that apart from the order would be held in the Distribution Fund for distribution by a particular body to be held in the Distribution Fund for distribution by another body (being a body that on the coming into force of the order is specified in the subsection amended by the order);

(b) an order made under subsection (3) may provide for sums that apart from the order would be held in the Distribution Fund for distribution by a particular body to be held in the Distribution Fund in the name of the Secretary of State, pending being held for distribution by another body in accordance with the order to be made under subsection (1).

(5) Without prejudice to the generality of subsection (1), the Secretary of State may exercise his powers under that subsection so as to remove from section 23 any body that has contravened or failed to comply with a requirement or prohibition imposed on it by or under section 26 or 27.

[F50 (6) The functions of the Secretary of State under this section shall, in so far as they relate to–

(a) substitution of a different body for, or addition of another body to, the body specified in section 23(3) or (4) or omission of a body specified in either of those subsections; or

(b) substitution of a different percentage for the total aggregate percentage specified as held in the Distribution Fund for–

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

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

(c) substitution of a different body for, or addition of another body to, any such body specified in section 23(1) or (2) as is mentioned in paragraph (b) above or omission of any such body specified in section 23(1) or (2); or

(d) where more than one such body is specified in section 23(1) or (2), specification of the particular percentage held in the Distribution Fund for distribution by any one of those bodies,

be treated as exercisable in or as regards Scotland and may be exercised separately.]

Textual Amendments

F50 S. 29(6) added (30.6.1999) by S.I. 1999/1756, arts. 1(1), 2, Sch. para. 15(5) (with art. 8); S.I. 1998/3178, art. 3

Modifications etc. (not altering text)

C21 S. 29(1) (as read with s. 29(6)(c)(d)): 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

S. 29(1) (as read with s. 29(6)(a)(b)): functions amended (1.7.1999) by S.I. 1999/1750, arts. 1(1), 4, Sch. 3 (with art. 7); S.I. 1998/3178, art. 3

S. 29(1): functions amended (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2

C22 S. 29(3) (as read with s. 29(6)(c)(d)): 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

S. 29(3) (as read with s. 29(6)(a)(b)): functions amended (1.7.1999) by S.I. 1999/1750, arts. 1(1), 4, Sch. 3 (with art. 7); S.I. 1998/3178, art. 3

C23 S. 29(3)(b): functions amended (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2

C24 S. 29(4) (as read with s. 29(6)(c)(d)): 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

S. 29(4) (as read with s. 29(6)(a)(b)): functions amended (1.7.1999) by S.I. 1999/1750, arts. 1(1), 4, Sch. 3 (with art. 7); S.I. 1998/3178, art. 3

C25 S. 29(5) (as read with s. 29(6)(c)(d)): 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

S. 29(5) (as read with s. 29(6)(a)(b) functions amended (1.7.1999) by S.I. 1999/1750, arts. 1(1), 4, Sch. 3 (with art. 7); S.I. 1998/3178, art. 3

Winding up of fund allocated under section 22(3)(e) U.K.

30 Winding up of fund allocated under section 22(3)(e). U.K.

(1) In relation to any sum that is paid into the Distribution Fund under section 21(2) after 31st December 2000, section 22(3) shall have effect—

(a) with the omission of paragraph (e), and

(b) subject to any order under section 28 that takes effect after 31st December 2000, with the substitution of higher percentages for the percentages that on that date are specified in paragraphs (a) to (d) [F51 and (f)].

(2) The higher percentages shall bear the same proportion to one another as the percentages for which they are substituted and shall amount in total to 100 per cent.

(3) The Secretary of State may by order substitute a later date for the date that is for the time being specified in subsection (1).

Textual Amendments

F51 Words in s. 30(1)(b) inserted (2.7.1998) by 1998 c. 22, ss. 6(7)(9), 27(4).

Distribution Fund: further provisions U.K.

31 Payments from Distribution Fund in respect of expenses. U.K.

(1) At such times as the Secretary of State with the approval of the Treasury determines to be appropriate, payments shall be made into the Consolidated Fund out of so much of any money in the Distribution Fund as is held under section 22(2).

(2) The payments shall be of such amounts as the Secretary of State with the approval of the Treasury determines to be appropriate for—

F52 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F53 (aa) meeting payments made or to be made under paragraph 10 of Schedule 2A,]

(b) defraying expenses incurred or to be incurred by the Secretary of State in exercising his functions under this Act, and

(c) defraying expenses incurred or to be incurred by the National Debt Commissioners in making investments under section 32.

F54 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F55 (4) In determining what amounts are appropriate for meeting the payments referred to in subsection (2)(aa), the Secretary of State shall take into account sums paid or to be paid into the Consolidated Fund under section 7(6).]

Textual Amendments

F52 S. 31(2)(a) repealed (1.4.1999) by 1998 c. 22, ss. 1(5), 26, Sch. 1 Pt. III para. 15(2)(a), Sch. 5 Pt. I; S.I. 1999/650, art. 2.

F53 S. 31(2)(aa) inserted (1.4.1999) by 1998 c. 22, s. 1(5), Sch. 1 Pt. III para. 15(2)(b); S.I. 1999/650, art. 2.

F54 S. 31(3) repealed (1.4.1999) by 1998 c. 22, ss. 1(5), 26, Sch. 1 Pt. III para. 15(3), Sch. 5 Pt. I; S.I. 1999/650, art. 2.

F55 S. 31(4) added (1.4.1999) by 1998 c. 22, s. 1(5), Sch. 1 Pt. III para. 15(4); S.I. 1999/650, art. 2.

Modifications etc. (not altering text)

C26 S. 31 extended (2.7.1998) by 1998 c. 22, s. 8(7).

S. 31 extended (2.7.1998) by 1998 c. 22, s. 16(2), Sch. 4 para. 11.

32 Investment of Distribution Fund. U.K.

(1) So much of any money in the Distribution Fund as is neither held under section 22(2) nor immediately required for making payments under section 24 may be paid over to the National Debt Commissioners and invested by them in accordance with such directions as may be given by the Treasury.

(2) The proceeds of any investment made under subsection (1) or this subsection may be re-invested by the National Debt Commissioners in accordance with such directions as may be given by the Treasury.

(3) The proceeds of any investment made under subsection (1) or (2) shall, if they are not re-invested under subsection (2), be paid into the Distribution Fund and—

(a) to the extent that the proceeds are attributable to the investment of sums paid under subsection (1) out of money held for distribution by a body specified in section 23, held in the Distribution Fund for distribution by that body (subject to any order under section 28 or 29);

(b) to the extent that the proceeds are attributable to the investment of sums paid under subsection (1) out of money held in the name of the Secretary of State by virtue of paragraph (b) of section 29(4), held in the Distribution Fund in his name as mentioned in that paragraph (or where the order under section 29(1) mentioned in that paragraph has been made, held in accordance with that order).

