Part I AUTHORISATION AND REGULATION OF THE NATIONAL LOTTERY
Preliminary
1 The National Lottery.
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 F81person licensed to run the National Lottery under section 5, or
b
in pursuance of an agreement that has been made between that F82person 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.
F1262 Legality of lotteries forming part of the National Lottery.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3AF2The F170Gambling Commission.
F1791
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Schedule 2A makes provision in relation to the F180Gambling Commission.
C35C444 Overriding duties of the Secretary of State and Director General.
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).
F1814AConsultation with Gambling Commission
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4BF78Disclosure of information
1
2
3
Information disclosed under this section shall not be further disclosed except in accordance with subsection (4).
4
Information may be further disclosed—
a
for the purpose of complying with an enactment,
b
in pursuance of an order of a court,
c
for the purpose of legal proceedings connected with the operation of an enactment relating to lotteries,
d
with the consent of the Commissioners for Her Majesty's Revenue and Customs,
e
with the consent of each person to whom the information relates, or
f
to F164the Comptroller and Auditor General for the purposes of the exercise of functions under Part II of the National Audit Act 1983 (c. 44).
5
This section has effect despite any prohibition or restriction that would otherwise prevent disclosure of information.
F1716
In this section “national lottery functions” means functions conferred or imposed under or by virtue of—
a
a provision of this Act other than section 10C, and
b
Part 3 of the Horserace Betting and Olympic Lottery Act 2004.
4CWrongful disclosure
1
This section applies to a person—
a
who is or was an officer or employee of the F182Gambling Commission, or
b
who acts or acted on behalf of the F183Gambling Commission.
2
A person to whom this section applies commits an offence if he discloses information received from the Commissioners for Her Majesty's Revenue and Customs in contravention of section 4B(3) and the information relates to a person whose identity—
a
is specified in the disclosure, or
b
can be deduced from it.
3
It is a defence for a person charged with an offence under this section of disclosing information to prove that he reasonably believed—
a
that the disclosure was lawful, or
b
that the information had already and lawfully been made available to the public.
4
A person guilty of an offence under this section shall be liable—
a
on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or
b
on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both.
5
In relation to a conviction occurring before the commencement of section 282 of the Criminal Justice Act 2003 (c. 44) (short sentences) the reference in subsection (4)(b) to 12 months shall have effect as if it were a reference to six months.
6
In the application of this section to Scotland or Northern Ireland the reference in subsection (4)(b) to 12 months shall be taken as a reference to six months.
The licensing system
5 Licensing of a F76person to run the National Lottery.
1
The Director General may by licence authorise a F83person to run the National Lottery.
2
Only one F84person 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 F85person 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.
F626
A licence under this section shall include a condition requiring the licensee to pay into the National Lottery Distribution Fund sums out of the proceeds of lotteries forming part of the National Lottery.
6A
A licence under this section shall include provision for determining—
a
the amount of payments under subsection (6), and
b
the timing of payments under subsection (6).
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 F77persons to promote lotteries.
1
The Director General may by licence authorise a F86person 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 F87person 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.
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.
F881A
The period specified under subsection (1) must—
a
begin with the date of grant of the licence, and
b
not exceed 15 years.
1B
A licence granted under section 5 or 6 may (subject to the restriction in subsection (1A)(b)) include—
a
provision enabling the period specified under subsection (1) to be extended by the Commission;
b
provision enabling the period specified under subsection (1) to be extended by agreement between the Commission and the licensee.
2
F89A licence granted under section 5 or 6 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 F90person .
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.
F1035
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1046
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7AF134Annual fee
1
The holder of a licence under section 5 or 6—
a
shall pay a first annual fee to the Commission within such period after the issue of the licence as may be prescribed, and
b
shall pay an annual fee to the Commission before each anniversary of the issue of the licence.
2
In this section—
“annual fee” means a fee of such amount as may be prescribed, and
“prescribed” means prescribed by regulations made by the Secretary of State.
3
Subsection (1)(b) does not apply in relation to an anniversary of the issue of a licence on or immediately before which the licence ceases, by virtue of its terms, to have effect.
4
The Commission shall pay fees received by virtue of this section into the Consolidated Fund.
