National Lottery etc. Act 1993

Part II U.K. DISTRIBUTION OF THE NET PROCEEDS OF THE NATIONAL LOTTERY

The distribution system U.K.

21 The National Lottery Distribution Fund. U.K.

(1) There shall be a fund maintained under the control and management of the Secretary of State and known as the National Lottery Distribution Fund.

(2) The Secretary of State shall pay into the Distribution Fund all the sums that are paid to him by virtue of section 5(6) [F1 or 10A].

Textual Amendments

F1 Words in s. 21(2) inserted (2.9.1998) by 1998 c. 22, ss. 2(3), 27(5).

22 Apportionment of money in Distribution Fund. U.K.

(1) Every sum that is paid into the Distribution Fund under section 21(2) shall be apportioned as follows.

(2) So much of the sum as the Secretary of State considers appropriate shall be allocated for making payments under section 31 and held in the Distribution Fund for that purpose.

(3) Of the balance—

(a) [F2 162/3 per cent.]shall be allocated for expenditure on or connected with the arts,

(b) [F2 162/3 per cent.]shall be allocated for expenditure on or connected with sport,

(c) [F2 162/3 per cent.]shall be allocated for expenditure on or connected with the national heritage,

(d) [F2 162/3 per cent.]shall be allocated for charitable expenditure, F3 . . .

(e) 20 per cent. shall be allocated for expenditure on projects to mark the year 2000 and the beginning of the third millennium [F4 and

(f) [F5 131/3 per cent.] shall be allocated for expenditure on or connected with health, education or the environment.]

[F6 (including, in each case, for establishing or contributing to endowments in connection with such expenditure).]

F7 [(4) This section has effect subject to section 19 of the National Lottery Act 1998.]

Textual Amendments

F2 Words in s. 22(3)(a)-(d) substituted (17.5.1999) by S.I. 1999/344, art. 3(1)-(5)

F3 Word at the end of s. 22(3)(d) repealed (2.7.1998) by 1998 c. 22, ss. 26, 27(4), Sch. 5 Pt. II.

F4 S. 22(3)(f) and word preceding it inserted (2.7.1998) by 1998 c. 22, ss. 6(2)(9), 27(4)

F5 Words in s. 22(3)(f) substituted (17.5.1999) by S.I. 1999/344, art. 3(1)(6)

F6 Words in s. 22(3) inserted (retrospectively) by National Lottery (Funding of Endowments) Act 2003 (c. 23), s. 1(2)(9)

F7 S. 22(4) inserted (2.7.1998) by 1998 c. 22, ss. 19(7), 27(4).

23 The distributing bodies. U.K.

(1) So much of any sum paid into the Distribution Fund as is allocated for expenditure on or connected with the arts shall be held in the Distribution Fund—

[F8 (a) as to 83.3 per cent., for distribution by the Arts Council of England,

(b) as to 8.9 per cent., for distribution by the Scottish Arts Council,

(c) as to 5 per cent., for distribution by the Arts Council of Wales, and

(d) as to 2.8 per cent., for distribution by [F9 the Arts Council of Northern Ireland].]

(2) So much of any sum paid into the Distribution Fund as is allocated for expenditure on or connected with sport shall be held in the Distribution Fund—

(a) as to 83.3 per cent., for distribution by [F10 the English Sports Council],

(b) as to 8.9 per cent., for distribution by the Scottish Sports Council,

(c) as to 5 per cent., for distribution by the Sports Council for Wales, and

(d) as to 2.8 per cent., for distribution by the Sports Council for Northern Ireland.

(3) So much of any sum paid into the Distribution Fund as is allocated for expenditure on or connected with the national heritage shall be held in the Distribution Fund for distribution by the Trustees of the National Heritage Memorial Fund.

(4) So much of any sum paid into the Distribution Fund as is allocated for charitable expenditure shall be held in the Distribution Fund for distribution by the National Lottery Charities Board (established under section 37).

(5) So much of any sum paid into the Distribution Fund as is allocated for expenditure on projects to mark the year 2000 and the beginning of the third millennium shall be held in the Distribution Fund for distribution by the Millennium Commission (established under section 40).

[F11 (6) So much of any sum paid into the Distribution Fund as is allocated for expenditure on or connected with health, education or the environment shall be held in the Distribution Fund for distribution by the New Opportunities Fund (established under section 43A).]

Textual Amendments

F8 S. 23(1)(a)-(d) substituted (13.6.1994) by S.I. 1994/1342, art. 2.

F9 Words in s. 23(1) substituted (1.9.1995) by S.I. 1995/2088, art. 2.

F10 Words in s. 23(2)(a) substituted (1.1.1997) by S.I. 1996/3095, art. 2.

F11 S. 23(6) inserted (2.7.1998) by 1998 c. 22, ss. 7(1), 27(4).

24 Payments from Distribution Fund to distributing bodies. U.K.

At such times as the Secretary of State thinks appropriate, payments of such amounts as he thinks appropriate may be made to a body specified in section 23 out of so much of any money in the Distribution Fund as is held for distribution by that body.

25 Application of money by distributing bodies. U.K.

(1) Subject to the provisions of this Part, a body shall distribute any money paid to it under section 24 for meeting expenditure of the relevant description mentioned in section 22(3).

F12 [(1A) The manner in which a body may distribute any money paid to it under section 24 includes making or entering into arrangements for or in connection with meeting expenditure (including arrangements with respect to vouchers); and this subsection shall apply notwithstanding anything to the contrary in any enactment or instrument relating to the functions of the body.]

(2) A body shall not under subsection (1) distribute money for any purpose or in any manner if it does not have power to distribute money for that purpose or in that manner apart from subsection (1).

F13 [(2A) A body which distributes money under subsection (1) shall have power to solicit applications from other bodies or persons for any of the money which the body so distributes, notwithstanding anything to the contrary in any enactment or instrument relating to the functions of the body.