(4) In this section “proceeds”, in relation to an investment, means any interest or dividends received in respect of the investment and any sums received on the realisation of the investment.

(5) For the purposes of subsection (3), the extent to which any proceeds are attributable to the investment of sums paid under subsection (1) out of money held for distribution by a particular body or held in the name of the Secretary of State shall be determined by, or in accordance with principles determined by, the Secretary of State.

33 Accounts of the Secretary of State and National Debt Commissioners. U.K.

(1) The Secretary of State shall prepare accounts in respect of the Distribution Fund in such form, and in such manner and at such times, as the Treasury may direct.

(2) The National Debt Commissioners shall prepare accounts in respect of any investments under section 32 in such form, and in such manner and at such times, as the Treasury may direct.

(3) Each account prepared under subsection (1) or (2) shall be sent to the Comptroller and Auditor General who shall examine, certify and report on it and shall lay copies of it and of his report before Parliament.

[F56 (4) For the purpose of exercising his examination function in relation to any accounts prepared under subsection (1), the Comptroller and Auditor General—

(a) shall have a right of access at all reasonable times to any documents which he reasonably requires which are in the custody or under the control of any section 5 licensee; and

(b) shall have a right to require from any officer or employee of any section 5 licensee, or from the auditors of any section 5 licensee, an explanation of, or information relating to, any such documents;

but a section 5 licensee shall not, by virtue only of this subsection, be a body to which section 6 of the M10 National Audit Act 1983 applies.

(5) For the purpose of—

(a) exercising his examination function in relation to any accounts prepared under subsection (1), or

(b) deciding whether, or to what extent, to exercise any right conferred by subsection (4),

the Comptroller and Auditor General shall have regard to any information which the Director General has obtained from any section 5 licensee and which is relevant to the exercise of that function.

(6) Where, in exercising his examination function in relation to any accounts prepared under subsection (1), the Comptroller and Auditor General obtains any information which gives him grounds to believe that a section 5 licensee has, or may have, contravened any of the conditions of its licence under section 5, the Comptroller and Auditor General shall as soon as practicable disclose that information to the Director General.

(7) A section 5 licensee shall be under a duty—

(a) to permit the Comptroller and Auditor General to exercise the right conferred by subsection (4)(a); and

(b) to do all that may be reasonably practicable to secure that any person who under subsection (4)(b) is required to provide an explanation of, or information relating to, any document complies with that requirement;

and any breach of that duty shall be actionable at the suit of the Comptroller and Auditor General.

(8) The right of access to documents conferred by subsection (4)(a) includes a right to take copies of or make extracts from documents.

(9) In this section any reference to documents includes a reference to information held by means of a computer or in any other electronic form; and in the case of information so held the right of access conferred by subsection (4)(a) includes a right of access to, and to take copies of, that information in a visible and legible form.

(10) In this section—

• “examination function”, in relation to the Comptroller and Auditor General, means his function under subsection (3);

• “section 5 licensee” means a body which holds or has held a licence under section 5.]

Textual Amendments

F56 S. 33(4)-(10) inserted (2.9.1998) by 1998 c. 22, ss. 5(2)(3), 27(5).

Marginal Citations

M10 1983 c. 44.

Reports and accounts of distributing bodies U.K.

34 Annual reports by distributing bodies other than Millennium Commission. U.K.

(1) As soon as possible after the end of every financial year, each body that in that year was paid any money under section 24 or distributed or applied any money under section 25 shall make a report to the Secretary of State on the exercise during that year of its functions under this Act.

(2) The report shall set out any directions given to the body under section 26 that had effect during the financial year to which the report relates.

(3) The Secretary of State shall lay a copy of every report received by him under this section before Parliament.

(4) This section does not apply to the Millennium Commission.

[F57 (5) The functions of the Secretary of State under this section shall, in so far as they relate to any body other than–

(a) any body specified in section 23(1) whose functions relate exclusively or mainly to the arts in any one of England, Wales or Northern Ireland; or

(b) any body specified in section 23(2) whose functions relate exclusively or mainly to sport in any one of England, Wales or Northern Ireland,

be treated as exercisable in or as regards Scotland and may be exercised separately.]

[F58 (6) Where a report is made under subsection (1) to the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998), the Scottish Ministers shall lay a copy of the report before the Scottish Parliament.]

Textual Amendments

F57 S. 34(5) added (30.6.1999) by S.I. 1999/1756, arts. 1(1), 2, Sch. para. 15(6); S.I. 1998/3178, art. 3

F58 S. 34(6) added (1.7.1999) by S.I. 1999/1750, arts. 1(1), 6(1), Sch. 5 para. 12(3) (with art. 8); S.I. 1998/3178, art. 3

Modifications etc. (not altering text)

C27 S. 34: certain functions made exercisable by the Scottish Ministers concurrently with the Minister (1.7.1999) by S.I. 1999/1750, arts. 1(1), 3, Sch. 2 (with art. 7); S.I. 1998/3178, art. 3

C28 S. 34(3) modified (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

35 Accounts of distributing bodies other than Charities Board and Millennium Commission. U.K.

(1) A body shall keep proper accounts in respect of any money paid to it under section 24 and proper records in relation to the accounts.

(2) A body shall prepare a statement of accounts in respect of each financial year in which it was paid any money under section 24 or distributed or applied any money under section 25.

(3) The statement shall comply with any directions that may be given by the Secretary of State as to the information to be contained in such a statement, the manner in which such information is to be presented or the methods and principles according to which such a statement is to be prepared.

(4) Copies of the statement shall be sent to the Secretary of State and the Comptroller and Auditor General within such period after the end of the financial year to which the statement relates as the Secretary of State may direct.

(5) The Comptroller and Auditor General shall examine, certify and report on the statement and shall lay copies of the statement and of his report before Parliament.

(6) The Secretary of State shall not give a direction under this section without the Treasury’s approval.

(7) This section does not apply to the National Lottery Charities Board [F59 , the Millennium Commission or the New Opportunities Fund].

[F60 (8) The functions of the Secretary of State–

(a) under subsection (3) to give directions shall, in so far as they relate 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; and

(b) under subsection (4) to receive copies of the statement shall, in so far as they relate to any body other than–

(i) any body specified in section 23(1) whose functions relate exclusively or mainly to the arts in any one of England, Wales or Northern Ireland; or

(ii) any body specified in section 23(2) whose functions relate exclusively or mainly to sport in any one of England, Wales or Northern Ireland,

be treated as exercisable in or as regards Scotland and may be exercised separately.]

Textual Amendments

F59 Words in s. 35(7) substituted (2.7.1998) by 1998 c. 22, ss. 8(1), 27(4).

