26A Directions to distributing bodies in or as regards Scotland
(1) The functions of the Secretary of State–
(a) under section 26(1), (3), (3A) (4) and (5) shall, as regards directions to–
(i) any body specified in section 23(1) whose functions exclusively or mainly relate to the am in Scotland; or
(ii) any body specified in section 23(2) 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 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.
27 Power to prohibit distribution in certain cases.
(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 the Companies Act 2006 or a company to which any provisions of the Companies Acts (as defined in section 2(1) of that Act) apply as they apply to a company so formed and registered, and
(b) “wholly-owned subsidiary” has the meaning given by section 1159 of that Act .
(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 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.
(9) The function of the Secretary of State–
(a) under subsection (1) to prohibit a body from distributing money; or
(b) under subsection (8) to require information,
may, in relation to–
(i) any body specified in section 23(1) whose functions exclusively or mainly relate to the arts in Scotland; or
(ii) any body specified in section 23(2) whose functions exclusively or mainly relate to sport in Scotland,
be exercised separately.
(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.
(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.
(6) The functions of the Secretary of State under this section shall, in so far as they relate to–
(a) substitution of a different body for, or addition of another body to, the body specified in section 23(3) or (4) or omission of a body specified in either of those subsections; or
(b) substitution of a different percentage for the total aggregate percentage specified as held in the Distribution Fund for–
(i) any body or bodies specified in section 23(1) whose functions exclusively or mainly relate to the arts in Scotland, or
(ii) any body or bodies specified in section 23(2) whose functions exclusively or mainly relate to sport in Scotland;
(c) substitution of a different body for, or addition of another body to, any such body specified in section 23(1) or (2) as is mentioned in paragraph (b) above or omission of any such body specified in section 23(1) or (2); or
(d) where more than one such body is specified in section 23(1) or (2), specification of the particular percentage held in the Distribution Fund for distribution by any one of those bodies,
be treated as exercisable in or as regards Scotland and may be exercised separately.
(1) This section applies where money is—
(a) allocated for a purpose under section 22(3), and
(b) held for distribution by a body under section 23.
(2) The Secretary of State may by order provide for the money to be held for distribution by a different body specified in the order (without altering the purpose for which the money is allocated).
(3) Before making an order under this section the Secretary of State shall consult—
(a) each body mentioned in the order,
(b) the National Assembly for Wales,
(c) the Scottish Ministers,
(d) the Northern Ireland Department of Culture, Arts and Leisure, and
(e) such other persons (if any) as he thinks appropriate.
31 Payments from Distribution Fund in respect of expenses.
(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—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(aa) meeting payments made or to be made under paragraph 10 of Schedule 4 to the Gambling Act 2005, so far as those payments relate to expenses of the Gambling Commission incurred or to be incurred in exercising its relevant functions ,
(b) defraying expenses incurred or to be incurred by the Secretary of State or the Minister for the Cabinet Office 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.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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).
(5) In subsection (2)(aa) “relevant functions” means functions conferred or imposed under or by virtue of—
(a) a provision of this Act other than section 10C,
(b) Part 3 of the Horserace Betting and Olympic Lottery Act 2004, and
(c) section 6(2) of the National Lottery Act 2006.
(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 treated as if paid into the Fund by virtue of section 5(6).
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
33 Accounts of the Secretary of State and National Debt Commissioners.
(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.
(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 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.
(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.
(2A) The report shall set out the body's policy and practice in relation to the principle that proceeds of the National Lottery should be used to fund projects, or aspects of projects, for which funds would be unlikely to be made available by—
(a) a Government department,
(b) the Scottish Ministers,
(c) a Northern Ireland department, or
(d) the National Assembly for Wales.
(3) The Secretary of State shall lay a copy of every report received by him under this section before Parliament.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) The functions of the Secretary of State under this section shall, in so far as they relate to any body other than–
(a) 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
(b) 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.
(6) Where a report is made under subsection (1) to the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998), the Scottish Ministers shall lay a copy of the report before the Scottish Parliament.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
35 Accounts of distributing bodies other than the Big Lottery Fund .
(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 Big Lottery Fund .
(8) The functions of the Secretary of State–
(a) under subsection (3) to give directions shall, in so far as they relate to–
(i) any body specified in section 23(1) whose functions exclusively or mainly relate to the arts in Scotland; or
(ii) any body specified in section 23(2) whose functions exclusively or mainly relate to sport in Scotland; and
(b) under subsection (4) to receive copies of the statement shall, in so far as they relate to 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.
(1) The Big Lottery Fund may make grants or loans, or make or enter into other arrangements, for the purpose of complying with section 25(1).
(2) A grant or loan may be subject to conditions (which may, in particular, include conditions as to repayment with interest).
(3) The Secretary of State may by order make provision limiting the amounts distributed under subsection (1).