8 Variation of conditions in licences.
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.
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.
F633
Where a sum is due to be paid to the National Lottery Distribution Fund by virtue of section 5(6)—
a
the sum shall be recoverable by the Secretary of State as a debt due to the Fund, and
b
the licensee’s liability to pay shall not be affected by his licence ceasing to have effect.
10 Revocation of licences.
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 F91person 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 F92person 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.
F1353A
The Commission shall revoke a licence granted under section 5 or 6 if the licensee fails to pay the annual fee in accordance with section 7A; but the Commission may disapply this subsection if it thinks that a failure to pay is attributable to administrative error.
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 F136or under subsection (3A).
10AF3Financial penalties for breach of conditions in licences.
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 M1Judgments Act 1838.
F6814
Where under this section one person (“the debtor”) becomes liable to pay a penalty to another person (“the creditor”)—
a
the penalty and any interest accrued under subsection (13) shall be recoverable by the Secretary of State from the debtor as a debt due to the creditor, and
b
the debtor’s liability to pay shall not be affected by his licence ceasing to have effect.
15
A penalty under this section may be payable partly to the National Lottery Distribution Fund and partly to the Olympic Lottery Distribution Fund.
10BF4Appeals against financial penalties.
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.
10CF124Annual levy
1
The Secretary of State may make regulations requiring holders of licences under section 5 or 6 to pay an annual levy to the F165Commission .
2
The regulations shall, in particular, make provision for—
a
timing of payment of the levy, and
b
the amount of the levy.
3
The regulations may, in particular, make provision—
a
determining the amount of the levy by reference to a percentage of specified receipts of the holder of a licence under section 5 or 6,
b
determining the amount of the levy by reference to a percentage of specified profits of the holder of a licence under section 5 or 6,
c
providing for the determination of the amount of the levy according to a specified formula, or
d
providing for the determination of the amount of the levy in some other way.
4
Any sum due by way of levy by virtue of this section shall be treated for the purposes of this Act as if its payment were a condition of the licence under section 5 or 6.
5
The F166Commission shall, with the consent of the Treasury and of the Secretary of State, expend money received by way of levy for purposes related to, or by providing financial assistance for projects related to—
a
addiction to gambling,
b
other forms of harm or exploitation associated with gambling, or
c
any of the licensing objectives for the purposes of the Gambling Act 2005.
6
In subsection (5) the reference to financial assistance is a reference to grants, loans and any other form of financial assistance, which may be made or given on terms or conditions (which may include terms and conditions as to repayment with or without interest).
7
The Secretary of State may make regulations under this section only if—
a
he has made regulations under the Gambling Act 2005 requiring holders of operating licences to pay an annual levy to the F167Commission , and
b
he has consulted the F168... Commission.
F1698
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Control by the Secretary of State
C36C4511 Directions to the Director General.
1
The Director General shall in exercising his functions under F5sections 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.
12 Regulations as to the promotion of lotteries.
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.
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
C114 Annual report.
1
As soon as possible after the end of every financial year, the Director General shall make a report on the exercise of his F177relevant functions during that year to the Secretary of State.
2
In subsection (1) “financial year” means—
F6a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7aa
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.
F1762A
In subsection (1) “relevant functions” means functions conferred or imposed under or by virtue of—
a
a provision of this Act other than section 10C,
b
Part 3 of the Horserace Betting and Olympic Lottery Act 2004, and
c
section 6(2) of the National Lottery Act 2006.
C23
The Secretary of State shall lay a copy of every report received by him under this section before Parliament.
F84
Where a report is made by the F178... 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.
15 Power of the Secretary of State to require information.
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
16 False representations as to the National Lottery.
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.
F15817 Extension of powers of Horserace Totalisator Board.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18 Control of betting on the National Lottery.
F1271
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1272
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1273
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1274
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
The M2Betting, 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.
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.
19 Restriction of enactments relating to the rehabilitation of offenders.
1
Neither section 4(1) of the M3Rehabilitation of Offenders Act 1974 nor Article 5(1) of the M4Rehabilitation 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.
20 Interpretation of Part I.
In this Part—
“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);
F128“lottery” has the same meaning as in the Gambling Act 2005;
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.