F60 S. 35(8) added (30.6.1999) by S.I. 1999/1756, arts. 1(1), 2, Sch. para. 15(7) (with art. 8); S.I. 1998/3178, art. 3

Modifications etc. (not altering text)

C29 S. 35(3) (as read with s. 43CC(2)(b)): 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

S. 35(3): functions amended (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2

C30 S. 35(4): certain functions made exercisable by the Scottish Ministers concurrently with the Minister concerned (1.7.1999) by S.I. 1999/1750, arts. 1(1), 3, Sch. 2 (with art. 7); S.I. 1998/3178, art. 3

C31 S. 35(5) modified (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

The Trustees of the National Heritage Memorial Fund U.K.

36 Amendment of the National Heritage Act 1980. U.K.

The M11 National Heritage Act 1980 shall have effect with the amendments set out in Schedule 4.

Marginal Citations

M11 1980 c. 17.

The National Lottery Charities Board U.K.

37 The National Lottery Charities Board. U.K.

(1) There shall be a body corporate known as the National Lottery Charities Board.

(2) Schedule 5 makes provision in relation to the Charities Board.

38 Grants to charities etc. U.K.

(1) The Charities Board may make out of any money they receive grants for meeting the expenditure of charities or of institutions such as are mentioned in paragraph (b) of the definition of “charitable expenditure” in section 44(1) [F61 , including grants for establishing or contributing to endowments in connection with such expenditure].

(2) In making a grant under this section, the Charities Board may impose such conditions as they think fit, including conditions requiring the amount of a grant to be repaid forthwith on breach of any condition.

F62 [(3) The Charities Board may for the purpose of enabling them to exercise their functions acquire and dispose of land.]

Textual Amendments

F61 Words in s. 38(1) added (retrospectively) by National Lottery (Funding of Endowments) Act 2003 (c. 23), s. 1(5)(9)

F62 S. 38(3) inserted (2.9.1998) by 1998 c. 22, ss. 14(1), 27(5).

39 Accounts. U.K.

(1) The Charities Board shall—

(a) keep proper accounts and proper records in relation to the accounts, and

(b) prepare a statement of accounts in respect of each financial year.

(2) The statement shall comply with any directions that may be given by the Secretary of State as to the information to be contained in such a statement, the manner in which such information is to be presented or the methods and principles according to which such a statement is to be prepared.

(3) Copies of the statement shall be sent to the Secretary of State and the Comptroller and Auditor General within such period after the end of the financial year to which the statement relates as the Secretary of State may direct.

(4) The Comptroller and Auditor General shall examine, certify and report on the statement and shall lay copies of the statement and of his report before Parliament.

(5) The Secretary of State shall not give a direction under this section without the Treasury’s approval.

[F63 (6) The function of the Secretary of State under subsection (3) to receive copies of the statement shall be treated as exercisable in or as regards Scotland and may be exercised separately.]

Textual Amendments

F63 S. 39(6) added (30.6.1999) by S.I. 1999/1756, arts. 1(1), 2, Sch. para. 15(8) (with art. 8); S.I. 1999/3178, art. 3

Modifications etc. (not altering text)

C32 S. 39(3): certain functions made exercisable by the Scottish Ministers concurrently with the Minister concerned (1.7.1999) by S.I. 1999/1750, arts. 1(1), 3, Sch. 2 (with art. 7); S.I. 1998/3178, art. 3

The Millennium Commission U.K.

40 The Millennium Commission. U.K.

(1) There shall be a body corporate known as the Millennium Commission.

(2) Schedule 6 makes provision in relation to the Millennium Commission.

41 Grants in respect of projects. U.K.

(1) The Millennium Commission may make out of any money they receive grants to fund or assist in the funding of such projects as the Millennium Commission consider appropriate to mark the year 2000 and the beginning of the third millennium [F64 (including grants for establishing or contributing to endowments in connection with such projects)].

(2) In making a grant under this section, the Millennium Commission may impose such conditions as they think fit, including conditions requiring the amount of a grant to be repaid forthwith on breach of any condition.

(3) The Millennium Commission may do anything that they consider desirable for enabling them to determine the projects in respect of which grants under this section are to be made.

Textual Amendments

F64 Words in s. 41(1) added (retrospectively) by National Lottery (Funding of Endowments) Act 2003 (c. 23), s. 1(6)(9)

42 Annual report. U.K.

(1) As soon as possible after the end of every financial year, the Millennium Commission shall lay before Parliament a report on the exercise of their functions during that year.

(2) The report shall set out any directions given to the Millennium Commission under section 26 that had effect during the financial year to which the report relates.

43 Accounts. U.K.

(1) The Millennium Commission shall—

(a) keep proper accounts and proper records in relation to the accounts, and

(b) prepare a statement of accounts in respect of each financial year.

(2) The statement shall comply with any directions that may be given by the Secretary of State as to the information to be contained in such a statement, the manner in which such information is to be presented or the methods and principles according to which such a statement is to be prepared.

(3) Copies of the statement shall be sent to the Comptroller and Auditor General within such period after the end of the financial year to which the statement relates as the Secretary of State may direct.

(4) The Comptroller and Auditor General shall examine, certify and report on the statement and shall lay copies of the statement and of his report before Parliament.

(5) The Secretary of State shall not give a direction under this section without the Treasury’s approval.

[F65 The New Opportunities Fund U.K.

Textual Amendments

F65 Crossheading and ss. 43A-43D inserted (2.7.1998) by 1998 c. 22, ss. 7(2), 27(4)

F66 43A The New Opportunities Fund. U.K.

(1) There shall be a body corporate known as the New Opportunities Fund.

(2) Schedule 6A makes provision in relation to the New Opportunities Fund.

Textual Amendments

F66 Ss. 43A-43D inserted (2.7.1998) by 1998 c. 22, ss. 7(2), 27(4)

F67 43B Functions of the New Opportunities Fund. U.K.

(1) The New Opportunities Fund—

(a) may make grants out of any money they receive to fund or assist in the funding of projects [F68 (including grants for establishing or contributing to endowments in connection with projects)], or

(b) may make or enter into arrangements,

which are designed to give effect to such initiatives concerned or connected with health, education or the environment as may from time to time be specified in an order made by the Secretary of State.

(2) In making a grant under this section, the New Opportunities Fund may impose such conditions as they think fit, including conditions requiring the amount of a grant to be repaid forthwith on breach of any condition.

(3) The New Opportunities Fund may do anything that they consider desirable for enabling them to determine—

(a) the projects in respect of which grants under this section are to be made; or

(b) the arrangements which are to be made or entered into under this section.

(4) The New Opportunities Fund may for the purpose of enabling them to exercise their functions acquire and dispose of land.

