Dormant Bank and Building Society Accounts Act 2008

22 Directions to Big Lottery Fund U.K.

(1) In exercising any of its functions under this Act the Big Lottery Fund shall comply with any direction given to it under this section.

(2) Subject to subsection (5), the power to give a direction under this section is exercisable by the [F1 Secretary of State].

(3) A direction under this section may, in particular—

(a) specify matters to be taken into account in determining the persons to whom the Fund distributes money;

(b) specify purposes for which (or matters to be taken into account in determining the purposes for which) the Fund may or may not distribute money;

(c) relate to the process used to determine what payments to make;

(d) relate to—

(i) the terms and conditions on which the Fund makes grants or loans, or

(ii) other arrangements under section 16(3).

(4) A direction under this section may, in particular—

(a) relate to arrangements under section 25;

(b) relate to the management and control of money received by the Fund;

(c) relate to the employment of staff;

(d) relate to the form of accounts or methods and principles for the preparation of accounts;

(e) in so far as it relates to a matter specified in paragraphs (a) to (d)—

(i) relate to the persons to whom or the terms on which the Fund delegates functions;

(ii) require the Fund to obtain the [F2 Secretary of State’s] consent before taking action of a specified kind;

(iii) require the Fund to provide information to the [F3 Secretary of State].

(5) A direction under this section may not be given by the [F4 Secretary of State] in relation to Welsh, Scottish or Northern Ireland expenditure, but—

(a) may be given by the Welsh Ministers in relation to Welsh expenditure;

(b) may be given by the Scottish Ministers in relation to Scottish expenditure;

(c) may be given by the Department of Finance and Personnel in Northern Ireland in relation to Northern Ireland expenditure.

This subsection does not apply to a direction given by virtue only of subsection (4).

(6) A direction under this section may not be inconsistent with —

(a) section 16(1), or

(b) [F5 section 18 or] an order under section [F6 18A,] 19, 20 or 21 (whichever is applicable).

(7) Any minister, ministers or department proposing to give a direction under this section must consult the Big Lottery Fund before doing so.

(8) The power of the Fund to appoint staff under paragraph 6 of Schedule 4A to the National Lottery etc. Act 1993 (c. 39), or to make payments under paragraph 18 of that Schedule (remuneration etc), has effect subject to any directions under subsection (4)(c).

Textual Amendments

F1 Words in s. 22(2) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 20(2)(c) (with art. 12)

F2 Words in s. 22(4)(e)(ii) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 20(3) (with art. 12)

F3 Words in s. 22(4)(e)(iii) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 20(2)(c) (with art. 12)

F4 Words in s. 22(5) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 20(2)(c) (with art. 12)

F5 Words in s. 22(6)(b) omitted (6.6.2022 with effect in accordance with s. 29(3) of the amending Act) by virtue of Dormant Assets Act 2022 (c. 5), ss. 29(2)(b), 34(3) (with s. 29(3)); S.I. 2022/582, reg. 2

F6 Word in s. 22(6)(b) inserted (6.6.2022 with effect in accordance with s. 29(3) of the amending Act) by Dormant Assets Act 2022 (c. 5), ss. 29(2)(b), 34(3) (with s. 29(3)); S.I. 2022/582, reg. 2

Commencement Information

I1 S. 22 in force at 12.3.2009 by S.I. 2009/490, art. 2