(2B) In determining whether a decision of a body concerning its distribution of money under subsection (1) was unlawful, it shall be immaterial whether or not the body, or any person acting on behalf of the body, solicited an application from a body or person for such money.]

(3) A body may defray out of any money paid to it under section 24 any expenses incurred by the body in consequence of this Act.

(4) The Trustees of the National Heritage Memorial Fund may apply any money paid to them under section 24 for any purpose for which they have power to apply money under section 4 of the M1 National Heritage Act 1980 [F14 (other expenditure out of the fund)].

[F15 (5) References in this section (however expressed) to the distribution of money for meeting expenditure are to be construed as including distribution of money for the purpose of establishing, or contributing to, endowments in connection with expenditure of the description concerned.]

Textual Amendments

F12 S. 25(1A) inserted (2.7.1998) by 1998 c. 22, ss. 9(1), 27(4).

F13 S. 25(2A)-(2B) inserted (2.7.1998) by 1998 c. 22, ss. 10, 27(4).

F14 Words in s. 25(4) substituted (4.3.1998) by 1997 c. 14, s. 3, Sch. para. 4; S.I. 1998/292, art. 2

F15 S. 25(5) inserted (retrospectively) by National Lottery (Funding of Endowments) Act 2003 (c. 23), s. 1(3)(9)

Marginal Citations

M1 1980 c. 17.

[F16 25A Delegation by distributing bodies of their powers of distribution. U.K.

(1) A body which distributes money under subsection (1) of section 25 may appoint any other body or person to exercise on its behalf any of its functions relating to, or connected with, the distribution of money under that subsection (including its function of making decisions as to the persons to whom such distributions are to be made)—

(a) in any particular case, or

(b) in cases of any particular description.

(2) The persons who may be appointed by a body under subsection (1) include a member, employee or committee of the body itself.

(3) A body which makes an appointment under subsection (1) may defray out of any money paid to it under section 24 any expenses incurred by the appointee in consequence of the appointment.

(4) Power to accept any such appointment as is mentioned in subsection (1) is conferred by this subsection on the following bodies—

(a) any body which distributes money under section 25(1),

(b) any charity or any charitable, benevolent or philanthropic institution,

(c) any body established by or under an enactment, and

(d) any body established by Royal Charter.

(5) A body appointed by virtue of subsection (1) to exercise a function on behalf of another may itself appoint any of its members or employees, or a committee, to exercise the function in its stead, but only if—

(a) the terms of the body’s appointment by virtue of subsection (1) so permit, and

(b) the body has power apart from this section to appoint a member or, as the case may be, an employee or committee of the body to exercise some or all of its functions.

(6) Subject to the following provisions of this section—

(a) a body which distributes money under section 25(1) may establish a committee for the purpose of exercising on behalf of the body any such function as is mentioned in subsection (1), and

(b) a body falling within any paragraph of subsection (4) may establish a committee for the purpose of exercising on behalf of any body which distributes money under section 25(1) any such function as is mentioned in subsection (1).

(7) A committee established under subsection (6)—

(a) must consist of or include one or more members, or one or more employees, of the body establishing the committee, but

(b) may include persons who are neither members nor employees of that body.

(8) Any power conferred on a body by subsections (1) to (7) is so conferred—

(a) to the extent that the body would not have the power apart from this section, and

(b) notwithstanding anything to the contrary in any enactment or instrument relating to the functions of the body.

(9) In this section—

• “charity” means a body, or the trustees of a trust, established for charitable purposes only;

• “charitable, benevolent or philanthropic institution” means a body, or the trustees of a trust, which is established for charitable purposes (whether or not those purposes are charitable within the meaning of any rule of law), benevolent purposes or philanthropic purposes, and which is not a charity.

(10) For the purposes of this section—

(a) the trustees of a trust shall be regarded as a body, and

(b) any reference to a member of a body shall, in the case of a body of trustees, be taken as a reference to any of the trustees,

and references to a committee shall be construed accordingly.

(11) Any reference in this section to a member of a body includes a reference to the chairman or deputy chairman of (or the holder of any corresponding office in relation to) the body.]

Textual Amendments

F16 S. 25A inserted (2.7.1998) by 1998 c. 22, ss. 11(1), 27(4)

[F17 25B Joint schemes for distribution of money by distributing bodies. U.K.

(1) A body which distributes money under subsection (1) of section 25 may, in accordance with the following provisions of this section, participate with one or more other such bodies in a joint scheme for the distribution of money under that subsection.

(2) A body may participate in a joint scheme if the principal purposes of the joint scheme include purposes for which the body has power to distribute money under subsection (1) of section 25, notwithstanding that the body would not, apart from this section, have power to distribute money under that subsection for meeting expenditure on some of the particular projects for which money may be distributed under the scheme.

(3) Money shall not, under a joint scheme, be distributed for meeting expenditure on any particular project unless the expenditure is such that—

(a) at least one of the bodies participating in the joint scheme has power, acting alone, to distribute money under section 25(1) for meeting the expenditure, or

(b) two or more of the bodies participating in the joint scheme, taken together, have power between them to distribute money under section 25(1) for meeting the expenditure.

(4) Nothing in subsection (3) affects the liability of each body participating in a scheme in relation to the distribution of any money under section 25(1) under the scheme.

(5) Schedule 3A contains supplementary provision in relation to joint schemes.

[F18 (6) References in this section (however expressed) to distribution under section 25(1) of money for meeting expenditure are to be construed in accordance with section 25(5).]]

Textual Amendments

F17 S. 25B inserted (2.7.1998) by 1998 c. 22, ss. 12(1), 27(4).

F18 S. 25B(6) inserted (retrospectively) by National Lottery (Funding of Endowments) Act 2003 (c. 23), s. 1(4)(9)

[F19 25C Strategic plans for distributing bodies. U.K.