[F69 (5) The function of the Secretary of State under subsection (1) to specify initiatives may, in relation to initiatives applying in Scotland only, be exercised separately.]

Textual Amendments

F67 Ss. 43A-43D inserted (2.7.1998) by 1998 c. 22, ss. 7(2), 27(4)

F68 Words in s. 43B(1)(a) inserted (retrospectively) by National Lottery (Funding of Endowments) Act 2003 (c. 23), s. 1(7)(9)

F69 S. 43B(5) added (30.6.1999) by S.I. 1999/1756, arts. 1(1), 2, Sch. para. 15(9) (with art. 8); S.I. 1998/3178, art. 3

Modifications etc. (not altering text)

C33 S. 43B(1) (as read with s. 43CC(2)(b)): 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

S. 43B(1): transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

F70 43C Provisions supplemental to section 43B. U.K.

(1) In exercising their functions under section 43B the New Opportunities Fund shall comply with any directions given to them by the Secretary of State.

(2) The Secretary of State shall consult the New Opportunities Fund before giving any directions to them under this section.

(3) An initiative may be so framed that it applies—

(a) throughout the whole of the United Kingdom; or

(b) in one or more areas of the United Kingdom.

(4) Before making an order under section 43B in respect of a particular initiative the Secretary of State shall consult such persons as appear to him to be appropriate.

(5) Before revoking an order under section 43B the Secretary of State shall consult the New Opportunities Fund.

(6) Any reference in this section to an initiative is a reference to an initiative specified in an order made under section 43B.

(7) The report for any financial year of the New Opportunities Fund under section 34 shall set out any directions given to the Fund under this section that had effect during that year.

Textual Amendments

F70 Ss. 43A-43D inserted (2.7.1998) by 1998 c. 22, ss. 7(2), 27(4)

Modifications etc. (not altering text)

C34 S. 43C(1) (as read with s. 43CC(2)(b)): 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

S. 43C(1) (as read with s. 43CC(2)(a)): functions amended (1.7.1999) by S.I. 1999/1750, arts. 1(1), 4, Sch. 3 (with art. 7); S.I. 1998/3178, art. 3

S. 43C(1): certain functions made exercisable by the National Assembly for Wales concurrently with the Secretary of State (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C35 S. 43C(2): 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

S. 43C(2): certain functions made exercisable by the National Assembly for Wales concurrently with the Secretary of State (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C36 S. 43C(4): 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

S. 43C(4): transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C37 S. 43(5): 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

S. 43C(5): transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

[F71 43CC Directions to New Opportunities Fund in or as regards Scotland U.K.

(1) The function of the Secretary of State to give directions under section 43C(1) may be exercised separately.

(2) Directions given to the New Opportunities Fund under section 43C(1) may be made–

(a) to apply to the whole of the United Kingdom and provide for all matters other than those to be provided specifically for Scotland in accordance with subsection (3); or

(b) to apply only to Scotland and provide for the matters specified in subsection (3).

(3) Directions given in accordance with subsection (2)(b) may, as regards any initiative relating to a purpose which does not concern reserved matters, provide for priorities and other matters to be taken into account in determining the projects which may be funded or the arrangements which may be made or entered into to give effect to any initiative applying in Scotland and in determining, conditions of grant for the purpose of specific cases, but may not provide for–

(a) the total allocation of resources to Scotland or between Scotland and other parts of the United Kingdom; or

(b) except in relation to any initiative specified in an order made under section 43B which applies only in Scotland, the general conditions subject to which grant is made money is distributed in accordance with directions applying to the whole of the United Kingdom.]

Textual Amendments

F71 S. 43CC inserted (30.6.1999) by S.I. 1999/1756, arts. 1(1), 2, Sch. para. 15(10) (with art. 8); S.I. 1998/3178, art. 3

F72 43D Accounts. U.K.

(1) The New Opportunities Fund shall—

(a) keep proper accounts and proper records in relation to the accounts, and

(b) prepare a statement of accounts in respect of each financial year.

(2) The statement shall comply with any directions that may be given by the Secretary of State as to the information to be contained in such a statement, the manner in which such information is to be presented or the methods and principles according to which such a statement is to be prepared.

(3) Copies of the statement shall be sent to the Secretary of State and the Comptroller and Auditor General within such period after the end of the financial year to which the statement relates as the Secretary of State may direct.

(4) The Comptroller and Auditor General shall examine, certify and report on the statement and shall lay copies of the statement and of his report before Parliament.

(5) The Secretary of State shall not give a direction under this section without the Treasury’s approval.

[F73 (6) The Secretary of State’s function under subsection (3) to receive copies of the statement shall be treated as exercisable in or as regards Scotland and may be exercised separately.]]

Textual Amendments

F72 Ss. 43A-43D inserted (2.7.1998) by 1998 c. 22, ss. 7(2), 27(4)

F73 S. 43D(6) added (30.6.1999) by S.I. 1999/1756, arts. 1(1), 2, Sch. para. 15(11) (with art. 8); S.I. 1998/3178, art. 3

Modifications etc. (not altering text)

C38 S. 43D(3): certain functions made exercisable by the Scottish Ministers concurrently with the Minister concerned (1.7.1999) by S.I. 1999/1750, arts. 1(1), 3, Sch. 2 (with art. 7); S.I. 1998/3178, art. 3

Supplementary U.K.

44 Interpretation of Part II. U.K.

(1) In this Part—

• “charitable expenditure” means expenditure—

  (a)

  by charities, or

  (b)

  by institutions, other than charities, that are established for charitable purposes (whether or not those purposes are charitable within the meaning of any rule of law), benevolent purposes or philanthropic purposes;

• “the Charities Board” means the National Lottery Charities Board;

• “the Distribution Fund” means the National Lottery Distribution Fund;

• [F74 “education” includes training and the provision of activities for children;

• [F75 “endowment” includes permanent endowment;]

• “the environment” includes the living and social environment;]

• “expenditure on or connected with the national heritage” [F76 means expenditure for any purpose for which expenditure may be incurred under section 3, 3A or 4 of the National Heritage Act 1980]

• “financial year”, in relation to a body, means—

  (a)

  the period beginning with the date on which the body is established and ending with the next 31st March, and

  (b)

  each successive period of twelve months ending with 31st March.

• [F77 “joint scheme” means a joint scheme under section 25B;]

(2) For the purposes of the definition of “expenditure on or connected with the national heritage” in subsection (1), any reference in section 3 [F78 3A or 4]of the National Heritage Act 1980 to the opinion of the Trustees shall be read, in relation to any body other than the Trustees of the National Heritage Memorial Fund that is for the time being specified in section 23(3), as a reference to the opinion of that body.

