National Lottery etc. Act 1993
[^key-08159e730ad0f7015039a3355cde9fb9]: Word in s. 3A heading substituted (1.10.2013) by The Public Bodies (Merger of the Gambling Commission and the National Lottery Commission) Order 2013 (S.I. 2013/2329), art. 1(2), Sch. para. 2(a) (with art. 8, Sch. para. 43)
[^key-42611db2b1c9e130407fde2dbb686edd]: Word in Sch. 2A heading substituted (1.10.2013) by The Public Bodies (Merger of the Gambling Commission and the National Lottery Commission) Order 2013 (S.I. 2013/2329), art. 1(2), Sch. para. 10(a) (with art. 8, Sch. para. 43)
[^key-35ccc2bcd365a349d2e1619f628bca62]: Sch. 2A paras. 1-8 omitted (1.10.2013) by virtue of The Public Bodies (Merger of the Gambling Commission and the National Lottery Commission) Order 2013 (S.I. 2013/2329), art. 1(2), Sch. para. 10(b) (with art. 8, Sch. para. 43)
[^key-9fd77fce3e9baf3f12ba5b5728746b5a]: Sch. 2A paras. 10-14 omitted (1.10.2013) by virtue of The Public Bodies (Merger of the Gambling Commission and the National Lottery Commission) Order 2013 (S.I. 2013/2329), art. 1(2), Sch. para. 10(b) (with art. 8, Sch. para. 43)
[^key-6abbbb20eb98c55c37bc841be40abd2a]: S. 4B(6) inserted (1.10.2013) by The Public Bodies (Merger of the Gambling Commission and the National Lottery Commission) Order 2013 (S.I. 2013/2329), art. 1(2), Sch. para. 4(d) (with art. 8, Sch. para. 43)
[^key-a30ee4c9853846597ce8f05074ea0373]: Word in s. 4B(1) substituted (1.10.2013) by The Public Bodies (Merger of the Gambling Commission and the National Lottery Commission) Order 2013 (S.I. 2013/2329), art. 1(2), Sch. para. 4(a) (with art. 8, Sch. para. 43)
[^key-1ea6fd6750cb47ee4100bea9e2f1ce0d]: Word in s. 4B(2) substituted (1.10.2013) by The Public Bodies (Merger of the Gambling Commission and the National Lottery Commission) Order 2013 (S.I. 2013/2329), art. 1(2), Sch. para. 4(a) (with art. 8, Sch. para. 43)
[^key-d25a4038be1acd831a743c7b6d98ee70]: Words in s. 4B(1) inserted (1.10.2013) by The Public Bodies (Merger of the Gambling Commission and the National Lottery Commission) Order 2013 (S.I. 2013/2329), art. 1(2), Sch. para. 4(b) (with art. 8, Sch. para. 43)
[^key-6a94bb31e38d434fb4fe587289d34b90]: Words in s. 4B(2) inserted (1.10.2013) by The Public Bodies (Merger of the Gambling Commission and the National Lottery Commission) Order 2013 (S.I. 2013/2329), art. 1(2), Sch. para. 4(c) (with art. 8, Sch. para. 43)
[^key-09d23853b34928ed7717bc9ed74d081d]: S. 14(2A) inserted (1.10.2013) by The Public Bodies (Merger of the Gambling Commission and the National Lottery Commission) Order 2013 (S.I. 2013/2329), art. 1(2), Sch. para. 7(b) (with art. 8, Sch. para. 43)
[^key-981616e50e69924c18b28c7bf2292920]: Word in s. 14(1) inserted (1.10.2013) by The Public Bodies (Merger of the Gambling Commission and the National Lottery Commission) Order 2013 (S.I. 2013/2329), art. 1(2), Sch. para. 7(a) (with art. 8, Sch. para. 43)
[^key-7204e2f93b34af3110cea40f006b4f98]: Words in s. 14(4) omitted (1.10.2013) by virtue of The Public Bodies (Merger of the Gambling Commission and the National Lottery Commission) Order 2013 (S.I. 2013/2329), art. 1(2), Sch. para. 7(c) (with art. 8, Sch. para. 43)
[^key-0cb248a1998567616a66d9d706f60e4e]: S. 3A(1) omitted (1.10.2013) by virtue of The Public Bodies (Merger of the Gambling Commission and the National Lottery Commission) Order 2013 (S.I. 2013/2329), art. 1(2), Sch. para. 2(b) (with art. 8, Sch. para. 43)
[^key-94e4851a99fe0e2756a992295859560d]: Word in s. 3A(2) inserted (1.10.2013) by The Public Bodies (Merger of the Gambling Commission and the National Lottery Commission) Order 2013 (S.I. 2013/2329), art. 1(2), Sch. para. 2(c) (with art. 8, Sch. para. 43)
[^key-9d831ca0637a83430d42c16a95e35561]: S. 4A repealed (1.10.2013) by The Public Bodies (Merger of the Gambling Commission and the National Lottery Commission) Order 2013 (S.I. 2013/2329), art. 1(2), Sch. para. 3 (with art. 8, Sch. para. 43)