(1) If the Secretary of State instructs it do so, a body which distributes money under section 25(1) shall, in accordance with the following provisions of this section,—

(a) prepare and adopt a strategic plan, or

(b) review and modify any strategic plan which it has adopted, or

(c) replace any strategic plan which it has adopted by preparing and adopting another.

(2) In this section “strategic plan”, in the case of any body, means a statement containing the body’s policies for the distribution of the money likely to be available to it for distribution under section 25(1).

(3) A strategic plan must also contain—

(a) a statement of any directions given to the body by the Secretary of State under section 26(1) or 43C(1),

(b) a statement of the estimate given to the body by the Secretary of State of the money likely to be available for distribution by the body under section 25(1),

(c) a statement of the body’s assessment of the needs which the body has power to deal with, in whole or in part, by distributing money under section 25(1), and

(d) a statement of the body’s priorities in dealing with those needs by the distribution of money under section 25(1).

(4) A strategic plan must be such as to demonstrate how the body is taking into account or, as the case may be, complying with the directions mentioned in subsection (3)(a).

(5) Before adopting a strategic plan, a body shall—

(a) consult such other bodies as it thinks fit for the purpose of identifying the needs mentioned in subsection (3)(c) and formulating the policies to be adopted for dealing with those needs,

(b) prepare a draft of the proposed plan,

(c) send a copy of the draft to the Secretary of State, and

(d) after consultation with the Secretary of State, make such modifications to the draft as it considers necessary or expedient.

(6) Where a body adopts a strategic plan—

(a) the body shall send copies of the document containing the plan to the Secretary of State, and

(b) the Secretary of State shall lay a copy of the document before each House of Parliament.

(7) Nothing in this section applies in relation to any body which distributes under section 25(1) money allocated under section 22(3)(e).]

Textual Amendments

F19 S. 25C inserted (2.9.1998) by 1998 c. 22, ss. 13, 27(5).

Modifications etc. (not altering text)

C1 S. 25C (except s. 25C(3)(b)): transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C2 S. 25C(1) (as read with s. 26A(1)(a)): transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

C3 S. 25C(3)(a) modified (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C4 S. 25C(5)(c)(d)(6): certain functions made exercisable by the Scottish Ministers concurrently with the Minister concerned (1.7.1999) by S.I. 1999/1750, arts. 1(1), 3, Sch. 2 (with art. 7); S.I. 1998/3178, art. 3

C5 S. 25(6)(b) modified (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Yn ddilys o 30/06/1999

[F20 25D Strategic plans for distributing bodies in or as regards Scotland U.K.

The functions of the Secretary of State–

(a) under section 25C(1) shall, as regards instructions to–

(i) any body specified in section 23(1) F21 whose functions exclusively or mainly relate to the arts in Scotland; or

(ii) any body specified in section 23(2) F22 whose functions exclusively or mainly relate to sport in Scotland; and

(b) under section 25C(5)(c) and (d) and (6) shall, as regards strategic plans prepared by any body other than–

(i) any body specified in section 23(1) whose functions relate exclusively or mainly to the arts in any one of England, Wales or Northern Ireland; or

(ii) any body specified in section 23(2) whose functions relate exclusively or mainly to sport in any one of England, Wales or Northern Ireland,

be treated as exercisable in or as regards Scotland and may be exercised separately.]

Textual Amendments

F20 S. 25D inserted (30.6.1999) by S.I. 1999/1756, arts. 1(1), 2, Sch. para. 15(2) (with art. 8); S.I. 1998/3178, art. 3

F21 Section 23(1) was amended by S.I. 1994/1342 and 1995/2088.

F22 Section 23(2) was amended by S.I. 1996/3095.

Control by the Secretary of State U.K.

26 Directions to distributing bodies. U.K.

(1) A body shall comply with any directions given to it by the Secretary of State as to the matters to be taken into account in determining the persons to whom, the purposes for which and the conditions subject to which the body distributes any money under section 25(1).

(2) The Trustees of the National Heritage Memorial Fund shall comply with any directions given to them by the Secretary of State as to the matters to be taken into account in determining the purposes for which and the conditions subject to which the Trustees apply any money under section 25(4).

(3) A body shall comply with any directions that the Secretary of State considers it appropriate to give the body for securing the proper management and control of money paid to the body under section 24.

[F23 (3A) In exercising any power under section 25A, a body which distributes money under section 25(1) shall comply with any directions given to it by the Secretary of State.]

(4) Directions under subsection (3) [F24 or (3A)] may in particular require a body—

(a) to obtain the consent of the Secretary of State before doing anything specified, or of a description specified, in the directions;

(b) to provide the Secretary of State at times specified by him with such information as he may require.

[F25 (4A) Directions under subsection (3A) may in particular—

(a) impose limits on the amount of money which may be distributed by a body under section 25(1) by virtue of decisions made on its behalf by bodies or persons not falling within section 25A(2), and

(b) require a body, before appointing any body or person not falling within section 25A(2) to exercise on its behalf any function of making decisions concerning the distribution of money under section 25(1), to obtain the approval of the Secretary of State to its plans for making such appointments.]

(5) The Secretary of State shall consult a body before giving any directions to it under this section.

Textual Amendments

F23 S. 26(3A) inserted (2.7.1998) by 1998 c. 22, ss. 11(2), 27(4).

F24 Words in s. 26(4) inserted (2.7.1998) by 1998 c. 22, s. 11(3).

F25 S. 26(4A) inserted (2.7.1998) by 1998 c. 22, ss.11(4), 27(4).