[F79 (3) A project or arrangement shall be regarded for the purposes of this Part as concerned or connected with health, education or the environment notwithstanding that it contains incidental provision—

(a) which is not concerned or connected with any of those matters; but

(b) which is necessary or expedient for the purposes of the project or arrangement.]

[F80 (4) Any reference in this Part to the distribution of money shall be construed as including the making or entering into of arrangements in accordance with section 25(1A) or 43B; and related expressions used in this Part shall be construed accordingly.]

Textual Amendments

F74 Definitions in s. 44(1) inserted (2.7.1998 with application in relation to sums paid into the National Lottery Distribution Fund under s. 21(2) on or after 14.10.1997) by 1998 c. 22, s. 6(8)(9).

F75 Words in s. 44(1) inserted (retrospectively) by National Lottery (Funding of Endowments) Act 2003 (c. 23), s. 1(8)(9)

F76 Words in s. 44(1) substituted (4.3.1998) by 1997 c. 14, s. 3, Sch. Pt. I para. 5(a); S.I. 1998/292, art. 2

F77 Definition in s. 44(1) inserted (2.7.1998) by 1998 c. 22, s. 12(2).

F78 Words in s. 44(2) inserted (4.3.1998) by 1997 c. 14, s. 3, Sch. Pt. I para. 5(b); S.I. 1998/292, art. 2

F79 S. 44(3) inserted (2.7.1998) by 1998 c. 22, s. 8(2).

F80 S. 44(4) inserted (2.7.1998) by 1998 c. 22, s. 9(2).

Part III U.K. MISCELLANEOUS AMENDMENTS RELATING TO LOTTERIES

Preliminary U.K.

45 Interpretation of Part III. U.K.

In this Part “the 1976 Act” means the M12 Lotteries and Amusements Act 1976.

Marginal Citations

M12 1976 c. 32.

Importation and exportation restrictions U.K.

46 Importation and exportation restrictions. U.K.

(1) In section 1 of the M13 Revenue Act 1898 (prohibition on the importation of advertisements and notices relating to lotteries) as it applies in the United Kingdom, after “importation” there shall be inserted “ from a place outside the British Islands and the member States ”.

(2) That section so far as it applies in the British Islands outside the United Kingdom shall cease to have effect.

(3) In section 2(1) of the 1976 Act (general lottery offences)—

(a) in paragraph (d) (bringing or sending lottery tickets or advertisements into Great Britain) after “Great Britain” there shall be inserted “ from a place outside the British Islands and the member States ”, and

(b) in paragraph (e) (sending lottery proceeds etc. out of Great Britain) after “Great Britain” there shall be inserted “ to a place outside the British Islands and the member States ”.

(4) In Article 132(1) of the M14 Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (general lottery offences)—

(a) in paragraph (d) (bringing or sending lottery tickets or advertisements into Northern Ireland) after “Northern Ireland” there shall be inserted “ from a place outside the British Islands and the member States ”, and

(b) in paragraph (f) (sending lottery proceeds etc. out of Northern Ireland) after “Northern Ireland” there shall be inserted “ to a place outside the British Islands and the member States ”.

Marginal Citations

M13 1898 c. 46.

M14 S.I. 1985/1204 (N.I. 11).

Private lotteries E+W+S

47 Private lotteries. E+W+S

For section 4(1) of the 1976 Act (private lotteries) there shall be substituted—

“(1) In this Act “private lottery” means a lottery in Great Britain which is promoted—

(a) for members of one society established and conducted for purposes not connected with gaming, betting or lotteries;

(b) for persons all of whom work on the same premises; or

(c) for persons all of whom reside on the same premises,

and which satisfies the conditions in subsections (1A) and (1B) below.

(1A) The lottery must be promoted by persons each of whom—

(a) is one of the persons for whom the lottery is promoted; and

(b) in the case of a lottery promoted for the members of a society, is authorised in writing by the governing body of the society to promote the lottery.

(1B) The sale of tickets or chances in the lottery must be confined—

(a) to the persons for whom the lottery is promoted; and

(b) in the case of a lottery promoted for the members of a society, to any other persons on the society’s premises.”

Societies’ lotteries and local lotteries E+W+S

48 Registration of societies. E+W+S

(1) Section 5 of the 1976 Act (societies’ lotteries) shall be amended as follows.

(2) In subsection (3) (conditions that must be satisfied for a lottery not to be unlawful) in paragraph (b) (society to be registered under Schedule 1 to that Act) for “Schedule 1 to this Act” there shall be substituted “ the appropriate Schedule ”.

(3) After subsection (3) there shall be inserted—

“(3A) The appropriate Schedule for the purposes of subsection (3)(b) above—

(a) is Schedule 1 to this Act if none of subsections (3B) to (3D) below applies to the lottery;

(b) is Schedule 1A to this Act if any of those subsections applies to the lottery.

(3B) This subsection applies to a lottery if the total value of the tickets or chances sold or to be sold in the lottery is more than £20,000.

(3C) This subsection applies to a lottery if the total value of—

(a) the tickets or chances sold or to be sold in the lottery, and

(b) the tickets or chances sold or to be sold in all earlier lotteries held by the same society in the same year,

is more than £250,000.

(3D) This subsection applies to a lottery if subsection (3B) or (3C) above applied to any earlier lottery held by the same society in the same year or any of the three preceding years.

(3E) For the purposes of this section—

(a) a lottery is earlier than another lottery if any tickets or chances in it are sold, distributed or offered for sale before any tickets or chances in the other lottery are sold, distributed or offered for sale, and

(b) a lottery is held in the year in which the date of the lottery falls.

(3F) In this section “year” means a period of twelve months beginning with 1st January.”

(4) In subsection (5) (which introduces Schedule 1 to the 1976 Act) for “Schedule 1” there shall be substituted “ Schedules 1 and 1A ”.

(5) Schedule 1 to the 1976 Act (registration of societies) shall have effect with the amendments set out in Part I of Schedule 7 to this Act.

(6) After Schedule 1 to the 1976 Act there shall be inserted the Schedule set out in Part II of Schedule 7 to this Act.

49 Registration of lottery schemes. E+W+S

(1) In section 5(3) of the 1976 Act (conditions that must be satisfied for a society’s lottery not to be unlawful) paragraph (d) (lottery scheme to be registered with the Gaming Board if the total value of tickets or chances to be sold in the lottery is more than £10,000) and the word “and” immediately preceding it shall be omitted.

(2) At the end of section 6 of the 1976 Act (local lotteries) there shall be added—

“(4) Schedule 2 to this Act shall have effect.”

(3) Section 9 of the 1976 Act (schemes for societies’ lotteries and local lotteries) shall cease to have effect.

