National Lottery Act 2006 Explanatory Notes

Sections 16 to 19: Dissolution of old distributors

36.Section 16 allows the Secretary of State by order to appoint a day or days on which the Community Fund, the Millennium Commission and the New Opportunities Fund will cease to exist. Section 17 provides for the property, rights and liabilities of the Community Fund, the Millennium Commission and the New Opportunities Fund to be transferred to the Big Lottery Fund. In particular, subsection (9) confers on the Big Lottery Fund the power to do anything for the purpose of giving effect to any decision, agreement or undertaking of the Lottery distributors dissolved irrespective of whether it has the power to do so under the 1993 Act as amended. This will allow the Fund to continue to pay grants after dissolution in accordance with decisions made prior to dissolution by the Millennium Commission, Community Fund and New Opportunities Fund.

37.Section 18 provides that money held in the National Lottery Distribution Fund for the Millennium Commission, the Community Fund and the New Opportunities Fund is now held for distribution by the Big Lottery Fund.

38.Section 19 makes provision for a number of amendments to the 1993 Act where references are made to the old distributors. In particular:

(a)

subsection (2) provides that the strategic plan prepared by the Big Lottery Fund under section 25C of the 1993 Act includes any directions given under new section 36E;

(b)

subsection (3) provides that directions may not be given to the Big Lottery Fund under section 26 of the 1993 Act.  Directions given to the Fund will be only be given under new section 36E; and

(c)

subsection (8) amends section 60(2) of the 1993 Act to provide that orders made under new sections 22(3A), 29A and 36B(3) are subject to the affirmative resolution procedure.

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