Modifications etc. (not altering text)

C6 S. 26(1) (as read with s. 26A(1)(a)(2)(b)): transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

S. 26(1) (as read with s. 26A(2)(a)): functions amended (1.7.1999) by S.I. 1999/1750, arts. 1(1), 4, Sch. 3 (with art. 7); S.I. 1998/3178, art. 3

S. 26(1): certain functions made exercisable by the National Assembly for Wales concurrently with the Secretary of State (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C7 S. 26(1)(5): transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C8 S. 26(2) (as read with s. 26A(2)(b)): transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

S. 26(2) (as read with s. 26A(2)(a)): functions amended (1.7.1999) by S.I. 1999/1750, arts. 1(1), 4, Sch. 3 (with art. 7); S.I. 1998/3178, art. 3

S. 26(2): certain functions made exercisable by the National Assembly for Wales concurrently with the Secretary of State (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C9 S. 26(3): functions amended (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2

S. 26(3) (as read with s. 26A(1)(a)): transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

C10 S. 26(3A): functions amended (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2

S. 26(3A) (as read with s. 26A(1)(a)): transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

S. 26(3A) (as read with s. 26A(1)(b)): functions amended (1.7.1999) by S.I. 1999/1750, arts. 1(1), 4, Sch. 3 (with art. 7); S.I. 1998/3178, art. 3

C11 S. 26(4) (as read with s. 26A(1)(a)): transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

C12 S. 26(5): certain functions made exercisable by the National Assembly for Wales concurrently with the Secretary of State (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

S. 26(5): transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

Commencement Information

I1 S. 26 wholly in force at 21.12.1993; s. 26 not in force at Royal Assent see s. 65; s. 26(1)(3)-(5) in force at 25.10.1993 and s. 26(2) in force at 21.12.1993 by S.I. 1993/2632, arts. 2, 3

Yn ddilys o 30/06/1999

[F26 26A Directions to distributing bodies in or as regards Scotland U.K.

(1) The functions of the Secretary of State–

(a) under section 26(1), (3), (3A) F27 (4) F28 and (5) shall, as regards directions to–

(i) any body specified in section 23(1) F29 whose functions exclusively or mainly relate to the am in Scotland; or

(ii) any body specified in section 23(2) F30 whose functions exclusively or mainly relate to sport in Scotland; and

(b) under section 26(3A) shall, as regards directions to any other body except–

(i) any body specified in section 23(1) whose functions relate exclusively or mainly to the arts in any one of England, Wales or Northern Ireland; or

(ii) any body specified in section 23(2) whose functions relate exclusively or mainly to sport in any one of England, Wales or Northern Ireland,

be treated as exercisable in or as regards Scotland and may be exercised separately.

(2) Directions given to the National Lottery Charities Board or the New Opportunities Fund under section 26(1) or to the Trustees of the National Heritage Memorial Fund under section 26(2) may be made–

(a) to apply to the whole of the United Kingdom and provide for all matters other than those to be provided specifically for Scotland in accordance with subsection (3); or

(b) to apply only to Scotland and provide for the matters specified in subsection (3).

(3) Directions given in accordance with subsection (2)(b) may, in relation to any distribution made for a purpose which does not concern reserved matters, provide for priorities and other matters to be taken into account in determining the persons to whom and the purposes for which the money available for distribution in Scotland is distributed and in determining conditions of distribution for the purpose of specific cases but may not provide for–

(a) the total allocation of resources to Scotland or between Scotland and other parts of the United Kingdom; or

(b) except in relation to any initiative specified in an order made under section 43B F31 which applies only in Scotland, the general conditions subject to which lottery money is distributed in accordance with directions applying to the whole of the United Kingdom.]

Textual Amendments

F26 S. 26A inserted (30.6.1999) by S.I. 1999/1756, arts. 1(1), 2, Sch. para. 15(3) (with art. 8); S.I. 1998/3178, art. 3

F27 Section 26(3A) was inserted by the l998 Act section 11(2).

F28 Section 26(4) was amended by the 1998 Act, section 11(3).

F29 Section 23(1) was amended by S.I. 1994/1342 and 1995/2088.

F30 Section 23(2) was amended by S.I. 1996/3095,

F31 Section 43B was inserted by the 1998 Act section 7(2).

Modifications etc. (not altering text)

C13 S. 26(1)(b): amended (1.7.1999) by S.I. 1999/1750, arts. 1(1), 4, Sch. 3 (with art. 7); S.I. 1998/3178, art. 3

C14 S. 26(2)(a): amended (1.7.1999) by S.I. 1999/1750, arts. 1(1), 4, Sch. 3 (with art. 7); S.I. 1998/3178, art. 3

27 Power to prohibit distribution in certain cases. U.K.

(1) Where subsection (2) applies, the Secretary of State may by order prohibit a body from distributing money under section 25(1) to a person specified in the order.

(2) This subsection applies if at the time the order is made—

(a) the person specified is a company of which the body, or a wholly-owned subsidiary of the body, is a member, or

(b) the Secretary of State considers that the body is able (whether directly or indirectly) to control or materially to influence the policy of the person specified in carrying on any undertaking or performing any functions.

(3) In subsection (2)—

(a) “company” means a company formed and registered under the M2 Companies Act 1985 or the M3 Companies (Northern Ireland) Order 1986 or a company to which the provisions of that Act or Order apply as they apply to a company so formed and registered, and

(b) “wholly-owned subsidiary” has the meaning given by section 736 of that Act or Article 4 of that Order.

(4) Where subsection (5) applies, the Secretary of State may give directions to a body—

(a) prohibiting it from distributing money under section 25(1) to a person in Northern Ireland specified in the directions, or

(b) requiring it to secure that any money distributed by it under section 25(1) to such a person is not applied for a purpose specified in the directions.

(5) This subsection applies if at the time the directions are given the Secretary of State considers that—

(a) a proscribed organisation for the purposes of the M4 Northern Ireland (Emergency Provisions) Act 1991, or

(b) any other organisation that appears to him to be concerned in terrorism in Northern Ireland or in promoting or encouraging it,

might directly or indirectly derive benefit from the distribution of money to the person specified.

(6) In subsection (5) “benefit” includes benefit of a non-financial nature and, in particular, an enhancement of reputation.

(7) A body may not disclose to any other person either the identity of any person specified in directions given to it under subsection (4) or any information that might lead to the identification of such a person.