[^key-fc97b000a1f77ada2907237a5f3d5105]: Word in s. 4C(1)(a) substituted (1.10.2013) by The Public Bodies (Merger of the Gambling Commission and the National Lottery Commission) Order 2013 (S.I. 2013/2329), art. 1(2), Sch. para. 5 (with art. 8, Sch. para. 43)
[^key-4daa50d4ecf978472a4a2fcc524ad66d]: Word in s. 4C(1)(b) substituted (1.10.2013) by The Public Bodies (Merger of the Gambling Commission and the National Lottery Commission) Order 2013 (S.I. 2013/2329), art. 1(2), Sch. para. 5 (with art. 8, Sch. para. 43)
[^key-1f113e4eaf391a58fcdd47b99e61e885]: Word in s. 20 substituted (1.10.2013) by The Public Bodies (Merger of the Gambling Commission and the National Lottery Commission) Order 2013 (S.I. 2013/2329), art. 1(2), Sch. para. 8 (with art. 8, Sch. para. 43)
[^key-34019b04b3986c6317be7832a9cf4296]: Words in s. 31(2)(aa) substituted (1.10.2013) by The Public Bodies (Merger of the Gambling Commission and the National Lottery Commission) Order 2013 (S.I. 2013/2329), art. 1(2), Sch. para. 9(a) (with art. 8, Sch. para. 43)
[^key-3888c773c7474f27fd98e65c024b16f5]: S. 31(5) inserted (1.10.2013) by The Public Bodies (Merger of the Gambling Commission and the National Lottery Commission) Order 2013 (S.I. 2013/2329), art. 1(2), Sch. para. 9(b) (with art. 8, Sch. para. 43)
[^key-ad10a5bde75474f8dd9f6e10bbe0dc74]: S. 5(6) applied (30.1.2015) by The Olympic Lottery Distribution Fund (Winding Up) Order 2015 (S.I. 2015/85), arts. 1, 5
[^key-da780c60f838aca9380ffda8d306557b]: S. 22 functions transferred (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), arts. 1(2), 10(2)(c) (with arts. 10(3), 11, 12)
[^key-5e3ba6af8012ed2eec4bad4d25fd36fb]: S. 34 functions transferred (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), arts. 1(2), 10(2)(c) (with arts. 10(3), 11, 12)
[^key-bb4307b732b9956eab71f07ddf0da2c5]: S. 36B functions transferred (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), arts. 1(2), 10(2)(c) (with arts. 10(3), 11, 12)
[^key-ed14168fbdfdda073b126c2f52d0f10d]: S. 36E functions transferred (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), arts. 1(2), 10(2)(c) (with arts. 10(3), 11, 12)
[^key-43fae2bd884d00406af6a1c2bfb8daa9]: Sch. 4A functions transferred (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), arts. 1(2), 10(2)(c) (with arts. 10(3), 11, 12)
[^key-f0a93406b0b645d1ded6b4e609d5157f]: Words in s. 25C(3)(a) omitted (9.11.2016) by virtue of The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 9(3) (with art. 12)
[^key-9ef806f04e6920a6ee1dd6363a19e156]: Words in Sch. 4A 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. 9(15)(a) (with art. 12)
[^key-087f9c9df642bbf522c515ebde872d74]: Words in s. 36E(1) 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. 9(7) (with art. 12)
[^key-f3410538727fe00c69f863acf98df62a]: S. 36E(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. 9(8) (with art. 12)
[^key-553392ae54dcf4bdcf0b456ed9f7dc57]: Words in s. 36E(3) 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. 9(9)(a) (with art. 12)
[^key-633c6cdc0e224fde443c3f16cac6834d]: S. 36E(3)(ab) inserted (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. 9(9)(b) (with art. 12)
[^key-b649b46de630f4fc0736b52ce708ddcb]: Words in s. 36E(3)(d) 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. 9(9)(c) (with art. 12)
[^key-a33ae6025ce17f1a1f84af14bd2637e1]: Words in s. 36E(4) 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. 9(10) (with art. 12)
[^key-56320880a873941130ff7418146eb768]: Words in s. 36E(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. 9(11) (with art. 12)
[^key-139c643d529dcebdae77108f8030d917]: Words in s. 36E(7) 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. 9(12) (with art. 12)
[^key-d9cecd1c54ec810842490b49286e8435]: Words in s. 36E(8)(b) 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. 9(13) (with art. 12)
[^key-9ab95502f0756bf3d0508701f881ced9]: Words in s. 22(3A) 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. 9(2) (with art. 12)
