2013 No. 2329
Public Bodies

The Public Bodies (Merger of the Gambling Commission and the National Lottery Commission) Order 2013

Made
Coming into force in accordance with article 1
The Secretary of State makes the following Order in exercise of the powers conferred by sections 2(1), 6(1), (2) and (5), 23(1)(a), 24(1) and 35(2) of the Public Bodies Act 20111 (“the Act”).

In accordance with section 8 of the Act, the Secretary of State—

(a)

having had regard to the factors set out in section 8(1) of the Act, considers that this Order serves the purpose of improving the exercise of public functions; and

(b)

considers that this Order does not remove any necessary protection or prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise.

The Secretary of State has consulted in accordance with section 10 of the Act.

The Treasury has consented to the making of this Order, to the extent that its consent is required by section 6(4) of the Act.

The Secretary of State has consulted the Welsh Ministers in accordance with section 63(1) of the Government of Wales Act 20062.

A draft of this Order and an explanatory document containing the information required by section 11(2) of the Act have been laid before Parliament in accordance with section 11(1) after the end of the period of twelve weeks mentioned in section 11(3). In accordance with section 11(4) of the Act, the draft of this Order has been approved by a resolution of each House of Parliament after the expiry of the 40-day period referred to in that provision.

Citation and commencement1.

(1)

This Order may be cited as the Public Bodies (Merger of the Gambling Commission and the National Lottery Commission) Order 2013.

(2)

This Order comes into force on 1st October 2013, except for article 9 (repeal in relation to the Public Bodies Act 2011) which comes into force on 2nd October 2013.

Interpretation2.

(1)

In this Order—

(a)

“the 1993 Act” means the National Lottery etc. Act 19933;

(b)

“the 2011 Act” means the Public Bodies Act 20114; and

(c)

“the merger date” means 1st October 2013.

(2)

Articles 5 and 8 (in so far as it applies to property, rights and liabilities transferred under article 5) constitute a transfer scheme under section 23(1) of the 2011 Act.

Abolition of the National Lottery Commission3.

The National Lottery Commission5 is abolished.

Transfer of statutory functions4.

(1)

The functions of the National Lottery Commission are transferred to the Gambling Commission6.

(2)

The Schedule, which makes consequential, supplementary and incidental provision in relation to the transfers described in paragraph (1), has effect.

Transfer of property5.

(1)

All the property, rights and liabilities to which the National Lottery Commission is entitled or subject immediately before the merger date become on that date the property, rights and liabilities of the Gambling Commission.

(2)

Paragraph (1) has effect in relation to property, rights and liabilities—

(a)

whether or not they would otherwise be capable of being transferred;

(b)

without any instrument or other formality being required; and

(c)

despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict the transfer of the property, rights or liabilities.

Annual report6.

(1)

The Gambling Commission must make a report to the Secretary of State and the Scottish Ministers on the exercise by the National Lottery Commission of its functions during the financial year beginning on 1st April 2013 and ending immediately before the merger date.

(2)

The Gambling Commission must make the report described in paragraph (1) on the same day that it makes a report under section 14(1) of the 1993 Act (annual report)7 on its exercise of the relevant functions during the financial year ending on 31st March 2014.

(3)

The Secretary of State must lay a copy of the report made under paragraph (1) before Parliament.

(4)

The Scottish Ministers must lay a copy of the report made under paragraph (1) before the Scottish Parliament.

Annual accounts7.

(1)

The Gambling Commission must prepare a statement of accounts of the National Lottery Commission in respect of any financial year (or part of any financial year) for which no statement of accounts was prepared and sent under paragraph 11(3) of Schedule 2A to the 1993 Act8 to the Secretary of State and the Comptroller and Auditor General prior to the merger date.

(2)

A statement of accounts prepared by the Gambling Commission under paragraph (1) must 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.

(3)

Copies of a statement of accounts must be sent to the Secretary of State and the Comptroller and Auditor General within such period after the merger date as the Secretary of State may direct.

(4)

The Comptroller and Auditor General must examine, certify and report on a statement of accounts, and must lay copies of each such statement and report before Parliament.

(5)

The Secretary of State must not give a direction under paragraph (2) or (3) without the approval of the Treasury.

Supplementary provisions8.

(1)

Nothing in this Order affects the validity of anything done by or in relation to the National Lottery Commission before the merger date.

(2)

Anything (including any legal proceedings) which immediately before the merger date is in the process of being done by or in relation to the National Lottery Commission may be continued on and after the merger date by or in relation to the Gambling Commission.

(3)

Anything done by or in relation to the National Lottery Commission which has effect immediately before the merger date has effect, so far as is necessary for continuing its effect on or after the merger date, as if done by or in relation to the Gambling Commission.