Part II DISTRIBUTION OF THE NET PROCEEDS OF THE NATIONAL LOTTERY
The distribution system
21 The National Lottery Distribution Fund.
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.
F642
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22 Apportionment of money in Distribution Fund.
1
Every sum that is paid into the Distribution Fund F65by virtue of section 5(6) or 10A 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
F16120 per cent. shall be allocated for expenditure on or connected with the arts,
b
F16220 per cent. shall be allocated for expenditure on or connected with sport,
c
C43F106d
F16040 per cent. shall be allocated for prescribed expenditure that is—
i
charitable, or
ii
connected with health, or
iii
connected with education, or
iv
connected with the environment.
F66e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F72(including, in each case, for establishing or contributing to endowments in connection with such expenditure).
C48F1073A
In subsection (3)(d) “prescribed expenditure” means expenditure of a description prescribed by order of the F150Minister for the Cabinet Office .
3B
A description of expenditure under subsection (3A) may, in particular, refer to expenditure in relation to—
a
England,
b
Wales,
c
Scotland,
d
Northern Ireland,
e
any of the Channel Islands, or
f
the Isle of Man;
and expenditure described by virtue of this subsection is referred to in this Act as “devolved expenditure”.
C483C
Before making an order under subsection (3A) the F151Minister for the Cabinet Office shall consult—
a
the Big Lottery Fund,
b
the National Assembly for Wales,
c
the Scottish Ministers,
d
the Northern Ireland Department of Culture, Arts and Leisure, and
e
such other persons (if any) as he thinks appropriate.
F1634
This section has effect subject to section 25 of the Horserace Betting and Olympic Lottery Act 2004.
23 The distributing bodies.
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—
F137b
as to 8.9 per cent., for distribution by Creative Scotland,
c
as to 5 per cent., for distribution by the Arts Council of Wales, F12. . .
d
F139f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C34C39C382
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—
b
as to F188.1 per cent., for distribution by the Scottish Sports Council,
c
as to F194.5 per cent., for distribution by the Sports Council for Wales, and
e
as to F7022.8” 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.
F1084
So much of any sum paid into the Distribution Fund as is allocated under section 22(3)(d) shall be held by the Distribution Fund for distribution by the Big Lottery Fund (established under section 36A).
24 Payments from Distribution Fund to distributing bodies.
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 F93or in an order under section 29A 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.
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).
F221A
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).
F232A
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.
F942C
In determining how to distribute money in accordance with subsection (1) a body may—
a
consult any person;
b
take account of opinions expressed to it or information submitted to it.
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
F735
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.
F1096
A reference in this section to meeting expenditure includes a reference to meeting expenditure which relates to—
a
the Isle of Man, or
b
any of the Channel Islands.
25AF25 Delegation by distributing bodies of their powers of distribution.
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.
C404
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.
C415
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.
C416
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).
C417
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.
C428
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.
C429
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.
C4210
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.
C4211
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.
F11012
A body established under the law of the Isle of Man may be the subject of an appointment under this section in connection with expenditure which relates to the Isle of Man.
13
A body established under the law of any of the Channel Islands may be the subject of an appointment under this section in connection with expenditure which relates to that Island.
25BF26Joint schemes for distribution of money by distributing bodies.
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.
F746
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).
C325CF27Strategic plans for distributing bodies.
C41
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—
C5a
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,
C6c
send a copy of the draft to the Secretary of State, and
C6d
after consultation with the Secretary of State, make such modifications to the draft as it considers necessary or expedient.
C66
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
C7b
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).
F2825D Strategic plans for distributing bodies in or as regards Scotland
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) F29 whose functions exclusively or mainly relate to the arts in Scotland; or
ii
any body specified in section 23(2) F30 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.
C4725EF79Distribution of funds: publicity
A body which distributes money under section 25(1) may make or participate in arrangements for—
a
publishing information relating to the effect of a provision of this Act,
b
publishing information relating to the distribution of money under this Act or the expenditure of money distributed under this Act, or
c
encouraging participation in activities relating to the distribution of money under this Act.
Control by the Secretary of State
I126 Directions to distributing bodies.
C8C91
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).
C102
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).
C113
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.
F31C123A
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.
