National Lottery etc. Act 1993

Section 36.

SCHEDULE 4 Amendment of the National Heritage Act 1980 (c. 17)

1 In section 1(2) (constitution of the Trustees of the National Heritage Memorial Fund) for “ten” there shall be substituted “fourteen”.

2 In section 2 (payments into the National Heritage Memorial Fund) after subsection (1) there shall be inserted—

“(1A) The Trustees shall pay into the Fund any sums paid to them under section 24 of the National Lottery etc. Act 1993.”

3 (1) Section 3 (grants and loans from the National Heritage Memorial Fund) shall be amended as follows.

(2) In subsection (2) for “this section” there shall be substituted “subsection (1) above”.

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

“(2A) Notwithstanding that an object such as is mentioned in subsection (1)(b) above or a collection or group of objects such as is mentioned in subsection (1)(c) above is not itself of importance to the national heritage, the Trustees may make a grant or loan under subsection (1) above for the purpose of assisting in its acquisition if—

(a) they are satisfied that after its acquisition it will form part of a collection or group of objects such as is mentioned in subsection (1)(c) above, and

(b) after obtaining such expert advice as appears to them to be appropriate, they are of opinion that that collection or group is of importance to the national heritage.

(2B) Subject to the provisions of this section, the Trustees may make grants out of the Fund to eligible recipients for the purpose of assisting them—

(a) to construct, acquire or improve any building designed to house objects which, either individually or as a collection or group, in the opinion of the Trustees are of outstanding historic, artistic or scientific interest;

(b) to convert any building, or to acquire any building for the purpose of converting it, into a building of the description mentioned in paragraph (a) above;

(c) to acquire any land on which a building of the description mentioned in paragraph (a) above is to be constructed;

(d) to construct, acquire or improve any building the only or principal purpose of which is, or is to be, to provide facilities—

(i) designed to promote the public’s enjoyment, or advance the public’s knowledge, of any property of a description mentioned in subsection (1)(a), (b) or (c) above; and

(ii) provided in connection with public access to, or the public display of, that property;

(e) to convert any building, or to acquire any building for the purpose of converting it, into a building of the description mentioned in paragraph (d) above;

(f) to acquire any land on which a building of the description mentioned in paragraph (d) above is to be constructed;

(g) to preserve or maintain any building or land in respect of which a grant has been or is to be made under any of paragraphs (a) to (f) above.

(2C) The Trustees shall not make a grant under subsection (2B) above unless, after obtaining such expert advice as appears to them to be appropriate, they are of opinion—

(a) in the case of a grant under paragraph (a), (b) or (c) of that subsection or a grant under paragraph (g) of that subsection where a grant under paragraph (a), (b) or (c) has been or is to be made, that the objects housed or to be housed in the building are, either individually or as a collection or group, of importance to the national heritage; or

(b) in the case of a grant under paragraph (d), (e) or (f) of that subsection or a grant under paragraph (g) of that subsection where a grant under paragraph (d), (e) or (f) has been or is to be made, that the property in relation to which the facilities in question are or are to be provided is of importance to the national heritage.”

(4) At the end of subsection (3) there shall be added “(or, in the case of a grant such as is mentioned in subsection (2C)(a) above, objects housed on the property or, in the case of a grant such as is mentioned in subsection (2C)(b) above, the property in relation to which the facilities in question are provided)”.

(5) At the end of subsection (4)(a)(i) there shall be inserted “(or, in the case of a grant such as is mentioned in subsection (2C)(a) above, objects housed on the property or, in the case of a grant such as is mentioned in subsection (2C)(b) above, the property in relation to which the facilities in question are provided)”.

(6) In subsection (6)(d) (the Secretary of State acting in the discharge of certain functions is an “eligible recipient”) the words from “acting” to “1979” shall be omitted.

(7) After subsection (6) there shall be inserted—

“(6A) Where the Secretary of State receives a sum by way of a grant or loan under this section he may, with the consent of the Treasury, instead of paying it into the Consolidated Fund, apply it as money provided by Parliament.”

4 In section 4(2) (application of section 3(2) and (3) in relation to other expenditure out of National Heritage Memorial Fund) after “(2)” there shall be inserted “, (2A)”.

5 In section 6(2) (investment of sums paid into the National Heritage Memorial Fund under section 2(1)) after “section 2(1)” there shall be inserted “or (1A)”.

6 In section 17 (expenses and receipts) after “and” there shall be inserted “subject to section 3(6A) above”.

7 In paragraph 5(1) of Schedule 1 (expenses of Trustees to be defrayed out of the National Heritage Memorial Fund) for “under this Act shall” there shall be substituted “may”.