(4) Schedule 2 to the 1976 Act (registration of schemes) shall have effect with the amendments set out in Schedule 8 to this Act.

50 Lottery managers. E+W+S

(1) Immediately before section 10 of the 1976 Act there shall be inserted—

“9A Lottery managers.

(1) No person shall manage a society’s lottery or a local lottery unless that person is—

(a) a member of the society on whose behalf or of the local authority by whom the lottery is promoted, acting in his capacity as such,

(b) an employee of that society or authority acting in the course of his employment,

(c) in the case of a society’s lottery, a company that is wholly owned by the society,

(d) a person certified as a lottery manager under Schedule 2A to this Act, or

(e) an employee of a person so certified acting in the course of his employment.

(2) In subsection (1) above “employee”, in relation to an unincorporated body, includes an employee of a member of the body employed by him in his capacity as a member.

(3) For the purposes of subsection (1)(c) above—

(a) “company” means a company formed and registered under the M15 Companies Act 1985 or a company to which the provisions of that Act apply as they apply to a company so formed and registered, and

(b) a company is wholly owned by a society if the society is entitled (whether directly or through one or more nominees) to exercise, or control the exercise of, the whole of the voting power at any general meeting of the company.

(4) In subsection (1) above and Schedule 2A to this Act references to managing a lottery are to managing the promotion, or any part of the promotion, of a lottery.

(5) Schedule 2A to this Act shall have effect.”

(2) After Schedule 2 to the 1976 Act there shall be inserted the Schedule set out in Schedule 9 to this Act.

Marginal Citations

M15 1985 C. 6.

51 Frequency of lotteries. E+W+S

For section 10 of the 1976 Act there shall be substituted—

“10 Frequency of lotteries.

(1) The Secretary of State may by order prescribe—

(a) the maximum number of lotteries that may be promoted under section 5 or 6 above in any period of twelve months on behalf of the same society or by the same local authority; and

(b) the minimum number of days that must elapse between the dates of any two lotteries promoted under section 5 or 6 above on behalf of the same society or by the same local authority.

(2) An order under subsection (1) above may make different provision for different cases or circumstances.”

52 Rules for lotteries. E+W+S

(1) Section 11 of the 1976 Act (rules for authorised lotteries) shall be amended as follows.

(2) In subsection (1)(b) (information to be given in the case of a society’s lottery on every ticket and every notice or advertisement of the lottery) for the words from “and every notice” to “published” there shall be substituted “ distributed or sold ”.

(3) In subsection (3) (the price of every ticket or chance in a lottery to be the same and to be stated on any ticket) after “any ticket” there shall be inserted “ distributed or sold ”.

(4) After subsection (4) there shall be inserted—

“(4A) No payment other than the price of a ticket or chance shall be required of a person as a condition of his admission to participate in a society’s lottery or a local lottery.”

(5) For subsections (5) to (10) there shall be substituted—

“(5) No prize in a society’s lottery or a local lottery shall exceed in amount or value £25,000 or 10 per cent. of the total value of the tickets or chances sold in the lottery (whichever is greater).

(6) The total value of the tickets or chances sold in any one such lottery shall not exceed £1,000,000.

(7) The total value of the tickets or chances sold in all such lotteries held in any one year and promoted on behalf of the same society or by the same local authority shall not exceed £5,000,000.

(8) For the purposes of subsection (7) above, a lottery is held in the year in which the date of the lottery falls.

(9) In this section “year” means a period of twelve months beginning with 1st January; but if subsection (7) above (as substituted by section 52 of the National Lottery etc. Act 1993) comes into force on a date other than 1st January—

(a) the period beginning with that date and ending with the next 31st December shall be taken to be the first year for the purposes of that subsection, and

(b) in relation to that period, the reference to £5,000,000 in that subsection shall be read as a reference to a proportionately smaller amount.”

(6) In subsection (11) (not more than half of a lottery’s proceeds may be appropriated for the provision of prizes) for “one half” there shall be substituted “ 50 per cent. ”.

(7) In subsection (13) (which specifies, in relation to the amount of a lottery’s proceeds that may be appropriated on account of expenses, limits that differ according to whether or not the proceeds exceed £10,000)—

(a) for “£10,000”, in both places, there shall be substituted “ £20,000 ”, and

(b) for “25 per cent.”, in both places, there shall be substituted “ 30 per cent. ”

(8) After subsection (13) there shall be added—

“(14) For the purposes of subsection (12) above, the amount of any expenses that are met—

(a) by the society on whose behalf, or the local authority by whom, the lottery is promoted, or

(b) by any beneficiary of the lottery,

shall be treated as having been appropriated on account of expenses from the proceeds of the lottery.

(15) In subsection (14) above “beneficiary of the lottery” means a person (other than the society on whose behalf, or the local authority by whom, the lottery is promoted) to whom or for whose benefit any of the proceeds of the lottery, other than amounts appropriated in respect of expenses or prizes, are lawfully paid or applied.

(16) The amount of the proceeds of a society’s lottery or a local lottery appropriated for the provision of prizes and the amount of those proceeds appropriated on account of expenses (exclusive of prizes) shall not exceed in aggregate a prescribed percentage of the whole proceeds of the lottery.”

53 Offences. E+W+S

(1) Section 13 of the 1976 Act (offences relating to societies’ lotteries and local lotteries) shall be amended as follows.

(2) In subsection (1) (contravention of requirement of Act or of regulations made under it) for “or of any regulations made under it” there shall be substituted “ , of any regulations made under it or of any order made under section 10 above ”.

(3) After subsection (2) there shall be inserted—

“(2A) It shall be a defence for a person charged with an offence in respect of a contravention of section 11(5) above to prove—

(a) that the total value of the tickets or chances sold in the lottery fell short of the sum reasonably estimated; and

(b) that the amount or value of the prize in question would not have contravened section 11(5) above if the total value of the tickets or chances sold had amounted to the sum reasonably estimated; and

(c) that, if the amount or value of the prize had been any less, an unconditional undertaking as to prizes given in connection with the sale of tickets or chances would have been broken.”

(4) In subsection (4) (defence in respect of contravention of section 10 etc.) after “contravention of” there shall be inserted “ an order made under ”.

54 Powers of the Secretary of State to vary monetary limits and to prescribe or vary fees. E+W+S

(1) Section 18 of the 1976 Act (powers of the Secretary of State as to monetary limits, fees etc.) shall be amended as follows.

(2) For subsection (1)(a) there shall be substituted—

“(a) vary the sum specified in section 5(3B) or (3C) above;”.

(3) For subsection (1)(b) there shall be substituted—

“(b) vary any sum or percentage specified in section 11 above or prescribe the percentage referred to in subsection (16) of that section;”.

