The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016

National Lottery etc. Act 1993 (c. 39)

9.—(1) The National Lottery etc. Act 1993 is amended as follows.

(2) In section 22(3A) and (3C) (power to prescribe descriptions of expenditure for which money allocated to the Big Lottery Fund may be distributed)(1), for “Minister for the Cabinet Office” substitute “Secretary of State”.

(3) In section 25C(3)(a) (strategic plans for distributing bodies)(2), omit “or the Minister for the Cabinet Office”.

(4) Omit section 34(7) (annual reports by distributing bodies).

(5) In section 36B(3) and (5) (limits on amount distributed by the Big Lottery Fund)(3), for “Minister for the Cabinet Office” substitute “Secretary of State”.

(6) Section 36E (directions to the Big Lottery Fund)(4) is amended in accordance with paragraphs (7) to (13).

(7) In subsection (1), for the words from “by” to the end substitute “by the Secretary of State (subject to subsection (4))”.

(8) For subsection (2) substitute—

“(2) A direction under this section may, in particular, specify matters to be taken into account in determining the person to whom, the purposes for which and the conditions subject to which the Fund distributes money.”

(9) In subsection (3)—

(a) for “subsection (1)(a) may” substitute “this section may, in particular”,

(b) after paragraph (a) insert—

“(ab) relate to the employment of staff;”, and

(c) in paragraph (d), for “paragraph (a) or (c)” substitute “paragraphs (a) to (c)”.

(10) In subsection (4), for the words from “subsection (1)(b)” to “Cabinet Office” substitute “this section, other than a direction given by virtue only of subsection (3), may not be given by the Secretary of State”.

(11) In subsection (5), for the words from “subsection (1)(b)” to “Cabinet Office” substitute “this section, other than by virtue only of subsection (3), the Secretary of State”.

(12) In subsection (7), for the words from “under subsection (1)(a)” to “Cabinet Office” substitute “by virtue only of subsection (3) the Secretary of State”.

(13) In subsection (8)(b), for “Minister for the Cabinet Office” substitute “Secretary of State”.

(14) In section 60(6) (orders and regulations)(5), omit “or the Minister for the Cabinet Office”.

(15) In Schedule 4A (the Big Lottery Fund: constitution, proceedings and money)(6)—

(a) for “Minister for the Cabinet Office” in each place substitute “Secretary of State”, and

(b) in paragraphs 6 and 18(1), for “section 36E(2)(b)” substitute “section 36E(3)(ab)”.

(1)

Section 22(3A) to (3C) were inserted by section 7(3) of the National Lottery Act 2006 (c. 23). Subsections (3A) and (3C) were amended by S.I. 2011/739, Sch.

(2)

Section 25C was inserted by section 13 of the National Lottery Act 1998. Subsection (3)(a) was amended by section 19(2) of the National Lottery Act 2006 and by S.I. 2011/739, Sch.

(3)

Section 36B was inserted by section 15 of the National Lottery Act 2006. Subsections (3) and (5) were amended by S.I. 2011/739, Sch.

(4)

Section 36E was inserted by section 15 of the National Lottery Act 2006 and amended by S.I. 2011/739, Sch.

(5)

Section 60(6) was amended by S.I. 2011/739, Sch.

(6)

Schedule 4A was inserted by section 14 of and Schedule 2 to the National Lottery Act 2006 and amended by S.I. 2011/739, Sch.