C134
Directions under subsection (3) F32or (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.
F334A
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.
C14C95
The Secretary of State shall consult a body before giving any directions to it under this section.
F1126
This section does not apply to the Big Lottery Fund.
F3426A Directions to distributing bodies in or as regards Scotland
1
The functions of the Secretary of State–
a
i
any body specified in section 23(1) F37 whose functions exclusively or mainly relate to the am in Scotland; or
ii
any body specified in section 23(2) F38 whose functions exclusively or mainly relate to sport in Scotland; and
C15b
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–
C16a
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 F39 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.
C1727 Power to prohibit distribution in certain cases.
C181
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
b
“wholly-owned subsidiary” has the meaning given by F133section 1159 of that Act .
4
Where subsection (5) applies, the Secretary of State may give directions to a body—
a
prohibiting it from distributing money under section 25(1) to a person in Northern Ireland specified in the directions, or
b
requiring it to secure that any money distributed by it under section 25(1) to such a person is not applied for a purpose specified in the directions.
5
This subsection applies if at the time the directions are given the Secretary of State considers that—
a
a proscribed organisation for the purposes of the M6Northern 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.
C198
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.
F409
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.
C2028 Power to amend section 22.
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.
29 Power to amend section 23.
C211
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.
C223
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
C23b
have effect as if any of the bodies for the time being specified in it were omitted.
C244
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).
C255
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.
F416
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.
29AF80Reallocation of funds
1
This section applies where money is—
a
allocated for a purpose under section 22(3), and
b
held for distribution by a body under section 23.
2
The Secretary of State may by order provide for the money to be held for distribution by a different body specified in the order (without altering the purpose for which the money is allocated).
3
Before making an order under this section the Secretary of State shall consult—
a
each body mentioned in the order,
b
the National Assembly for Wales,
c
the Scottish Ministers,
d
the Northern Ireland Department of Culture, Arts and Leisure, and
e
such other persons (if any) as he thinks appropriate.
Winding up of fund allocated under section 22(3)(e)
F6730 Winding up of fund allocated under section 22(3)(e).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Distribution Fund: further provisions
C2631 Payments from Distribution Fund in respect of expenses.
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—
F42a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43aa
meeting payments made or to be made under paragraph 10 of F185Schedule 4 to the Gambling Act 2005, so far as those payments relate to expenses of the Gambling Commission incurred or to be incurred in exercising its relevant functions ,
b
defraying expenses incurred or to be incurred by the Secretary of State F155or the Minister for the Cabinet Office 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.
F443
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F454
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).
F1865
In subsection (2)(aa) “relevant functions” means functions conferred or imposed under or by virtue of—
a
a provision of this Act other than section 10C,
b
Part 3 of the Horserace Betting and Olympic Lottery Act 2004, and
c
section 6(2) of the National Lottery Act 2006.
32 Investment of Distribution Fund.
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 F123treated as if paid into the Fund by virtue of section 5(6).
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.
F1135
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C37C4633 Accounts of the Secretary of State and National Debt Commissioners.
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.
F464
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 M7National 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.
Reports and accounts of distributing bodies
C2734F98 Annual reports by distributing bodies ....
C491
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.
F952A
The report shall set out the body's policy and practice in relation to the principle that proceeds of the National Lottery should be used to fund projects, or aspects of projects, for which funds would be unlikely to be made available by—
a
a Government department,
b
the Scottish Ministers,
c
a Northern Ireland department, or
d
the National Assembly for Wales.
C28C493
The Secretary of State shall lay a copy of every report received by him under this section before Parliament.
F1144
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F475
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.
F486
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.
F1567
See the Transfer of Functions (Big Lottery Fund) Order 2011 for provision under which the functions of the Secretary of State under this section, so far as they relate to the Big Lottery Fund, are transferred to the Minister for the Cabinet Office.
35 Accounts of distributing bodies other than F99the Big Lottery Fund .
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.
C293
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.
C304
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.
C315
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 F115the Big Lottery Fund .
F498
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.
The Trustees of the National Heritage Memorial Fund
36 Amendment of the National Heritage Act 1980.
The M8National Heritage Act 1980 shall have effect with the amendments set out in Schedule 4.