(4) In subsection (1)(e) for “under paragraph 7 of Schedule 2 below” there shall be substituted “ , or provide that no fees are to be payable, under paragraph 2, 6 or 10 of Schedule 1A below or paragraph 6A or 7 of Schedule 2 below ”.

(5) In subsection (1) the word “and” at the end of paragraph (e) shall be omitted and after that paragraph there shall be inserted—

“(ee) vary the sum specified in paragraph 13(1) of Schedule 1A below or paragraph 6D(1) of Schedule 2 below;

(eee) vary the fee payable under paragraph 1 of Schedule 2A below; and”.

(6) In subsection (2) for “subsection (1)(e) above” there shall be substituted “ subsection (1) above may make different provision for different cases or circumstances and an order made by virtue of paragraph (e) of that subsection ”.

55 Interpretation of the 1976 Act. E+W+S

In section 23(1) of the 1976 Act (interpretation) the following definitions shall be inserted in the appropriate places in alphabetical order—

• ““employee” and “employment” have the meanings given by section 153(1) of the M16 Employment Protection (Consolidation) Act 1978”;

““registration authority” has the meaning given by paragraph 1 of Schedule 1 below”.

Marginal Citations

M16 1978 C. 44.

Part IV E+W+S POOL BETTING

56 Removal of prohibition on the use of premises for the delivery of football pools coupons and stakes. E+W+S

(1) Section 1 of the M17 Betting, Gaming and Lotteries Act 1963 (restriction on use of premises for betting transactions) shall be amended as follows.

(2) In subsection (1) for “subsection (5)” there shall be substituted “ subsections (4A) and (5) ”.

(3) After subsection (4) there shall be inserted—

“(4A) Subject to subsections (4B) and (4C) of this section, subsection (1)(a) of this section shall not apply to the use of premises as a place where persons may deliver—

(a) completed coupons or other entry forms for qualifying competitions promoted by a registered pool promoter in the course of his pool betting business; and

(b) the stake money in respect of such coupons or other entry forms;

for forwarding to the registered pool promoter.

(4B) Subsection (4A) of this section shall not affect the operation of subsection (1)(a) of this section in relation to any premises of a class or description for the time being prescribed for the purposes of this subsection.

(4C) In subsection (4A) of this section, the reference to coupons or other entry forms for qualifying competitions does not include any coupon or other entry form that can effect entry to a competition that is not a qualifying competition.

(4D) In subsections (4A) and (4C) of this section, “qualifying competition” means a competition—

(a) that is a competition for prizes for making forecasts as to association football games to be played on a Saturday, a Sunday or a day that is a bank holiday in England and Wales or in Scotland under the M18 Banking and Financial Dealings Act 1971, and

(b) that requires each entry in the competition to consist of a forecast as to at least four such games.”

Marginal Citations

M17 1963 c. 2.

M18 1971 c. 80.

57 Reduction of age limit in relation to football pool betting. E+W+S

(1) In section 21 of the M19 Betting, Gaming and Lotteries Act 1963 (betting with young persons) after subsection (2) (definition of “young person”) there shall be added—

“(3) In any case concerning—

(a) a bet which is an entry in a qualifying competition (as defined in section 1(4D) of this Act), or

(b) a betting transaction relating to such a bet,

this section shall have effect with the substitution in subsection (2) of “sixteen” for “eighteen”.

(4) Subsection (3) of this section does not apply in relation to the employment of a young person in a licensed betting office.”

(2) In section 22 of that Act (betting circulars not to be sent to young persons)—

(a) in subsection (3), for “to be of full age” there shall be substituted “ to have attained that age ”, and

(b) after subsection (3) there shall be added—

“(4) In any case concerning—

(a) a bet which is an entry in a qualifying competition (as defined in section 1(4D) of this Act),

(b) a betting transaction relating to such a bet, or

(c) information as to any game of association football upon which such betting is carried on,

this section shall have effect with the substitution in subsections (1) and (3) of “sixteen” for “eighteen”.”

Marginal Citations

M19 1963 c. 2.

58 Roll-over of prize money. E+W+S

(1) Schedule 2 to the Betting, Gaming and Lotteries Act 1963 (registered pool promoters) shall be amended as follows.

(2) In paragraph 13 (requirements with which the pool betting business of a registered pool promoter must comply) for sub-paragraph (e) there shall be substituted—

“(e) the total amount payable by way of winnings shall, in the case of each competition, be calculated in accordance with paragraph 13A of this Schedule;”.

(3) After paragraph 13 there shall be inserted—

“13A (1) In any competition the total amount payable by way of winnings shall be the aggregate of—

(a) the total amount of the stakes in respect of entries in the competition, less the relevant percentage of that total amount; and

(b) any amount that has been duly carried over to the competition from a previous competition in accordance with any provision made under paragraph 14A of this Schedule;

less any amount that falls to be carried over from the competition in accordance with any such provision.

(2) In sub-paragraph (1) of this paragraph “relevant percentage” means such percentage as may be determined by the promoter, being—

(a) the same percentage in respect of all his competitions which depend on the same events or on events taking place on the same day; and

(b) a percentage which is determined and notified to the accountant before that day.”

(4) In paragraph 14—

(a) after “paragraph 13(d) or (e)” there shall be inserted “ or 13A ”, and

(b) for “paragraph 13(e)” there shall be substituted “ paragraph 13A ”.

(5) After paragraph 14 there shall be inserted—

“14A (1) Subject to any directions under paragraph 14B of this Schedule, the rules applicable to any competition may provide that if none of the bets in the competition qualifies for, or for a share in, the first prize—

(a) the amount of that prize shall be carried over to the next relevant competition, or

(b) part of that amount shall be carried over to the next relevant competition and the balance shall be applied as mentioned in paragraph 14(1)(b) of this Schedule.

(2) In sub-paragraph (1) of this paragraph—

(a) “the first prize” means the highest prize that can be won, having regard to the outcome of the events on which the competition depends (and not any higher prize that could have been won had the outcome of those events been different),

(b) “the next relevant competition” means the next competition to be held by the same registered pool promoter under the same rules within the fourteen days following the day on which the result of the competition is determined, and

(c) the reference in paragraph (b) to part of the amount referred to in paragraph (a) is to such proportion of that amount as may be specified in the rules or as may be determined by the promoter in accordance with the rules.

14B (1) The Secretary of State may direct that any provision made under paragraph 14A of this Schedule—

(a) is not to have effect, or

(b) is to have effect subject to such limitations as are specified in the direction.

(2) The limitations that may be specified under sub-paragraph (1)(b) of this paragraph include—

(a) limitations as to the number of competitions from which amounts may be carried over, and

(b) limitations as to the period within which any such competitions may be held.

(3) Any directions under this paragraph shall be given in writing and may be varied or revoked by subsequent directions.”