[^key-77ab2fbe5a79fbc787de6e7bfee40cc0]: Words in s. 22(3C) 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. 9(2) (with art. 12)
[^key-3bc184ece8d41862538f68bdcd98203f]: S. 34(7) omitted (9.11.2016) by virtue of The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 9(4) (with art. 12)
[^key-bdbb22dad87878ee09f8d7adf8f2d672]: Words in s. 36B(3) 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. 9(5) (with art. 12)
[^key-4df2d1b6d2f733e570b2ffdbcf3d5427]: Words in s. 36B(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. 9(5) (with art. 12)
[^key-43e3ca16f6454f703ed0966dd61ecf2b]: Words in s. 60(6) omitted (9.11.2016) by virtue of The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 9(14) (with art. 12)
[^key-b2e2e0df557e3085055f5a1409c33088]: Words in Sch. 4A para. 6 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. 9(15)(b) (with art. 12)
[^key-86cd29c5caaace9b5a7df1739df0d48e]: Words in Sch. 4A para. 18(1) 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. 9(15)(b) (with art. 12)
[^key-7213551fcfe6056d9d3beda27d464ecb]: S. 26(1) functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))
[^key-2b8df436a4917d7288753b8f3a6d908b]: S. 26(2) functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))
[^key-2eda3f857a927b69ab05078443404459]: S. 26(5) functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))
[^key-472a65bdc0cde8a83682eba1cec6c92f]: Words in s. 4C(5) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
[^key-632f22c3d76c4086d4c916147176e45e]: Words in s. 4C(4)(b) substituted (E.W.) (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
[^key-7210d7f858204adb9b861bd4f14bee87]: Words in s. 4C(5) substituted (E.W.) (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
Annual reports by distributing bodies ....
Private lotteries.
Registration of societies.
Offences.
Offences.
Powers of the Secretary of State to vary monetary limits and to prescribe or vary fees.
Reduction of age limit in relation to football pool betting.
Removal of prohibition on the use of premises for the delivery of football pools coupons and stakes.
Pool promoters’ dividends.
Pool promoters’ dividends.
Importation and exportation restrictions.
Private lotteries.
Registration of lottery schemes.
Offences.
Powers of the Secretary of State to vary monetary limits and to prescribe or vary fees.
Reduction of age limit in relation to football pool betting.
Pool promoters’ dividends.
Orders and regulations.
4A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Big Lottery Fund
36A
- (1) There shall be a body corporate known as the Big Lottery Fund.
- (2) Schedule 4A (which makes provision in relation to the Fund) shall have effect.
SCHEDULE 4A
Part 1 — Constitution
Membership
1
- (1) The Big Lottery Fund shall consist of between 9 and 12 members appointed by the Secretary of State .
- (2) The Secretary of State shall appoint one of the members as Chairman.
- (3) The Secretary of State shall ensure that at any time—
- (a) one of the members is appointed to represent the interests of England,
- (b) one of the members is appointed to represent the interests of Wales,
- (c) one of the members is appointed to represent the interests of Scotland, and
- (d) one of the members is appointed to represent the interests of Northern Ireland.
- (4) In complying with paragraphs (a) to (d) of sub-paragraph (3) the Secretary of State —
- (a) may not appoint a member for the purpose of satisfying more than one of those paragraphs,
- (b) may appoint the Chairman for the purpose of satisfying one of those paragraphs,
- (c) shall obtain the agreement of the National Assembly for Wales before appointing a person to satisfy paragraph (b),
- (d) shall obtain the agreement of the Scottish Ministers before appointing a person to satisfy paragraph (c), and
- (e) shall obtain the agreement of the Northern Ireland Department of Culture, Arts and Leisure before appointing a person to satisfy paragraph (d).