F71The Big Lottery Fund
36AThe Fund
1
There shall be a body corporate known as the Big Lottery Fund.
2
Schedule 4A (which makes provision in relation to the Fund) shall have effect.
36BF97Power to distribute funds
1
The Big Lottery Fund may make grants or loans, or make or enter into other arrangements, for the purpose of complying with section 25(1).
2
A grant or loan may be subject to conditions (which may, in particular, include conditions as to repayment with interest).
C503
The F152Minister for the Cabinet Office may by order make provision limiting the amounts distributed under subsection (1).
4
An order under subsection (3) may in particular—
a
specify a maximum amount that may be distributed during a specified period for expenditure of a description prescribed under section 22(3A);
b
specify a minimum amount that must be distributed during a specified period for expenditure of a description prescribed under section 22(3A);
c
make provision by reference to the aggregate of amounts distributed, to a percentage of amounts available for distribution or otherwise;
d
make provision (which may, in particular, confer a power on the Fund) for the treatment of expenditure which satisfies more than one prescribed description.
C505
Before making an order under subsection (3) the F153Minister for the Cabinet Office shall consult—
a
the Fund,
b
the National Assembly for Wales,
c
the Scottish Ministers,
d
the Northern Ireland Department of Culture, Arts and Leisure, and
e
such other persons (if any) as he thinks appropriate.
36CNon-lottery funds
1
The Fund may enter into an arrangement with a person under which—
a
the person pays money to the Fund, and
b
the Fund distributes the money to a third party.
2
An arrangement under subsection (1) may, in particular—
a
identify the third party, or
b
otherwise limit the Fund's freedom of action in relation to the distribution of the money paid under the arrangement.
3
The Fund shall distribute money received under subsection (1) for meeting expenditure that is—
a
charitable,
b
connected with health,
c
connected with education, or
d
connected with the environment.
4
The reference in subsection (3) to the distribution of money received under subsection (1) is a reference to doing anything of a kind that the Fund can do under section 36B.
5
A reference in this Act to payment under section 25(1) shall include a reference to payment under subsection (3) above.
36DPower to give advice
The Big Lottery Fund may give advice about—
a
the distribution of money under any provision of this Act;
b
inviting, making or considering applications for grants and loans under any provision of this Act;
c
the use of money paid under any provision of this Act.
C5136EDirections
1
In exercising any of its functions the Big Lottery Fund shall comply with any direction given to it F141by–
a
the Secretary of State in relation to a direction given by virtue of subsection (3), or
b
(subject to subsection (4)) the Minister for the Cabinet Office in relation to any other direction.
F1422
A direction under subsection (1)(b) may, in particular—
a
specify matters to be taken into account in determining the persons to whom, the purposes for which and the conditions subject to which the Fund distributes money;
b
relate to the employment of staff;
c
in so far as it relates to the employment of staff—
i
relate to the persons to whom or the terms on which the Fund delegates functions;
ii
require the Fund to obtain the Minister for the Cabinet Office’s consent before taking action of a specified kind;
iii
require the Fund to provide information to that Minister.
3
A direction under F143subsection (1)(a) may —
a
relate to the management and control of money received by the Fund;
F144b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
with the consent of the Treasury, relate to—
i
the form of accounts, or
ii
methods and principles for the preparation of accounts;
d
in so far as it relates to a matter specified in F145paragraph (a) or (c) —
i
relate to the persons to whom or the terms on which the Fund delegates functions;
ii
require the Fund to obtain the Secretary of State's consent before taking action of a specified kind;
iii
require the Fund to provide information to the Secretary of State.
4
A direction under F146subsection (1)(b), other than a direction given by virtue only of subsection (2)(b) or (c), may not be given by the Minister for the Cabinet Office in relation to Welsh, Scottish or Northern Ireland devolved expenditure, but—
a
may be given by the National Assembly for Wales in relation to Welsh devolved expenditure,
b
may be given by the Scottish Ministers in relation to Scottish devolved expenditure, and
c
may be given by the Northern Ireland Department of Culture, Arts and Leisure in relation to Northern Ireland devolved expenditure.