(4) An order under subsection (3) may in particular—
(a) specify a maximum amount that may be distributed during a specified period for expenditure of a description prescribed under section 22(3A);
(b) specify a minimum amount that must be distributed during a specified period for expenditure of a description prescribed under section 22(3A);
(c) make provision by reference to the aggregate of amounts distributed, to a percentage of amounts available for distribution or otherwise;
(d) make provision (which may, in particular, confer a power on the Fund) for the treatment of expenditure which satisfies more than one prescribed description.
(5) Before making an order under subsection (3) the Secretary of State shall consult—
(a) the Fund,
(b) the National Assembly for Wales,
(c) the Scottish Ministers,
(d) the Northern Ireland Department of Culture, Arts and Leisure, and
(e) such other persons (if any) as he thinks appropriate.
(1) The Fund may enter into an arrangement with a person under which—
(a) the person pays money to the Fund, and
(b) the Fund distributes the money to a third party.
(2) An arrangement under subsection (1) may, in particular—
(a) identify the third party, or
(b) otherwise limit the Fund's freedom of action in relation to the distribution of the money paid under the arrangement.
(3) The Fund shall distribute money received under subsection (1) for meeting expenditure that is—
(a) charitable,
(b) connected with health,
(c) connected with education, or
(d) connected with the environment.
(4) The reference in subsection (3) to the distribution of money received under subsection (1) is a reference to doing anything of a kind that the Fund can do under section 36B.
(5) A reference in this Act to payment under section 25(1) shall include a reference to payment under subsection (3) above.
The Big Lottery Fund may give advice about—
(a) the distribution of money under any provision of this Act;
(b) inviting, making or considering applications for grants and loans under any provision of this Act;
(c) the use of money paid under any provision of this Act.
(1) In exercising any of its functions the Big Lottery Fund shall comply with any direction given to it by the Secretary of State (subject to subsection (4))
(2) A direction under this section may, in particular, specify matters to be taken into account in determining the person to whom, the purposes for which and the conditions subject to which the Fund distributes money.
(3) A direction under this section may, in particular —
(a) relate to the management and control of money received by the Fund;
(ab) relate to the employment of staff;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) with the consent of the Treasury, relate to—
(i) the form of accounts, or
(ii) methods and principles for the preparation of accounts;
(d) in so far as it relates to a matter specified in paragraphs (a) to (c) —
(i) relate to the persons to whom or the terms on which the Fund delegates functions;
(ii) require the Fund to obtain the Secretary of State's consent before taking action of a specified kind;
(iii) require the Fund to provide information to the Secretary of State.
(4) A direction under this section, other than a direction given by virtue only of subsection (3), may not be given by the Secretary of State in relation to Welsh, Scottish or Northern Ireland devolved expenditure, but—
(a) may be given by the National Assembly for Wales in relation to Welsh devolved expenditure,
(b) may be given by the Scottish Ministers in relation to Scottish devolved expenditure, and
(c) may be given by the Northern Ireland Department of Culture, Arts and Leisure in relation to Northern Ireland devolved expenditure.
(5) Before giving a direction under this section, other than by virtue only of subsection (3), the Secretary of State shall consult—
(a) the Fund,
(b) the National Assembly for Wales,
(c) the Scottish Ministers, and
(d) the Northern Ireland Department of Culture, Arts and Leisure.
(6) But subsection (5)(b) to (d) shall not apply to a direction which relates only to English devolved expenditure.
(7) Before giving a direction to the Fund by virtue only of subsection (3) the Secretary of State shall consult the Fund.
(8) Before giving a direction to the Fund by virtue of subsection (4)(a) to (c) the person giving the direction shall—
(a) consult the Fund, and
(b) obtain the consent of the Secretary of State .
(9) A report of the Fund under section 34 shall set out any directions given to the Fund under subsection (1) that had effect during the financial year to which the report relates.
(1) In this Part—
“charitable”, in relation to expenditure, means expenditure for a charitable, benevolent or philanthropic purpose.
...
“the Distribution Fund” means the National Lottery Distribution Fund;
“education” includes training and the provision of activities for children;
“endowment” includes permanent endowment;
“the environment” includes the living and social environment;
“expenditure on or connected with the national heritage” 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—
the period beginning with the date on which the body is established and ending with the next 31st March, and
each successive period of twelve months ending with 31st March.
“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 3A or 4of 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.
(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.
(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) ...; and related expressions used in this Part shall be construed accordingly.
(1) In section 1 of the Revenue Act 1898 (prohibition on the importation of advertisements and notices relating to lotteries) as it applies in the United Kingdom, after “importation” there shall be inserted “ from a place outside the British Islands and the member States ”.
(2) That section so far as it applies in the British Islands outside the United Kingdom shall cease to have effect.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) In Article 132(1) of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (general lottery offences)—
(a) in paragraph (d) (bringing or sending lottery tickets or advertisements into Northern Ireland) after “Northern Ireland” there shall be inserted “ from a place outside the British Islands and the member States ”, and
(b) in paragraph (f) (sending lottery proceeds etc. out of Northern Ireland) after “Northern Ireland” there shall be inserted “ to a place outside the British Islands and the member States ”.