- (5) The Secretary of State may by order vary the number specified in sub-paragraph (1).
- (6) Before making an order under sub-paragraph (5) the Secretary of State shall consult—
- (a) the National Assembly for Wales,
- (b) the Scottish Ministers, and
- (c) the Northern Ireland Department of Culture, Arts and Leisure.
Tenure
2
A person shall hold and vacate office as Chairman or other member of the Fund in accordance with the terms of his appointment (subject to this Schedule).
3
The Chairman or another member may resign his office by notice in writing to the Secretary of State .
4
- (1) The Chairman or another member may be removed from office by the Secretary of State on the grounds that—
- (a) a bankruptcy order has been made against him or a debt relief order has been made in respect of him (under Part 7A of the Insolvency Act 1986), , his estate has been sequestrated or he has made a composition or arrangement with, or granted a trust deed for, his creditors, or
- (b) he is, in the opinion of the Secretary of State , unable, unfit or unwilling to discharge the functions of his office.
- (2) Before exercising the power under sub-paragraph (1) in respect of a person appointed for the purpose of satisfying paragraph 1(3)(b), (c) or (d) the Secretary of State shall consult—
- (a) the National Assembly for Wales, in the case of a person appointed for the purpose of satisfying paragraph 1(3)(b),
- (b) the Scottish Ministers, in the case of a person appointed for the purpose of satisfying paragraph 1(3)(c), and
- (c) the Northern Ireland Department of Culture, Arts and Leisure, in the case of a person appointed for the purpose of satisfying paragraph 1(3)(d).
5
A person who ceases, otherwise than by virtue of paragraph 4, to be Chairman or another member may be re-appointed.
Staff
6
The Fund may appoint staff (subject to any directions under section 36E(3)(ab) ).
Committees
7
- (1) The Fund shall establish—
- (a) a committee, chaired by the member appointed under paragraph 1(3)(a), for the purpose of exercising the Fund's functions in relation to English devolved expenditure,
- (b) a committee, chaired by the member appointed under paragraph 1(3)(b), for the purpose of exercising the Fund's functions in relation to Welsh devolved expenditure,
- (c) a committee, chaired by the member appointed under paragraph 1(3)(c), for the purpose of exercising the Fund's functions in relation to Scottish devolved expenditure, and
- (d) a committee, chaired by the member appointed under paragraph 1(3)(d), for the purpose of exercising the Fund's functions in relation to Northern Ireland devolved expenditure.
- (2) Before appointing the members of a committee established under sub-paragraph (1) the Fund shall obtain the consent of—
- (a) in the case of the committee concerned with England, the Secretary of State ;
- (b) in the case of the committee concerned with Wales, the National Assembly for Wales;
- (c) in the case of the committee concerned with Scotland, the Scottish Ministers;
- (d) in the case of the committee concerned with Northern Ireland, the Northern Ireland Department of Culture, Arts and Leisure.
- (3) A committee established under sub-paragraph (1) shall carry on its activities under such name as the committee may determine with the consent of the Secretary of State and—
- (a) in the case of the committee concerned with Wales, with the consent of the National Assembly for Wales;
- (b) in the case of the committee concerned with Scotland, with the consent of the Scottish Ministers;
- (c) in the case of the committee concerned with Northern Ireland, with the consent of the Northern Ireland Department of Culture, Arts and Leisure.
8
Nothing in paragraph 7 or section 25A(6) shall prevent the Fund from—
- (a) establishing a committee otherwise than in accordance with that paragraph or section, or
- (b) authorising a committee (whether or not established in accordance with that paragraph or section) to exercise a function of the Fund.
9
Section 25A(7) shall apply in relation to any committee of the Fund as it applies in relation to a committee established under section 25A(6).
Status
10
The Fund shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.
Supervision
11
In Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13) (departments, &c. subject to investigation) insert at the appropriate place— “ The Big Lottery Fund. ”
Disqualification
12
In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (other disqualifying offices) insert at the appropriate place— “ Chairman, or member in receipt of remuneration, of the Big Lottery Fund. ”
13
In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (other disqualifying offices) insert at the appropriate place— “ Chairman, or member in receipt of remuneration, of the Big Lottery Fund. ”
Part 2 — Proceedings
Self-regulation
14
The Fund may, subject to this Schedule, regulate its procedure and the procedure of its committees (and may, in particular, make provision for a quorum).