5
Before giving a direction under F147subsection (1)(b), other than by virtue only of subsection (2)(b) or (c), the Minister for the Cabinet Office shall consult—
a
the Fund,
b
the National Assembly for Wales,
c
the Scottish Ministers, and
d
the Northern Ireland Department of Culture, Arts and Leisure.
6
But subsection (5)(b) to (d) shall not apply to a direction which relates only to English devolved expenditure.
7
Before giving a direction to the Fund F148under subsection (1)(a), or under subsection (1)(b) by virtue only of subsection (2)(b) or (c), the Secretary of State or, as the case may be, the Minister for the Cabinet Office shall consult the Fund.
8
Before giving a direction to the Fund by virtue of subsection (4)(a) to (c) the person giving the direction shall—
a
consult the Fund, and
b
obtain the consent of the F149Minister for the Cabinet Office .
9
A report of the Fund under section 34 shall set out any directions given to the Fund under subsection (1) that had effect during the financial year to which the report relates.
The National Lottery Charities Board
F10037 The National Lottery Charities Board.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10038 Grants to charities etc.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10039 Accounts.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Millennium Commission
F10140 The Millennium Commission.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10141 Grants in respect of projects.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10142 Annual report.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10143 Accounts.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F50 The New Opportunities Fund
Crossheading and ss. 43A-43D inserted (2.7.1998) by 1998 c. 22, ss. 7(2), 27(4)
F10243A The New Opportunities Fund.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10243B Functions of the New Opportunities Fund.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10243C Provisions supplemental to section 43B.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10243CC Directions to New Opportunities Fund in or as regards Scotland
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10243D Accounts.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supplementary
44 Interpretation of Part II.
1
In this Part—
F117“charitable”, in relation to expenditure, means expenditure for a charitable, benevolent or philanthropic purpose.
F116...
“the Distribution Fund” means the National Lottery Distribution Fund;
F51“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” F52means 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.
- a
F53“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 F543A or 4of 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.
F553
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.
F564
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) F118...; and related expressions used in this Part shall be construed accordingly.
Part III MISCELLANEOUS AMENDMENTS RELATING TO LOTTERIES
Preliminary
F12945 Interpretation of Part III.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Importation and exportation restrictions
46 Importation and exportation restrictions.
1
In section 1 of the M9Revenue 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.
F1303
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In Article 132(1) of the M10Betting, 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
”
.
Private lotteries
F12547 Private lotteries.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Societies’ lotteries and local lotteries
F12548 Registration of societies.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12549 Registration of lottery schemes.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12550 Lottery managers.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12551 Frequency of lotteries.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12552 Rules for lotteries.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12553 Offences.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12554 Powers of the Secretary of State to vary monetary limits and to prescribe or vary fees.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12555 Interpretation of the 1976 Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part IV POOL BETTING
F12556 Removal of prohibition on the use of premises for the delivery of football pools coupons and stakes.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12557 Reduction of age limit in relation to football pool betting.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12558 Roll-over of prize money.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12559 Pool promoters’ dividends.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part V SUPPLEMENTARY
60 Orders and regulations.
1
Any power to make an order or regulations under this Act shall be exercisable by statutory instrument.
C322
An order shall not be made under
F119a
section 22(3A), 28 or 36B(3),
F96aa
section 29A,
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.
F572A
Subsection (2) does not apply to an order which contains only provision revoking an order under F120section 22(3A) or 36B(3).
3
A statutory instrument containing any order or regulations under this Act, other than
F58a
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.
F593A
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.
P15
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.
F60C336
Any reference in this section to an order is a reference to an order of the Secretary of State.F157or the Minister for the Cabinet Office
61 Directions.
Any directions under this Act shall be given in writing and may be varied or revoked by subsequent directions.
62 Expenses.
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.
63Northern Ireland
1
This Act extends to Northern Ireland (except so far as it amends enactments that do not extend there).
F612
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I264 Repeals.
The enactments mentioned in Schedule 10 are repealed to the extent specified in the third column of that Schedule.
P265 Commencement.
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.
66 Short title.
This Act may be cited as the National Lottery etc. Act 1993.
S. 39A and cross-heading inserted (1.8.2006) by National Lottery Act 2006 (c. 23), ss. 14(1), 22(1); S.I. 2006/2177, art. 2