National Lottery etc. Act 1993

[F1 36E Directions U.K.

(1) In exercising any of its functions the Big Lottery Fund shall comply with any direction given to it [F2 by–

(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.]

[F3 (2) 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 [F4 subsection (1)(a) may] —

(a) relate to the management and control of money received by the Fund;

F5 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F6 paragraph (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 [F7 subsection (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 [F8 subsection (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 [F9 under 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 [F10 Minister 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.]

Textual Amendments

F1 Ss. 36B-36E inserted (1.12.2006) by National Lottery Act 2006 (c. 23), ss. 15(2), 22(1); S.I. 2006/3201, art. 2(c)

F2 Words in s. 36E(1) substituted (13.4.2011) by The Transfer of Functions (Big Lottery Fund) Order 2011 (S.I. 2011/739), art. 1(2), Sch. para. 7(2) (with art. 3)

F3 S. 36E(2) substituted (13.4.2011) by The Transfer of Functions (Big Lottery Fund) Order 2011 (S.I. 2011/739), art. 1(2), Sch. para. 7(3) (with art. 3)

F4 Words in s. 36E(3) substituted (13.4.2011) by The Transfer of Functions (Big Lottery Fund) Order 2011 (S.I. 2011/739), art. 1(2), Sch. para. 7(4)(a) (with art. 3)

F5 S. 36E(3)(b) omitted (13.4.2011) by virtue of The Transfer of Functions (Big Lottery Fund) Order 2011 (S.I. 2011/739), art. 1(2), Sch. para. 7(4)(b) (with art. 3)

F6 Words in s. 36E(3)(d) substituted (13.4.2011) by The Transfer of Functions (Big Lottery Fund) Order 2011 (S.I. 2011/739), art. 1(2), Sch. para. 7(4)(c) (with art. 3)

F7 Words in s. 36E(4) substituted (13.4.2011) by The Transfer of Functions (Big Lottery Fund) Order 2011 (S.I. 2011/739), art. 1(2), Sch. para. 7(5) (with art. 3)

F8 Words in s. 36E(5) substituted (13.4.2011) by The Transfer of Functions (Big Lottery Fund) Order 2011 (S.I. 2011/739), art. 1(2), Sch. para. 7(6) (with art. 3)

F9 Words in s. 36E(7) substituted (13.4.2011) by The Transfer of Functions (Big Lottery Fund) Order 2011 (S.I. 2011/739), art. 1(2), Sch. para. 7(7) (with art. 3)

F10 Words in s. 36E(8)(b) substituted (13.4.2011) by The Transfer of Functions (Big Lottery Fund) Order 2011 (S.I. 2011/739), art. 1(2), Sch. para. 7(8) (with art. 3)

Modifications etc. (not altering text)

C1 S. 36E: transfer of functions in part (13.4.2011) by The Transfer of Functions (Big Lottery Fund) Order 2011 (S.I. 2011/739), arts. 1(2), 2(1)(d), (2) (with art. 3)