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Section 4A (consultation with Gambling Commission)10 is repealed.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