(8) A body shall provide the Secretary of State with such information as he may require for the purpose of exercising his powers under this section in relation to the body.

Marginal Citations

M2 1985 c. 6.

M3 S.I. 1986/1032 (N.I. 6).

M4 1991 c. 24.

28 Power to amend section 22. U.K.

(1) The Secretary of State may by order amend section 22(3) so as to substitute different percentages for any of the percentages for the time being specified there.

(2) Any amendment made under this section shall be such that—

(a) no percentage lower than 5 per cent. is specified in section 22(3), and

(b) the percentages specified in section 22(3) amount in total to 100 per cent.

(3) Without prejudice to the generality of section 60(5), an order under this section may provide for sums that apart from the order would be held in the Distribution Fund for distribution by a particular body to be held in the Distribution Fund for distribution by another body specified in section 23.

Modifications etc. (not altering text)

C15 S. 28 (as read with s. 43CC(2)(a)): functions amended (1.7.1999) by S.I. 1999/1750, arts. 1(1), 4, Sch. 3 (with art. 7); S.I. 1998/3178, art. 3

29 Power to amend section 23. U.K.

(1) The Secretary of State may by order amend subsection (1), (2), (3) or (4) of section 23 so as—

(a) to substitute a different body for any body for the time being specified in that subsection;

(b) to add another body to the bodies or body for the time being specified in it;

(c) to omit any body for the time being specified in it;

(d) to substitute different percentages for any percentages for the time being specified in it.

(2) Any amendment made under subsection (1) shall be such that the amended subsection—

(a) provides for the whole of the sum mentioned in that subsection to be held for distribution by the one body specified in that subsection, or

(b) provides for the whole of that sum to be held for distribution by the two or more bodies specified in that subsection and specifies, in relation to each of those bodies, what percentage of that sum is to be held for distribution by that body.

(3) The Secretary of State may by order provide that subsection (1), (2), (3) or (4) of section 23 shall, pending the making of an order amending that subsection under subsection (1),—

(a) cease to have effect, or

(b) have effect as if any of the bodies for the time being specified in it were omitted.

(4) Without prejudice to the generality of section 60(5)—

(a) an order made under subsection (1) may provide for sums that apart from the order would be held in the Distribution Fund for distribution by a particular body to be held in the Distribution Fund for distribution by another body (being a body that on the coming into force of the order is specified in the subsection amended by the order);

(b) an order made under subsection (3) may provide for sums that apart from the order would be held in the Distribution Fund for distribution by a particular body to be held in the Distribution Fund in the name of the Secretary of State, pending being held for distribution by another body in accordance with the order to be made under subsection (1).

(5) Without prejudice to the generality of subsection (1), the Secretary of State may exercise his powers under that subsection so as to remove from section 23 any body that has contravened or failed to comply with a requirement or prohibition imposed on it by or under section 26 or 27.

Winding up of fund allocated under section 22(3)(e) U.K.

30 Winding up of fund allocated under section 22(3)(e). U.K.

(1) In relation to any sum that is paid into the Distribution Fund under section 21(2) after 31st December 2000, section 22(3) shall have effect—

(a) with the omission of paragraph (e), and

(b) subject to any order under section 28 that takes effect after 31st December 2000, with the substitution of higher percentages for the percentages that on that date are specified in paragraphs (a) to (d) [F32 and (f)].

(2) The higher percentages shall bear the same proportion to one another as the percentages for which they are substituted and shall amount in total to 100 per cent.

(3) The Secretary of State may by order substitute a later date for the date that is for the time being specified in subsection (1).

Textual Amendments

F32 Words in s. 30(1)(b) inserted (2.7.1998) by 1998 c. 22, ss. 6(7)(9), 27(4).

Distribution Fund: further provisions U.K.

31 Payments from Distribution Fund in respect of expenses. U.K.

(1) At such times as the Secretary of State with the approval of the Treasury determines to be appropriate, payments shall be made into the Consolidated Fund out of so much of any money in the Distribution Fund as is held under section 22(2).

(2) The payments shall be of such amounts as the Secretary of State with the approval of the Treasury determines to be appropriate for—

F33 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F34 (aa) meeting payments made or to be made under paragraph 10 of Schedule 2A,]

(b) defraying expenses incurred or to be incurred by the Secretary of State in exercising his functions under this Act, and

(c) defraying expenses incurred or to be incurred by the National Debt Commissioners in making investments under section 32.

F35 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F36 (4) In determining what amounts are appropriate for meeting the payments referred to in subsection (2)(aa), the Secretary of State shall take into account sums paid or to be paid into the Consolidated Fund under section 7(6).]

Textual Amendments

F33 S. 31(2)(a) repealed (1.4.1999) by 1998 c. 22, ss. 1(5), 26, Sch. 1 Pt. III para. 15(2)(a), Sch. 5 Pt. I; S.I. 1999/650, art. 2.

F34 S. 31(2)(aa) inserted (1.4.1999) by 1998 c. 22, s. 1(5), Sch. 1 Pt. III para. 15(2)(b); S.I. 1999/650, art. 2.

F35 S. 31(3) repealed (1.4.1999) by 1998 c. 22, ss. 1(5), 26, Sch. 1 Pt. III para. 15(3), Sch. 5 Pt. I; S.I. 1999/650, art. 2.

F36 S. 31(4) added (1.4.1999) by 1998 c. 22, s. 1(5), Sch. 1 Pt. III para. 15(4); S.I. 1999/650, art. 2.

Modifications etc. (not altering text)

C16 S. 31 extended (2.7.1998) by 1998 c. 22, s. 8(7).

S. 31 extended (2.7.1998) by 1998 c. 22, s. 16(2), Sch. 4 para. 11.

32 Investment of Distribution Fund. U.K.

(1) So much of any money in the Distribution Fund as is neither held under section 22(2) nor immediately required for making payments under section 24 may be paid over to the National Debt Commissioners and invested by them in accordance with such directions as may be given by the Treasury.