(4)

So far as necessary or appropriate for the purposes of or in consequence of article 4 or 5, on and after the merger date a reference to (and a reference which is to be read as a reference to) the National Lottery Commission in an enactment, instrument or other document is to be treated as, or as including, a reference to the Gambling Commission.

Repeal in relation to the Public Bodies Act 20119.

In Schedule 2 to the 2011 Act, the entry for Group 2, including the associated references to the Gambling Commission and the National Lottery Commission, is omitted.

Hugh Robertson
Minister of State
Department for Culture, Media and Sport

We consent.

Mark Lancaster
Anne Milton
Two of the Lords Commissioners of Her Majesty’s Treasury

SCHEDULETransfer of functions

Article 4

Amendments to the National Lottery etc. Act 1993

1.

The 1993 Act is amended as follows.

2.

In section 3A (the National Lottery Commission)9—

(a)

in the heading, for “National Lottery” substitute “Gambling”;

(b)

omit subsection (1); and

(c)

in subsection (2), before “Commission” insert “Gambling”.

3.

Section 4A (consultation with Gambling Commission)10 is repealed.

4.

In section 4B (disclosure of information)11—

(a)

in subsections (1) and (2), for “National Lottery” substitute “Gambling”;

(b)

in subsection (1), after “Commission” insert “for use in the exercise of its national lottery functions”;

(c)

in subsection (2), after “information”, insert “received by it in the exercise of its national lottery functions”; and

(d)

after subsection (5), insert—

“(6)

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.”.

5.

In subsection (1)(a) and (b) of section 4C (wrongful disclosure)12, for “National Lottery” substitute “Gambling”.

6.

In section 10C (annual levy)13—

(a)

in subsections (1) and (5), for “Gambling Commission” substitute “Commission”;

(b)

in subsection (7)—

(i)

in paragraph (a), for “Gambling Commission” substitute “Commission”; and

(ii)

in paragraph (b), omit “National Lottery”; and

(c)

omit subsection (8).

7.

In section 14 (annual report)14—

(a)

in subsection (1), before “functions” insert “relevant”;

(b)

after subsection (2), insert—

“(2A)

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.”; and

(c)

in subsection (4), omit “National Lottery”.

8.

In section 20 (interpretation of Part 1), in the definition of “the Commission”15, for “National Lottery” substitute “Gambling”.

9.

In section 31 (payments from Distribution Fund in respect of expenses)16—

(a)

in subsection (2)(aa), for “Schedule 2A” substitute “Schedule 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”; and

(b)

after subsection (4), insert—

“(5)

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.”.

10.

In Schedule 2A (the National Lottery Commission)17—

(a)

in the heading, for “National Lottery” substitute “Gambling”; and

(b)

omit paragraphs 1 to 8 and 10 to 14.

Amendments to the Gambling Act 2005

11.

The Gambling Act 200518 is amended as follows.

12.

In section 30 (other exchange of information), insert—

“(9)

Nothing in this section authorises—

(a)

the Commission to provide to the Commissioners for Her Majesty’s Revenue and Customs information received by it in the exercise of its national lottery functions, or

(b)

the Commissioners for Her Majesty’s Revenue and Customs to provide information to the Commission for use in the exercise of its national lottery functions;

and for these purposes “national lottery functions” has the meaning given by section 4B(6) of the National Lottery etc. Act 1993 (disclosure of information between the Commission and the Commissioners for Her Majesty’s Revenue and Customs).”.

13.

Section 31 (consultation with the National Lottery Commission) is repealed.

14.

Omit paragraph 2 of Schedule 3 (amendment of National Lottery etc. Act 1993).

15.

For paragraph 8(1)(b) of Schedule 4 (the Gambling Commission) substitute—

“(b)

a committee of the Commission consisting of—

(i)

commissioners, or

(ii)

one or more commissioners and one or more employees of the Commission, or”.

16.

In Part 1 of Schedule 6 (exchange of information: persons and bodies), omit the entry relating to the National Lottery Commission.

Amendments to other enactments

17.

In Schedule 1 (definition of public records) to the Public Records Act 195819, in Part 2 of the table at the end of paragraph 3—

(a)

insert the following entry at the appropriate place—

“Gambling Commission.”; and

(b)

omit the entry relating to the National Lottery Commission.

18.

In Schedule 2 (departments etc. subject to investigation) to the Parliamentary Commissioner Act 196720, omit the entry relating to the National Lottery Commission.

19.

In Schedule 1 (kinds of employment, etc., referred to in section 1) to the Superannuation Act 197221, omit the entry relating to the National Lottery Commission.

20.

In Part 2 of Schedule 1 (offices disqualifying for membership) to the House of Commons Disqualification Act 197522, omit the entry relating to the National Lottery Commission.

21.

