Horserace Betting and Olympic Lottery Act 2004

32 Dissolution

(1) The Secretary of State may by order make provision for the dissolution of the Olympic Lottery Distributor.

(2) An order under this section may, in particular—

(a) provide for the transfer of property, rights or liabilities of the Distributor to—

(i) the Secretary of State, or

(ii) any other person;

(b) make provision enabling a person to receive anything transferred under paragraph (a) (and that provision shall have effect despite any other enactment or instrument);

(c) establish a body corporate;

(d) make consequential, incidental or transitional provision which may, in particular—

(i) provide for anything done by or in relation to the Distributor to have effect as if done by or in relation to another person;

(ii) permit anything (which may include legal proceedings) which is in the process of being done by or in relation to the Distributor when a transfer takes effect, to be continued by or in relation to another person;

(iii) provide for a reference to the Distributor in an instrument or other document to be treated as a reference to another person.

(3) An order transferring a sum of money to the Secretary of State under subsection (2)(a)(i) may require the Secretary of State to pay the sum into the National Lottery Distribution Fund; and an order containing such provision shall specify whether the payment is to be—

(a) treated as having been paid into the National Lottery Distribution Fund by virtue of section 5(6) of the National Lottery etc. Act 1993 (c. 39) (general payments into fund), or

(b) allocated entirely for expenditure on or connected with sport and held in accordance with section 23(2) of that Act (distributing bodies for sports).

(4) Provision by virtue of subsection (3)(b) may provide for section 23(2) of that Act to apply with specified modifications (which may, in particular, include modifications reducing a distributor’s share to nil).

(5) The Secretary of State may not make an order under this section providing for the transfer of property, rights or liabilities to a person unless the person has consented to the transfer.

(6) An order under this section—

(a) may transfer rights and liabilities relating to employees, but

(b) shall not affect the operation of the Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/1794).

(7) The Secretary of State may not make an order by virtue of subsection (6)(a) unless satisfied that sufficient notice has been given to enable compliance with any applicable requirement of those regulations.