(2) The proceeds of any investment made under subsection (1) or this subsection may be re-invested by the National Debt Commissioners in accordance with such directions as may be given by the Treasury.

(3) The proceeds of any investment made under subsection (1) or (2) shall, if they are not re-invested under subsection (2), be paid into the Distribution Fund and—

(a) to the extent that the proceeds are attributable to the investment of sums paid under subsection (1) out of money held for distribution by a body specified in section 23, held in the Distribution Fund for distribution by that body (subject to any order under section 28 or 29);

(b) to the extent that the proceeds are attributable to the investment of sums paid under subsection (1) out of money held in the name of the Secretary of State by virtue of paragraph (b) of section 29(4), held in the Distribution Fund in his name as mentioned in that paragraph (or where the order under section 29(1) mentioned in that paragraph has been made, held in accordance with that order).

(4) In this section “proceeds”, in relation to an investment, means any interest or dividends received in respect of the investment and any sums received on the realisation of the investment.

(5) For the purposes of subsection (3), the extent to which any proceeds are attributable to the investment of sums paid under subsection (1) out of money held for distribution by a particular body or held in the name of the Secretary of State shall be determined by, or in accordance with principles determined by, the Secretary of State.

33 Accounts of the Secretary of State and National Debt Commissioners. U.K.

(1) The Secretary of State shall prepare accounts in respect of the Distribution Fund in such form, and in such manner and at such times, as the Treasury may direct.

(2) The National Debt Commissioners shall prepare accounts in respect of any investments under section 32 in such form, and in such manner and at such times, as the Treasury may direct.

(3) Each account prepared under subsection (1) or (2) shall be sent to the Comptroller and Auditor General who shall examine, certify and report on it and shall lay copies of it and of his report before Parliament.

[F37 (4) For the purpose of exercising his examination function in relation to any accounts prepared under subsection (1), the Comptroller and Auditor General—

(a) shall have a right of access at all reasonable times to any documents which he reasonably requires which are in the custody or under the control of any section 5 licensee; and

(b) shall have a right to require from any officer or employee of any section 5 licensee, or from the auditors of any section 5 licensee, an explanation of, or information relating to, any such documents;

but a section 5 licensee shall not, by virtue only of this subsection, be a body to which section 6 of the M5 National Audit Act 1983 applies.

(5) For the purpose of—

(a) exercising his examination function in relation to any accounts prepared under subsection (1), or

(b) deciding whether, or to what extent, to exercise any right conferred by subsection (4),

the Comptroller and Auditor General shall have regard to any information which the Director General has obtained from any section 5 licensee and which is relevant to the exercise of that function.

(6) Where, in exercising his examination function in relation to any accounts prepared under subsection (1), the Comptroller and Auditor General obtains any information which gives him grounds to believe that a section 5 licensee has, or may have, contravened any of the conditions of its licence under section 5, the Comptroller and Auditor General shall as soon as practicable disclose that information to the Director General.

(7) A section 5 licensee shall be under a duty—

(a) to permit the Comptroller and Auditor General to exercise the right conferred by subsection (4)(a); and

(b) to do all that may be reasonably practicable to secure that any person who under subsection (4)(b) is required to provide an explanation of, or information relating to, any document complies with that requirement;

and any breach of that duty shall be actionable at the suit of the Comptroller and Auditor General.

(8) The right of access to documents conferred by subsection (4)(a) includes a right to take copies of or make extracts from documents.

(9) In this section any reference to documents includes a reference to information held by means of a computer or in any other electronic form; and in the case of information so held the right of access conferred by subsection (4)(a) includes a right of access to, and to take copies of, that information in a visible and legible form.

(10) In this section—

• “examination function”, in relation to the Comptroller and Auditor General, means his function under subsection (3);

• “section 5 licensee” means a body which holds or has held a licence under section 5.]

Textual Amendments

F37 S. 33(4)-(10) inserted (2.9.1998) by 1998 c. 22, ss. 5(2)(3), 27(5).

Marginal Citations

M5 1983 c. 44.

Reports and accounts of distributing bodies U.K.

34 Annual reports by distributing bodies other than Millennium Commission. U.K.

(1) As soon as possible after the end of every financial year, each body that in that year was paid any money under section 24 or distributed or applied any money under section 25 shall make a report to the Secretary of State on the exercise during that year of its functions under this Act.

(2) The report shall set out any directions given to the body under section 26 that had effect during the financial year to which the report relates.

(3) The Secretary of State shall lay a copy of every report received by him under this section before Parliament.

(4) This section does not apply to the Millennium Commission.

35 Accounts of distributing bodies other than Charities Board and Millennium Commission. U.K.

(1) A body shall keep proper accounts in respect of any money paid to it under section 24 and proper records in relation to the accounts.

(2) A body shall prepare a statement of accounts in respect of each financial year in which it was paid any money under section 24 or distributed or applied any money under section 25.

(3) The statement shall 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.

(4) Copies of the statement shall be sent to the Secretary of State and the Comptroller and Auditor General within such period after the end of the financial year to which the statement relates as the Secretary of State may direct.

(5) The Comptroller and Auditor General shall examine, certify and report on the statement and shall lay copies of the statement and of his report before Parliament.

(6) The Secretary of State shall not give a direction under this section without the Treasury’s approval.

(7) This section does not apply to the National Lottery Charities Board [F38 , the Millennium Commission or the New Opportunities Fund].

Textual Amendments

F38 Words in s. 35(7) substituted (2.7.1998) by 1998 c. 22, ss. 8(1), 27(4).

The Trustees of the National Heritage Memorial Fund U.K.

36 Amendment of the National Heritage Act 1980. U.K.

The M6 National Heritage Act 1980 shall have effect with the amendments set out in Schedule 4.

Marginal Citations

M6 1980 c. 17.

The National Lottery Charities Board U.K.

37 The National Lottery Charities Board. U.K.

(1) There shall be a body corporate known as the National Lottery Charities Board.

