http://www.legislation.gov.uk/id/ukpga/1993/39/schedule/4A

SCHEDULES

C6 C7F1SCHEDULE 4ATHE BIG LOTTERY FUND

Annotations:

Amendments (Textual)

Sch. 4A inserted (1.8.2006) by National Lottery Act 2006 (c. 23), s. 22(1), Sch. 2; S.I. 2006/2177, art. 2

Modifications etc. (not altering text)

Sch. 4A: transfer of functions (13.4.2011) by The Transfer of Functions (Big Lottery Fund) Order 2011 (S.I. 2011/739), arts. 1(2), 2(1)(e) (with art. 3)

Sch. 4A functions transferred (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), arts. 1(2), 10(2)(c) (with arts. 10(3), 11, 12)

Part 1Constitution

Membership

1

The Big Lottery Fund shall consist of F2between 9 and 12 members appointed by the F4Secretary of State .

2

The F4Secretary of State shall appoint one of the members as Chairman.

3

The F4Secretary of State shall ensure that at any time—

a

one of the members is appointed to represent the interests of England,

b

one of the members is appointed to represent the interests of Wales,

c

one of the members is appointed to represent the interests of Scotland, and

d

one of the members is appointed to represent the interests of Northern Ireland.

4

In complying with paragraphs (a) to (d) of sub-paragraph (3) the F4Secretary of State —

a

may not appoint a member for the purpose of satisfying more than one of those paragraphs,

b

may appoint the Chairman for the purpose of satisfying one of those paragraphs,

c

shall obtain the agreement of the National Assembly for Wales before appointing a person to satisfy paragraph (b),

d

shall obtain the agreement of the Scottish Ministers before appointing a person to satisfy paragraph (c), and

e

shall obtain the agreement of the Northern Ireland Department of Culture, Arts and Leisure before appointing a person to satisfy paragraph (d).

5

The F4Secretary of State may by order vary the number specified in sub-paragraph (1).

6

Before making an order under sub-paragraph (5) the F4Secretary of State shall consult—

a

the National Assembly for Wales,

b

the Scottish Ministers, and

c

the Northern Ireland Department of Culture, Arts and Leisure.

Tenure

2

A person shall hold and vacate office as Chairman or other member of the Fund in accordance with the terms of his appointment (subject to this Schedule).

3

The Chairman or another member may resign his office by notice in writing to the F4Secretary of State .

4

1

The Chairman or another member may be removed from office by the F4Secretary of State on the grounds that—

a

a bankruptcy order has been made against him F3or a debt relief order has been made in respect of him (under Part 7A of the Insolvency Act 1986), , his estate has been sequestrated or he has made a composition or arrangement with, or granted a trust deed for, his creditors, or

b

he is, in the opinion of the F4Secretary of State , unable, unfit or unwilling to discharge the functions of his office.

2

Before exercising the power under sub-paragraph (1) in respect of a person appointed for the purpose of satisfying paragraph 1(3)(b), (c) or (d) the F4Secretary of State shall consult—

a

the National Assembly for Wales, in the case of a person appointed for the purpose of satisfying paragraph 1(3)(b),

b

the Scottish Ministers, in the case of a person appointed for the purpose of satisfying paragraph 1(3)(c), and

c

the Northern Ireland Department of Culture, Arts and Leisure, in the case of a person appointed for the purpose of satisfying paragraph 1(3)(d).

5

A person who ceases, otherwise than by virtue of paragraph 4, to be Chairman or another member may be re-appointed.

Staff

C16

The Fund may appoint staff (subject to any directions under F5section 36E(3)(ab) ).

Committees

7

1

The Fund shall establish—

C2a

a committee, chaired by the member appointed under paragraph 1(3)(a), for the purpose of exercising the Fund's functions in relation to English devolved expenditure,

C3b

a committee, chaired by the member appointed under paragraph 1(3)(b), for the purpose of exercising the Fund's functions in relation to Welsh devolved expenditure,

C4c

a committee, chaired by the member appointed under paragraph 1(3)(c), for the purpose of exercising the Fund's functions in relation to Scottish devolved expenditure, and

C5d

a committee, chaired by the member appointed under paragraph 1(3)(d), for the purpose of exercising the Fund's functions in relation to Northern Ireland devolved expenditure.

2

Before appointing the members of a committee established under sub-paragraph (1) the Fund shall obtain the consent of—

a

in the case of the committee concerned with England, the F4Secretary of State ;

b

in the case of the committee concerned with Wales, the National Assembly for Wales;

c

in the case of the committee concerned with Scotland, the Scottish Ministers;

d

in the case of the committee concerned with Northern Ireland, the Northern Ireland Department of Culture, Arts and Leisure.

3

A committee established under sub-paragraph (1) shall carry on its activities under such name as the committee may determine with the consent of the F4Secretary of State and—

a

in the case of the committee concerned with Wales, with the consent of the National Assembly for Wales;

b

in the case of the committee concerned with Scotland, with the consent of the Scottish Ministers;

c

in the case of the committee concerned with Northern Ireland, with the consent of the Northern Ireland Department of Culture, Arts and Leisure.

8

Nothing in paragraph 7 or section 25A(6) shall prevent the Fund from—

a

establishing a committee otherwise than in accordance with that paragraph or section, or

b

authorising a committee (whether or not established in accordance with that paragraph or section) to exercise a function of the Fund.

9

Section 25A(7) shall apply in relation to any committee of the Fund as it applies in relation to a committee established under section 25A(6).

Status

10

The Fund shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

Supervision

11

In Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13) (departments, &c. subject to investigation) insert at the appropriate place— “ The Big Lottery Fund. ”

Disqualification

12

In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (other disqualifying offices) insert at the appropriate place— “ Chairman, or member in receipt of remuneration, of the Big Lottery Fund. ”

13

In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (other disqualifying offices) insert at the appropriate place— “ Chairman, or member in receipt of remuneration, of the Big Lottery Fund. ”