Scottish Statutory Instruments
2000 No. 78
NATIONAL LOTTERY
The National Lottery etc. Act 1993 (Amendment of Section 23) (Scotland) Order 2000
Made 16th March 2000
Laid before the Scottish Parliament 17th March 2000
Coming into force 7th April 2000

The Scottish Ministers, in exercise of the powers conferred upon them by section 29 of the National Lottery etc. Act 1993 and of all other powers enabling them in that behalf, and with the agreement of the Secretary of State, hereby make the following Order:
1993 c. 39; relevant modifications are contained in the Scotland Act 1998 (Modification of Functions) Order 1999 (S.I. 1999/1756). The functions of the Secretary of State were transferred in certain circumstances to the Scottish Ministers, by virtue of the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750), article 2 and Schedule 1.
The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999, article 2 and Schedule 1, provides that, in respect of the functions under section 29 of the 1993 Act, as read with section 29(6)(c) and (d) of that Act, they should be exercisable by the Scottish Ministers with the agreement of the Secretary of State.

Citation, commencement and extent
1. (1) This Order may be cited as the National Lottery etc. Act 1993 (Amendment of Section 23) (Scotland) Order 2000 and shall come into force on 7th April 2000.
(2) This Order extends to Scotland only.

Amendment of section 23(1) of the National Lottery etc. Act 1993
2. (1) Section 23(1) of the National Lottery etc. Act 1993 (sums paid into the Distribution Fund and allocated for expenditure on or connected with the arts to be held for distribution by certain bodies) shall be amended as follows.
Section 23(1) was amended by S.I. 1994/1342, 1995/2088, 1996/3095 and 1999/2090.
(2) In paragraph (b) (proportion of such sums so allocated to be held for distribution by the Scottish Arts Council), for “8.9 per cent.” there shall be substituted “7.74 per cent.”.
(3) In paragraph (d), the word “and” shall be omitted, and at the end of paragraph (e) there shall be inserted–

“, and
(f) as to 1.16 per cent, for distribution by Scottish Screen.”.

Transfer of unspent balances to Scottish Screen
3. On 1st April 2000 the sum of £2,358,000 that, apart from this Order, would be held in the Distribution Fund for distribution by the Scottish Arts Council shall be so held for distribution by Scottish Screen.
Sam Galbraith
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
16th March 2000
I agree.
Chris Smith
Secretary of State for Culture, Media and Sport
14th March 2000

(This note is not part of the Order)
Section 23 of the National Lottery etc. Act 1993 specifies the bodies that are to distribute sums paid into the National Lottery Distribution Fund. Subsection (1) of that section deals with sums paid into that fund and allocated for expenditure on or connected with the arts.
Article 2 adds Scottish Screen to the list of distributing bodies in section 23(1). It also provides that 1.16 per cent of the sums paid into the Distribution Fund and allocated for expenditure on or connected with the arts is to be held for distribution by Scottish Screen. The percentage held for distribution by the Scottish Arts Council is adjusted by a corresponding amount.
Article 3 transfers the unspent balance of the Scottish Art Council’s film budget as at 1st April 2000 to Scottish Screen.