National Lottery etc. Act 1993

Section 40.

SCHEDULE 6 The Millennium Commission

Membership

1 (1) The Millennium Commission shall consist of nine members appointed by Her Majesty on the recommendation of the Prime Minister, of whom—

(a) two shall be Ministers of the Crown, and

(b) one shall be a person nominated by the Leader of the Opposition.

(2) Her Majesty shall, on the recommendation of the Prime Minister, appoint one of the members who are Ministers of the Crown to be chairman.

(3) In this paragraph “the Leader of the Opposition” means the member of the House of Commons who is the leader in that House of the party in opposition to Her Majesty’s Government that has the greatest numerical strength in that House.

(4) If any doubt arises (whether in relation to this paragraph or in relation to paragraph 5) as to—

(a) who is or was the Leader of the Opposition at any time, or

(b) which is or was the party in opposition to Her Majesty’s Government that has or had the greatest numerical strength in the House of Commons at any time,

the question shall be decided by the Speaker of the House of Commons, whose decision shall be final.

2 (1) Subject to sub-paragraph (2), after 31st December 2000 the Secretary of State may by order—

(a) reduce the total number of members of the Millennium Commission for the time being specified in paragraph 1(1);

(b) substitute the following for paragraph 1(1)(a)—

“(a) one shall be a Minister of the Crown, and”.

(2) An order under sub-paragraph (1) shall not—

(a) reduce the total number of members of the Millennium Commission to less than three, or

(b) result in more than one third of the members being Ministers of the Crown.

Tenure of office

3 Subject to paragraphs 4 and 5, a person shall hold and vacate office as chairman or a member of the Millennium Commission in accordance with the terms of his appointment.

4 (1) A chairman or member may at any time resign his office by notice in writing addressed to Her Majesty.

(2) Her Majesty may remove a person from office as a member on the ground that—

(a) he has been absent from meetings of the Millennium Commission for a period longer than three consecutive months without the Commission’s consent,

(b) a bankruptcy order has been made against him or his estate has been sequestrated or he has made a composition or arrangement with, or granted a trust deed for, his creditors, or

(c) he is unable or unfit to discharge the functions of a member.

(3) If a chairman ceases to be a member he shall also cease to be chairman.

(4) A person who ceases to be a member, otherwise than by virtue of sub-paragraph (2), or ceases to be chairman shall be eligible for re-appointment.

5 The member referred to in paragraph 1(1)(b) shall cease to hold office if the party by the leader of which he was nominated ceases to be the party in opposition to Her Majesty’s Government that has the greatest numerical strength in the House of Commons.

Allowances

6 The Millennium Commission may pay such travelling and other allowances to their members as the Secretary of State may, with the Treasury’s approval, determine.

Staff

7 (1) The Millennium Commission may appoint such staff as they may determine with the Secretary of State’s approval as to numbers and terms and conditions of service.

(2) The Millennium Commission may with the Secretary of State’s approval—

(a) pay such pensions, allowances or gratuities to or in respect of any persons who have been or are members of their staff as they may determine;

(b) make such payments as they may determine towards the provision of pensions, allowances or gratuities to or in respect of any such persons;

(c) provide and maintain such schemes as they may determine (whether contributory or not) for the payment of pensions, allowances or gratuities, to or in respect of any such persons.

(3) Any reference in sub-paragraph (2) to pensions, allowances or gratuities to or in respect of any such persons as are mentioned in that sub-paragraph includes pensions, allowances or gratuities by way of compensation to or in respect of any members of the Millennium Commission’s staff who suffer loss of office or employment.

(4) The Secretary of State shall not give an approval under this paragraph without the Treasury’s consent.

Proceedings

8 (1) Subject to the provisions of this Schedule, the Millennium Commission may regulate their own procedure (and in particular may specify a quorum for meetings).

(2) The validity of any proceedings of the Millennium Commission shall not be affected by any vacancy among their members, or by any defect in the appointment of any person as a member.

Application of seal and evidence

9 The application of the seal of the Millennium Commission shall be authenticated by the signature—

(a) of any member of the Millennium Commission, or

(b) of any other person who has been authorised by the Millennium Commission (whether generally or specially) for that purpose.

10 A document purporting to be duly executed under the seal of the Millennium Commission or to be signed on their behalf shall be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

Finance

11 Until such time as the Secretary of State considers that the sums paid to the Millennium Commission under section 24 are sufficient to enable them to meet under section 25(3) the expenses incurred by them in exercising their functions under this Act, he shall pay to the Millennium Commission such sums as are necessary to defray those expenses.

Status of the Millennium Commission

12 The Millennium Commission shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

13 In Schedule 1 to the [1958 c. 51.] Public Records Act 1958 (definition of public records), the following entry shall be inserted at the appropriate place in Part II of the Table at the end of paragraph 3— “Millennium Commission.