Horserace Betting and Olympic Lottery Act 2004

Miscellaneous

33 Interpretation

(1) In this Part—

(a) a reference to the 2012 Olympic Games is a reference to—

(i) the Games of the Olympiad that are to take place in the year 2012, and

(ii) except where the context otherwise requires, the Paralympic Games that are to take place in that year,

(b) “the National Olympic Committee” means the National Olympic Committee of the United Kingdom,

(c) “the Organising Committee” means the Organising Committee established by the National Olympic Committee,

(d) “the Paralympic Games” means the events known by that name and in connection with which the Organising Committee has functions by virtue of an agreement between that committee and the International Olympic Committee,

(e) “the Olympic Charter” means the Olympic Charter of the International Olympic Committee, and

(f) any expression used in connection with the Olympic Games (including an expression mentioned in this section) shall have the meaning which it has in or in accordance with the Olympic Charter of the International Olympic Committee (as it has effect from time to time).

(2) A reference in this Part to the making of a loan includes a reference to the provision of any other kind of financial assistance.

34 Consequential amendments, &c.

(1) The National Lottery etc. Act 1993 (c. 39) shall have effect subject to this section.

(2) In section 4 (overriding duties)—

(a) a reference to functions under Part I of that Act shall be treated as including a reference to functions under this Part of this Act, and

(b) the definition in subsection (3) of “the net proceeds of the National Lottery” shall be treated as including a reference to sums paid into the Olympic Lottery Distribution Fund by virtue of section 24 of this Act.

(3) For section 5(6) (payments by licensee) substitute—

“(6) 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).”

(4) In the case of a licence granted under section 5 before the coming into force of subsection (3) above, the condition included in accordance with section 5(6) shall, after that time, be construed as if any sum required to be paid by that condition were required to be paid into the National Lottery Distribution Fund (subject to section 24 of this Act).

(5) For section 9(3) (enforcement of conditions) substitute—

“(3) 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.”

(6) For section 10A(14) (breach of licence condition: financial penalty: recovery) substitute—

“(14) 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.”

(7) In section 11 (directions by Secretary of State to National Lottery Commission) the reference to the functions of the Commission under sections 5 to 10A of that Act shall be treated as including a reference to the functions of the Commission under or in accordance with this Part.

(8) In section 21 (National Lottery Distribution Fund) subsection (2) (payments in by Secretary of State) shall cease to have effect.

(9) In section 22 (apportionment of National Lottery Distribution Fund: saving)—

(a) in subsection (1) for “under section 21(2)” substitute “by virtue of section 5(6) or 10A”,

(b) omit subsection (3)(e), and

(c) at the end of subsection (4) add “and to section 25 of the Horserace Betting and Olympic Lottery Act 2004.”

(10) Section 30 (winding up of millennium fund) shall cease to have effect.

(11) Section 33 (accounts) shall apply in relation to the Olympic Lottery Distribution Fund as it applies in relation to the National Lottery Distribution Fund—

(a) taking the reference to section 32 of that Act as a reference to section 27 of this Act, and

(b) with any other necessary modifications.

35 Changes in Olympic procedure

(1) The Secretary of State may by order make such provision as he thinks necessary or expedient in consequence of a change effected after the passing of this Act in the arrangements made by the International Olympic Committee in relation to the Games of the Olympiad.

(2) An order under subsection (1) may, in particular, amend a provision of—

(a) this Part, or

(b) any other enactment.

36 Regulations and orders

(1) Regulations or an order under this Part shall be made by statutory instrument.

(2) Regulations or an order under this Part—

(a) may make provision generally or only in relation to specified cases or circumstances,

(b) may make different provision for different circumstances, and

(c) may include incidental, consequential or transitional provision.

(3) An order under section 22(2) or (3) shall be laid before Parliament.

(4) An order under section 25, 28 or 35 shall not be made unless a draft has been laid before, and approved by resolution of, each House of Parliament.

(5) Any other order under this Part, and regulations under this Part, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

37 Extent

This Part extends to—

(a) England and Wales,

(b) Scotland, and

(c) Northern Ireland.