(2) Schedule 5 makes provision in relation to the Charities Board.

38 Grants to charities etc. U.K.

(1) The Charities Board may make out of any money they receive grants for meeting the expenditure of charities or of institutions such as are mentioned in paragraph (b) of the definition of “charitable expenditure” in section 44(1) [F39 , including grants for establishing or contributing to endowments in connection with such expenditure].

(2) In making a grant under this section, the Charities Board may impose such conditions as they think fit, including conditions requiring the amount of a grant to be repaid forthwith on breach of any condition.

F40 [(3) The Charities Board may for the purpose of enabling them to exercise their functions acquire and dispose of land.]

Textual Amendments

F39 Words in s. 38(1) added (retrospectively) by National Lottery (Funding of Endowments) Act 2003 (c. 23), s. 1(5)(9)

F40 S. 38(3) inserted (2.9.1998) by 1998 c. 22, ss. 14(1), 27(5).

39 Accounts. U.K.

(1) The Charities Board shall—

(a) keep proper accounts and proper records in relation to the accounts, and

(b) prepare a statement of accounts in respect of each financial year.

(2) The statement shall 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 the statement shall be sent to the Secretary of State and the Comptroller and Auditor General within such period after the end of the financial year to which the statement relates as the Secretary of State may direct.

(4) The Comptroller and Auditor General shall examine, certify and report on the statement and shall lay copies of the statement and of his report before Parliament.

(5) The Secretary of State shall not give a direction under this section without the Treasury’s approval.

The Millennium Commission U.K.

40 The Millennium Commission. U.K.

(1) There shall be a body corporate known as the Millennium Commission.

(2) Schedule 6 makes provision in relation to the Millennium Commission.

41 Grants in respect of projects. U.K.

(1) The Millennium Commission may make out of any money they receive grants to fund or assist in the funding of such projects as the Millennium Commission consider appropriate to mark the year 2000 and the beginning of the third millennium [F41 (including grants for establishing or contributing to endowments in connection with such projects)].

(2) In making a grant under this section, the Millennium Commission may impose such conditions as they think fit, including conditions requiring the amount of a grant to be repaid forthwith on breach of any condition.

(3) The Millennium Commission may do anything that they consider desirable for enabling them to determine the projects in respect of which grants under this section are to be made.

Textual Amendments

F41 Words in s. 41(1) added (retrospectively) by National Lottery (Funding of Endowments) Act 2003 (c. 23), s. 1(6)(9)

42 Annual report. U.K.

(1) As soon as possible after the end of every financial year, the Millennium Commission shall lay before Parliament a report on the exercise of their functions during that year.

(2) The report shall set out any directions given to the Millennium Commission under section 26 that had effect during the financial year to which the report relates.

43 Accounts. U.K.

(1) The Millennium Commission shall—

(a) keep proper accounts and proper records in relation to the accounts, and

(b) prepare a statement of accounts in respect of each financial year.

(2) The statement shall 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 the statement shall be sent to the Comptroller and Auditor General within such period after the end of the financial year to which the statement relates as the Secretary of State may direct.

(4) The Comptroller and Auditor General shall examine, certify and report on the statement and shall lay copies of the statement and of his report before Parliament.

(5) The Secretary of State shall not give a direction under this section without the Treasury’s approval.

[F42 The New Opportunities Fund] U.K.

Textual Amendments

F42 Crossheading and ss. 43A-43D inserted (2.7.1998) by 1998 c. 22, ss. 7(2), 27(4)

[F43 F44 43A The New Opportunities Fund. U.K.

(1) There shall be a body corporate known as the New Opportunities Fund.

(2) Schedule 6A makes provision in relation to the New Opportunities Fund.

Textual Amendments

F43 Crossheading and ss. 43A-43D inserted (2.7.1998) by 1998 c. 22, ss. 7(2), 27(4)

F44 Ss. 43A-43D inserted (2.7.1998) by 1998 c. 22, ss. 7(2), 27(4)

F45 43B Functions of the New Opportunities Fund. U.K.

(1) The New Opportunities Fund—

(a) may make grants out of any money they receive to fund or assist in the funding of projects, or

(b) may make or enter into arrangements,

which are designed to give effect to such initiatives concerned or connected with health, education or the environment as may from time to time be specified in an order made by the Secretary of State.

(2) In making a grant under this section, the New Opportunities Fund may impose such conditions as they think fit, including conditions requiring the amount of a grant to be repaid forthwith on breach of any condition.

(3) The New Opportunities Fund may do anything that they consider desirable for enabling them to determine—

(a) the projects in respect of which grants under this section are to be made; or

(b) the arrangements which are to be made or entered into under this section.

(4) The New Opportunities Fund may for the purpose of enabling them to exercise their functions acquire and dispose of land.

Textual Amendments

F45 Ss. 43A-43D inserted (2.7.1998) by 1998 c. 22, ss. 7(2), 27(4)

F46 43C Provisions supplemental to section 43B. U.K.

(1) In exercising their functions under section 43B the New Opportunities Fund shall comply with any directions given to them by the Secretary of State.

(2) The Secretary of State shall consult the New Opportunities Fund before giving any directions to them under this section.

(3) An initiative may be so framed that it applies—

(a) throughout the whole of the United Kingdom; or

(b) in one or more areas of the United Kingdom.

(4) Before making an order under section 43B in respect of a particular initiative the Secretary of State shall consult such persons as appear to him to be appropriate.

(5) Before revoking an order under section 43B the Secretary of State shall consult the New Opportunities Fund.

(6) Any reference in this section to an initiative is a reference to an initiative specified in an order made under section 43B.

(7) The report for any financial year of the New Opportunities Fund under section 34 shall set out any directions given to the Fund under this section that had effect during that year.