In Part 2 of Schedule 1 (offices disqualifying for membership) to the Northern Ireland Assembly Disqualification Act 197523—

(a)

insert the following entry at the appropriate place—

“The Gambling Commission.”; and

(b)

omit the entry relating to the National Lottery Commission.

22.

In Schedule 15D (disclosures) to the Companies Act 198524—

(a)

for paragraph 23 substitute—

“23.

A disclosure for the purpose of enabling or assisting the Gambling Commission to exercise its functions under any of the following—

(a)

the Gambling Act 2005;

(b)

sections 5 to 10 and 15 of the National Lottery etc. Act 1993.”;

(b)

in paragraph 24, for “National Lottery Commission”, in both places, substitute “Gambling Commission”; and

(c)

omit paragraph 50.

23.

In the table in subsection (4) of section 87 (exceptions from restrictions on disclosure of information) of the Companies Act 198925—

(a)

omit the entry relating to the National Lottery Commission26; and

(b)

for the words in the second column of the entry relating to the Gambling Commission, substitute—

“Functions under—

(a)

the Gambling Act 2005,

(b)

sections 5 to 10 and 15 of the National Lottery etc. Act 1993.”

24.

In Part 1 of Schedule 1 (tribunals under general supervision of Council) to the Tribunals and Inquiries Act 199227, in the second column (tribunal and statutory authority) of the entry relating to the National Lottery—

(a)

for “National Lottery Commission” substitute “Gambling Commission”;

(b)

for “their” substitute “its”;

(c)

for “member” substitute “commissioner”; and

(d)

for “Schedule 2A to that Act” substitute “Schedule 4 to the Gambling Act 2005”.

25.

In Schedule 1 (replacement of Director General by Commission: supplementary provisions) to the National Lottery Act 199828, omit paragraphs 8 to 11.

26.

In Part 6 of Schedule 1 (public authorities) to the Freedom of Information Act 200029, omit the entry relating to the National Lottery Commission.

27.

In the Horserace Betting and Olympic Lottery Act 200430—

(a)

in subsection (2)(b) of section 21 (licensing of Olympic Lotteries), for “National Lottery” substitute “Gambling”;

(b)

in subsection (5)(b) of section 22 (timing), for “National Lottery” substitute “Gambling”;

(c)

in section 26 (payments out of Fund)—

(i)

in subsection (2)(f), for “Schedule 2A to the National Lottery etc. Act 1993 (expenses of National Lottery Commission)” substitute “Schedule 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”; and

(ii)

after subsection (6), insert—

“(7)

In subsection (2)(f) “relevant functions” means functions conferred or imposed under or by virtue of—

(a)

a provision of the National Lottery etc. Act 1993 other than section 10C,

(b)

this Part, and

(c)

section 6(2) of the National Lottery Act 2006.”; and

(d)

in subsection (4)(b)(i) of section 31 (distribution policy), for “National Lottery” substitute “Gambling”.

28.

In subsection (2) of section 6 (licensing structure) of the National Lottery Act 200631, for “National Lottery” substitute “Gambling”.

29.

In the Companies Act 200632—

(a)

in Part 2 of Schedule 2 (specified persons, descriptions of disclosures etc. for the purposes of section 948)—

(i)

in paragraph A31, for “National Lottery Commission” substitute “Gambling Commission”; and

(ii)

in paragraph A32, for “National Lottery Commission”, in both places, substitute “Gambling Commission”; and

(b)

in Part 2 of Schedule 11A (specified persons, descriptions, disclosures etc. for the purposes of section 1224A)—

(i)

in paragraph 46, for “National Lottery Commission” substitute “Gambling Commission”; and

(ii)

in paragraph 47, for “National Lottery Commission”, in both places, substitute “Gambling Commission”.

Amendments to subordinate legislation

30.

In article 3(1)(h) of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 197533, for “National Lottery Commission” substitute “Gambling Commission”.

31.

In the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 197934—

(a)

in article 2(f), for “National Lottery Commission” substitute “Gambling Commission”; and

(b)

in paragraphs 18(a) and (b) of Schedule 3 (excepted proceedings), for “National Lottery Commission” substitute “Gambling Commission”.

32.

In the Financial Services (Disclosure of Information) (Designated Authorities) (No.8) Order 199435, omit article 3.

33.

In the National Lottery (Imposition of Penalties and Revocation of Licences) Procedure Regulations 199936—

(a)

for the definition of “the Director General” in regulation 3, substitute—

““the Commission” means the Gambling Commission;”; and

(b)

in every other place in which it occurs—

(i)

for “Director General” substitute “Commission”; and

(ii)

for “he”, “him” or “his”, where its use relates to the Director General, substitute “it” or “its” as appropriate.

34.

