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

Citation and commencement

1.—(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.

Interpretation

2.—(1) In this Order—

(a) “the 1993 Act” means the National Lottery etc. Act 1993(1);

(b) “the 2011 Act” means the Public Bodies Act 2011(2); 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 Commission

3.  The National Lottery Commission(3) is abolished.

Transfer of statutory functions

4.—(1) The functions of the National Lottery Commission are transferred to the Gambling Commission(4).

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

Transfer of property

5.—(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 report

6.—(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)(5) 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 accounts

7.—(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 Act(6) 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 provisions

8.—(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 2011

9.  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

12th September 2013

We consent.

Mark Lancaster

Anne Milton

Two of the Lords Commissioners of Her Majesty’s Treasury

9th September 2013