Textual Amendments

F43 Crossheading and ss. 43A-43D inserted (2.7.1998) by 1998 c. 22, ss. 7(2), 27(4)

F46 Ss. 43A-43D inserted (2.7.1998) by 1998 c. 22, ss. 7(2), 27(4)

Modifications etc. (not altering text)

C17 S. 43C(1) (as read with s. 43CC(2)(b)): transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

S. 43C(1) (as read with s. 43CC(2)(a)): functions amended (1.7.1999) by S.I. 1999/1750, arts. 1(1), 4, Sch. 3 (with art. 7); S.I. 1998/3178, art. 3

S. 43C(1): certain functions made exercisable by the National Assembly for Wales concurrently with the Secretary of State (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C18 S. 43C(2): transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

S. 43C(2): certain functions made exercisable by the National Assembly for Wales concurrently with the Secretary of State (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C19 S. 43C(4): transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

S. 43C(4): transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C20 S. 43(5): transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

S. 43C(5): transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Yn ddilys o 30/06/1999

[F47 43CC Directions to New Opportunities Fund in or as regards Scotland U.K.

(1) The function of the Secretary of State to give directions under section 43C(1) may be exercised separately.

(2) Directions given to the New Opportunities Fund under section 43C(1) may be made–

(a) to apply to the whole of the United Kingdom and provide for all matters other than those to be provided specifically for Scotland in accordance with subsection (3); or

(b) to apply only to Scotland and provide for the matters specified in subsection (3).

(3) Directions given in accordance with subsection (2)(b) may, as regards any initiative relating to a purpose which does not concern reserved matters, provide for priorities and other matters to be taken into account in determining the projects which may be funded or the arrangements which may be made or entered into to give effect to any initiative applying in Scotland and in determining, conditions of grant for the purpose of specific cases, but may not provide for–

(a) the total allocation of resources to Scotland or between Scotland and other parts of the United Kingdom; or

(b) except in relation to any initiative specified in an order made under section 43B which applies only in Scotland, the general conditions subject to which grant is made money is distributed in accordance with directions applying to the whole of the United Kingdom.]]

Textual Amendments

F43 Crossheading and ss. 43A-43D inserted (2.7.1998) by 1998 c. 22, ss. 7(2), 27(4)

F47 S. 43CC inserted (30.6.1999) by S.I. 1999/1756, arts. 1(1), 2, Sch. para. 15(10) (with art. 8); S.I. 1998/3178, art. 3

F48 43D Accounts. U.K.

(1) The New Opportunities Fund shall—

(a) keep proper accounts and proper records in relation to the accounts, and

(b) prepare a statement of accounts in respect of each financial year.

(2) The statement shall 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 the statement shall be sent to the Secretary of State and the Comptroller and Auditor General within such period after the end of the financial year to which the statement relates as the Secretary of State may direct.

(4) The Comptroller and Auditor General shall examine, certify and report on the statement and shall lay copies of the statement and of his report before Parliament.

(5) The Secretary of State shall not give a direction under this section without the Treasury’s approval.

Textual Amendments

F48 Ss. 43A-43D inserted (2.7.1998) by 1998 c. 22, ss. 7(2), 27(4)

Supplementary U.K.

44 Interpretation of Part II. U.K.

(1) In this Part—

• “charitable expenditure” means expenditure—

  (a)

  by charities, or

  (b)

  by institutions, other than charities, that are established for charitable purposes (whether or not those purposes are charitable within the meaning of any rule of law), benevolent purposes or philanthropic purposes;

• “the Charities Board” means the National Lottery Charities Board;

• “the Distribution Fund” means the National Lottery Distribution Fund;

• [F49 “education” includes training and the provision of activities for children;

• [F50 “endowment” includes permanent endowment;]

• “the environment” includes the living and social environment;]

• “expenditure on or connected with the national heritage” [F51 means expenditure for any purpose for which expenditure may be incurred under section 3, 3A or 4 of the National Heritage Act 1980]

• “financial year”, in relation to a body, means—

  (a)

  the period beginning with the date on which the body is established and ending with the next 31st March, and

  (b)

  each successive period of twelve months ending with 31st March.

• [F52 “joint scheme” means a joint scheme under section 25B;]

(2) For the purposes of the definition of “expenditure on or connected with the national heritage” in subsection (1), any reference in section 3 [F53 3A or 4]of the National Heritage Act 1980 to the opinion of the Trustees shall be read, in relation to any body other than the Trustees of the National Heritage Memorial Fund that is for the time being specified in section 23(3), as a reference to the opinion of that body.

[F54 (3) A project or arrangement shall be regarded for the purposes of this Part as concerned or connected with health, education or the environment notwithstanding that it contains incidental provision—

(a) which is not concerned or connected with any of those matters; but

(b) which is necessary or expedient for the purposes of the project or arrangement.]

[F55 (4) Any reference in this Part to the distribution of money shall be construed as including the making or entering into of arrangements in accordance with section 25(1A) or 43B; and related expressions used in this Part shall be construed accordingly.]

Textual Amendments

F49 Definitions in s. 44(1) inserted (2.7.1998 with application in relation to sums paid into the National Lottery Distribution Fund under s. 21(2) on or after 14.10.1997) by 1998 c. 22, s. 6(8)(9).

F50 Words in s. 44(1) inserted (retrospectively) by National Lottery (Funding of Endowments) Act 2003 (c. 23), s. 1(8)(9)

F51 Words in s. 44(1) substituted (4.3.1998) by 1997 c. 14, s. 3, Sch. Pt. I para. 5(a); S.I. 1998/292, art. 2

F52 Definition in s. 44(1) inserted (2.7.1998) by 1998 c. 22, s. 12(2).

F53 Words in s. 44(2) inserted (4.3.1998) by 1997 c. 14, s. 3, Sch. Pt. I para. 5(b); S.I. 1998/292, art. 2

F54 S. 44(3) inserted (2.7.1998) by 1998 c. 22, s. 8(2).

F55 S. 44(4) inserted (2.7.1998) by 1998 c. 22, s. 9(2).