2012 No. 964
Public Bodies

The Public Bodies (Abolition of the National Endowment for Science, Technology and the Arts) Order 2012

Made
Coming into force
The Secretary of State for Business, Innovation and Skills makes the following Order in exercise of the powers conferred by sections 1(1), 6(1) and (5) and 35(2) of the Public Bodies Act 20111 (“the Act”).

The Secretary of State considers that this Order—

(a)

serves the purpose of improving the exercise of public functions, having had regard to the factors set out in section 8(1) of the Act; and

(b)

does not remove any necessary protection or prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise.

The consent of the Scottish Parliament and the consent of the Northern Ireland Assembly have, so far as required, been obtained in accordance with section 9(1) and (3) of the Act.

The Secretary of State has consulted in accordance with section 10 of the Act.

The Secretary of State has consulted the Welsh Ministers in accordance with section 63(1) of the Government of Wales Act 20062.

A draft of this Order and an explanatory document containing the information required in section 11(2) of the Act have been laid before Parliament in accordance with section 11(1) after the end of the period of twelve weeks mentioned in section 11(3). In accordance with section 11(4) of the Act, the draft of this Order has been approved by a resolution of each House of Parliament after the expiry of the 40-day period referred to in that provision.

Citation and commencement1.

(1)

This Order may be cited as the Public Bodies (Abolition of the National Endowment for Science, Technology and the Arts) Order 2012.

(2)

Subject to paragraph (3), this Order shall come into force on 1st April 2012 or, if the Order is made on or after 1st April 2012, 28 days after the day on which it is made.

(3)

Article 3(2) shall come into force on the day after that on which the other provisions of this Order come into force.

Abolition2.

The National Endowment for Science, Technology and the Arts, which was established by section 16 of the National Lottery Act 19983, is abolished.

Amendments3.

(1)

The consequential amendments and revocation which are set out in the Schedule shall have effect.

(2)

In Schedule 1 to the Public Bodies Act 2011, the entry relating to the National Endowment for Science, Technology and the Arts is omitted.

David Willetts
Minister of State for Universities and Science
Department for Business, Innovation and Skills

SCHEDULECONSEQUENTIAL AMENDMENTS

Article 3(1)

Legislation

Provision

Amendment

Parliamentary Commissioner Act 19674

Schedule 2

Omit “National Endowment for Science, Technology and the Arts”.

House of Commons Disqualification Act 19755

Part III of Schedule 1

Omit the entry relating to the Chairman and other members of the National Endowment for Science, Technology and the Arts.

Northern Ireland Assembly Disqualification Act 19756

Part III of Schedule 1

Omit the entry relating to the Chairman and other members of the National Endowment for Science, Technology and the Arts.

Finance Act 19827

Section 129(1)

Omit “or to the National Endowment for Science, Technology and the Arts”.

Inheritance Tax Act 19848

Schedule 3

Omit “The National Endowment for Science, Technology and the Arts”.

Finance Act 19869

Section 90(7)

Omit paragraph (e) and the preceding “or”.

Taxation of Chargeable Gains Act 199210

Section 271(7)

After “Historic Buildings and Monuments Commission for England” insert “and”.

Omit “and the National Endowment for Science, Technology and the Arts”.

National Lottery etc Act 199311

Section 22

For subsection (4) substitute - “(4) This section has effect subject to section 25 of the Horserace Betting and Olympic Lottery Act 2004.”

National Lottery Act 199812

Part II

Omit Part II (including Schedule 4).

Freedom of Information Act 200013

Part VI of Schedule 1

Omit the entry relating to the National Endowment for Science, Technology and the Arts.

Finance Act 200314

Section 69

Omit paragraph (b).

Income Tax (Trading and Other Income) Act 200515

Section 108(4)

Omit paragraph (e).

Section 620(5)

In the definition of “charity” –

  1. (a)

    insert “and” after paragraph (a); and

  2. (b)

    omit paragraph (c) and the preceding “and”.

Section 628(6)

In the definition of “charity” –

  1. (a)

    insert “and” after paragraph (a); and

  2. (b)

    omit paragraph (c) and the preceding “and”.

National Endowment for Science, Technology and the Arts (Increase of Endowment) Order 200616

Revoke.

Income Tax Act 200717

Section 430(1)

Insert “and” after paragraph (a).

Omit paragraph (c) and the preceding “and”.

Section 446

Insert “and” after paragraph (a).

Omit paragraph (c) and the preceding “and”.

Corporation Tax Act 200918

Section 105(4)

Insert “and” after paragraph (a).

Omit paragraph (c) and the preceding “and”.

Corporation Tax Act 201019

Section 202

Insert “or” at the end of paragraph (c).

Omit paragraph (e) and the preceding “or”.

Section 217

Insert “or” after paragraph (b). Omit paragraph (d) and the preceding “or”.

Section 468

Insert “and” after paragraph (c).

Omit paragraph (e) and the preceding “and”.

EXPLANATORY NOTE
(This note is not part of the Order)

The National Endowment for Science, Technology and the Arts (“NESTA”) was established by the National Lottery Act 1998. This Order abolishes NESTA using powers contained in the Public Bodies Act 2011.

A full economic impact assessment has been produced for this Order by the Department for Business, Innovation and Skills and is annexed to the Explanatory Document for this Order on www.legislation.gov.uk.