(6) In paragraph 15—

(a) after “paragraph 13(d) or (e)” there shall be inserted “ or 13A ”, and

(b) for “paragraph 13(e)” there shall be substituted “ paragraph 13A ”.

(7) In paragraph 20(1) (information relating to a competition which the promoter is required to include in a statement to the accountant) after paragraph (b) there shall be inserted—

“(bb) the amount (if any) carried over to the competition from a previous competition in accordance with any provision made under paragraph 14A of this Schedule;

(bbb) the amount (if any) carried over from the competition in accordance with any such provision;”.

(8) In paragraph 21 (statement as to commission and expenses which the promoter is required to send to every competitor in a competition)—

(a) in sub-paragraph (1)(a) for the words from “after deducting” to the end there shall be substituted “ after making in respect of each of those competitions the deductions mentioned in sub-paragraph (1A) of this paragraph; ”, and

(b) after sub-paragraph (1) there shall be inserted—

“(1A) In relation to any competition, the deductions referred to are—

(a) a deduction of the aggregate of the total amount payable by way of winnings in the competition and any amount carried over from the competition in accordance with any provision made under paragraph 14A of this Schedule, less any amount carried over to the competition in accordance with any such provision, and

(b) a deduction of the amount of pool betting duty payable in respect of the competition.”

(9) In paragraph 23(1) (content of annual statement to be sent by registered pool promoter to accountant and registering authority) in paragraph (b) for the words from “after deducting” to the end there shall be substituted “ after making in respect of each of those competitions the deductions mentioned in paragraph 21(1A) of this Schedule; ”.

59 Pool promoters’ dividends. E+W+S

(1) Paragraph 14 of Schedule 2 to the M20 Betting, Gaming and Lotteries Act 1963 (provision which may be made in rules applicable to competitions promoted by registered pool promoters) shall be amended as follows.

(2) In sub-paragraph (c) (provision for rounding winnings up or down by a specified sum) for “sixpence”, in both places, there shall be substituted “ 20 pence ”.

(3) For “sub-paragraph (c) of this paragraph” there shall be substituted “ paragraph (c) of this sub-paragraph ”.

(4) The provisions of paragraph 14 as amended by section 58(4) and subsections (2) and (3) shall become sub-paragraph (1) of that paragraph and the following sub-paragraph shall be added at the end—

“(2) The Secretary of State may by order made by statutory instrument vary the sum for the time being specified in sub-paragraph (1)(c) of this paragraph; and an instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

Marginal Citations

M20 1963 c. 2.

Part V U.K. SUPPLEMENTARY

60 Orders and regulations. U.K.

(1) Any power to make an order or regulations under this Act shall be exercisable by statutory instrument.

(2) An order shall not be made under

[F81 (a) section 28, 30 or 43B, or

(b) paragraph 2(5) of Schedule 3A,]

unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.

[F82 (2A) Subsection (2) does not apply to an order which contains only provision revoking an order under section 43B.]

(3) A statutory instrument containing any order or regulations under this Act, other than

[F83 (a) an order to which subsection (2) applies, or

(b) an order under section 65,]

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F84 (3A) Subsection (3) does not apply to a statutory instrument which contains only provision revoking an order under paragraph 2(1) of Schedule 3A.

(3B) A statutory instrument which contains only provision revoking an order under paragraph 2(1) of Schedule 3A shall be laid before each House of Parliament.]

(4) Any order or regulations under this Act may make different provision for different cases or circumstances.

(5) Any order or regulations under this Act may make such incidental, supplemental and transitional provision as the person making the order or regulations thinks appropriate.

[F85 (6) Any reference in this section to an order is a reference to an order of the Secretary of State.]

Subordinate Legislation Made

P1 S. 60(5) power partly exercised (10.4.1994): 3.5.1994 and 3.10.1994 appointed for specified provisions by S.I. 1994/1055.

Textual Amendments

F81 S. 60(2)(a)(b) substituted (2.7.1998) for words in s. 60(2) by 1998 c. 22, ss. 15(2), 27(4).

F82 S. 60(2A) inserted (2.7.1998) by 1998 c. 22, ss. 15(3), 27(4).

F83 S. 60(3)(a)(b) substituted for words in s. 60(3) (2.7.1998) by 1998 c. 22, ss. 15(4), 27(4).

F84 S. 60(3A)(3B) inserted (2.7.1998) by 1998 c. 22, ss. 15(5), 27(4).

F85 S. 60(6) inserted (2.7.1998) by 1998 c. 22, ss. 15(6), 27(4).

Modifications etc. (not altering text)

C39 S. 60(2) excluded (2.7.1998) by 1998 c. 22, ss. 8(6), 27(4).

C40 S. 60(6) modified (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

61 Directions. U.K.

Any directions under this Act shall be given in writing and may be varied or revoked by subsequent directions.

62 Expenses. U.K.

There shall be paid out of money provided by Parliament—

(a) any expenses of the Secretary of State or the National Debt Commissioners attributable to this Act, and

(b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

63 Northern Ireland. U.K.

(1) This Act extends to Northern Ireland (except so far as it amends enactments that do not extend there).

(2) Subject to any Order made after the passing of this Act by virtue of section 3(1)(a) of the M21 Northern Ireland Constitution Act 1973, matters relating to the National Lottery that are not excepted matters for the purposes of that Act shall not be transferred matters for those purposes but shall for the purposes of section 3(2) of that Act be treated as specified in Schedule 3 to that Act.

Marginal Citations

M21 1973 c. 36.

64 Repeals. U.K.

The enactments mentioned in Schedule 10 are repealed to the extent specified in the third column of that Schedule.

Commencement Information

I2 S. 64 wholly in force at 3.5.1994; s. 64 not in force at Royal Assent see s. 65; s. 64 in force at 21.12.1993 to the extent that it relates to specified provisions of Schedule 10 by S.I. 1993/2632, art. 3; s. 64 in force in so far as not already in force by S.I. 1994/1055, art. 2.

65 Commencement. U.K.

This Act shall come into force on such date as the Secretary of State may by order appoint; and different dates may be so appointed for different provisions or for different purposes.

Subordinate Legislation Made

P2 S. 65 power partly exercised (22.10.1993): 25.10.1993 and 21.12.1993 appointed for specified provisions by S.I. 1993/2632, arts. 2, 3

S. 65 power partly exercised (10.4.1994): 3.5.1994 and 3.10.1994 appointed for specified provisions by S.I. 1994/1055, arts. 2, 3

S. 65 power partly exercised (10.10.1994): 14.11.1994 appointed for specified provisions by S.I. 1994/2659, art. 2.

66 Short title. U.K.

This Act may be cited as the National Lottery etc. Act 1993.