In the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 200137—

(a)

in regulation 12A, for “National Lottery” substitute “Gambling”;

(b)

in Schedule 2 (disclosure of confidential information not subject to single market restrictions), omit the entry for the National Lottery Commission; and

(c)

in paragraph (b)(x) of Schedule 3 (prescribed disciplinary proceedings)—

(i)

for “National Lottery Commission” substitute “Gambling Commission”; and

(ii)

for “their” substitute “its”.

35.

In the Companies (Disclosure of Information) (Designated Authorities) (No.2) Order 200238, for “National Lottery Commission”, in both places, substitute “Gambling Commission”—

(a)

in paragraph (2) of article 2 (designation of the Comptroller and Auditor General for the purposes of section 449(1B) of the 1985 Act; and restriction on disclosure under that section); and

(b)

in paragraph (4) of article 3 (addition of the Comptroller and Auditor General to the Table in section 87(4) of the 1989 Act; and restriction on disclosure under section 87(1)(b)).

36.

In regulation 3 (payments in respect of expenses of the National Lottery Commission) of the Olympic Lotteries (Payments out of Fund) Regulations 200639—

(a)

in the heading, for “National Lottery” substitute “Gambling”;

(b)

in paragraph (1), for “Schedule 2A to the 1993 Act” substitute “Schedule 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”;

(c)

in paragraph (2), for “Schedule 2A to the 1993 Act”, substitute “Schedule 4 to the Gambling Act 2005”; and

(d)

after paragraph (2), insert—

“(3)

In paragraph (1), “relevant functions” means functions conferred or imposed under or by virtue of—

(a)

a provision of the 1993 Act other than section 10C,

(b)

Part 3 of the 2004 Act, and

(c)

section 6(2) of the National Lottery Act 2006.”.

37.

In the Companies (Disclosure of Information) (Designated Authorities) Order 200640, omit article 2.

38.

In the table in Part 1 of the Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 200741, at the end of the entry for the Gambling Commission, add—

“, other than any regulatory function exercised under—

the National Lottery etc. Act 1993 (except for its functions under section 10C)

Part 3 of the Horserace Betting and Olympic Lottery Act 2004”.

39.

(1)

In the Schedule to the English language text of the Welsh Language Schemes (Public Bodies) Order 200842, omit the reference to “National Lottery Commission”.

(2)

In the Schedule to the Welsh language text of that Order, omit the reference to “Comisiwn y Loteri Genedlaethol”.

40.

In the definition of “the Commission” in regulation 2 of the National Lottery (Annual Licence Fees) Regulations 201043, for “National Lottery” substitute “Gambling”.

41.

In the Schedule to the Official Statistics Order 201344, omit the entry relating to the National Lottery Commission.

42.

In the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 201345—

(a)

for paragraph 3 of Schedule 1 (proceedings) substitute—

“3.

Proceedings—

(a)

before the Gambling Commission, including proceedings in respect of the grant or revocation of a licence under Part 1 of the National Lottery etc. Act 1993; or

(b)

by way of appeal to the Court of Session against the revocation of such a licence by the Gambling Commission.”;

(b)

omit paragraph 14 of Schedule 1; and

(c)

in Schedule 3 (exclusions of section 4(2)(a) and (b) of the Act), in the heading to paragraph 8 and in paragraph 8, for “National Lottery Commission” substitute “Gambling Commission”.

43.

The amendments made by this Schedule are without prejudice to the generality of article 8(4).

EXPLANATORY NOTE
(This note is not part of the Order)

The Public Bodies Act 2011 (c. 24) makes provision for the merger, and associated transfer of functions, by order of any group of bodies specified in Schedule 2 to that Act. One such group in Schedule 2 consists of the Gambling Commission and the National Lottery Commission.

The Gambling Commission was established by section 20 of the Gambling Act 2005 (c. 19), while the National Lottery Commission was established by section 3A(1) of the National Lottery etc. Act 1993 (c. 39) as amended by the National Lottery Act 1998 (c. 22).

Article 3 of this Order abolishes the National Lottery Commission.

Article 4 transfers the National Lottery Commission’s functions to the Gambling Commission and makes consequential, supplementary and incidental amendments as set out in the Schedule.

Article 5 transfers the property, rights and liabilities of the National Lottery Commission to the Gambling Commission.

Articles 6 and 7 impose duties on the Gambling Commission in respect of reporting and accounting obligations in relation to the National Lottery Commission which have not been discharged in respect of any financial year at the time of its abolition.

Article 8 makes provision for various supplementary matters including the continuing validity and effect of anything done by or in relation to the National Lottery Commission after its abolition and the transfer of its functions, property, rights and liabilities to the Gambling Commission.

A full impact assessment as to the effect that this Order will have on the costs of business, the voluntary sector and the public sector is available on the Government website at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/73013/IA_GC-NLC-merger-july2012.pdf. This impact assessment is also published with the Explanatory Document alongside the instrument on www.legislation.gov.uk.