Records
15
In Schedule 1 to the 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— “ The Big Lottery Fund. ”
Saving
16
The validity of proceedings of the Fund or a committee shall not be affected by—
- (a) a vacancy among its members, or
- (b) a defect in the appointment of a person as Chairman or member.
Part 3 — Money
Remuneration, &c.
17
- (1) The Fund may pay to the Chairman, another member or a member of a committee—
- (a) such remuneration as the Secretary of State may determine, and
- (b) such travelling and other allowances as the Secretary of State may determine.
- (2) The Fund may pay to or in respect of the Chairman or another member such sums as the Secretary of State may determine by way of, or in respect of, pensions, allowances or gratuities.
- (3) If the Secretary of State thinks that there are special circumstances that make it right for a person ceasing to hold office as Chairman or member to receive compensation, the Fund may pay him such compensation as the Secretary of State may determine.
18
- (1) The Fund may (subject to any directions under section 36E(3)(ab) ) pay sums to or in respect of a member or former member of staff by way of or in respect of—
- (a) remuneration,
- (b) allowances,
- (c) pensions,
- (d) gratuities, or
- (e) compensation for loss of employment.
- (2) In Schedule 1 to the Superannuation Act 1972 (c. 11) (employment to which superannuation schemes may extend) in the list of other bodies insert at the appropriate place— “ The Big Lottery Fund. ”
Payments
19
The Fund may make payments in respect of expenditure (which may include expenditure of a capital nature) of—
- (a) the Fund, or
- (b) a person to whom it delegates a function under section 25A(1).
Investment
20
- (1) The Fund may deposit money in an interest-bearing account (but may not otherwise invest).
- (2) The proceeds of money received by the Fund and invested under sub-paragraph (1) shall be treated for the purposes of Part II of this Act as part of that money.
Accounts
21
- (1) The Fund shall—
- (a) keep proper accounting records relating to the exercise of its functions under this Act , and
- (b) prepare in respect of each financial year a statement of accounts relating to the exercise of those functions.
- (2) The Fund shall send a copy of a statement under sub-paragraph (1)(b)—
- (a) to the Secretary of State ,
- (b) to the National Assembly for Wales,
- (c) to the Scottish Ministers,
- (d) to the Northern Ireland Department of Culture, Arts and Leisure, and
- (e) to the Comptroller and Auditor General.
- (3) A copy of a statement must be sent under sub-paragraph (2) within such period, beginning with the end of the financial year to which the statement relates, as the Secretary of State may, with the consent of the Treasury, direct.
- (4) The Comptroller and Auditor General shall—
- (a) examine, certify and report on a statement received under this paragraph, and
- (b) lay a copy of the statement and his report before Parliament.
4B
- (1) The Commissioners for Her Majesty's Revenue and Customs may disclose information to the Gambling Commission for use in the exercise of its national lottery functions.
- (2) The Gambling Commission may disclose information received by it in the exercise of its national lottery functions to the Commissioners for Her Majesty's Revenue and Customs.
- (3) Information disclosed under this section shall not be further disclosed except in accordance with subsection (4).
- (4) Information may be further disclosed—
- (a) for the purpose of complying with an enactment,
- (b) in pursuance of an order of a court,
- (c) for the purpose of legal proceedings connected with the operation of an enactment relating to lotteries,
- (d) with the consent of the Commissioners for Her Majesty's Revenue and Customs,
- (e) with the consent of each person to whom the information relates, or
- (f) to the Comptroller and Auditor General for the purposes of the exercise of functions under Part II of the National Audit Act 1983 (c. 44).
- (5) This section has effect despite any prohibition or restriction that would otherwise prevent disclosure of information.
- (6) In this section “national lottery functions” means functions conferred or imposed under or by virtue of—
- (a) a provision of this Act other than section 10C, and
- (b) Part 3 of the Horserace Betting and Olympic Lottery Act 2004.
4C
- (1) This section applies to a person—
- (a) who is or was an officer or employee of the Gambling Commission, or
- (b) who acts or acted on behalf of the Gambling Commission.
- (2) A person to whom this section applies commits an offence if he discloses information received from the Commissioners for Her Majesty's Revenue and Customs in contravention of section 4B(3) and the information relates to a person whose identity—
- (a) is specified in the disclosure, or
- (b) can be deduced from it.
- (3) It is a defence for a person charged with an offence under this section of disclosing information to prove that he reasonably believed—
- (a) that the disclosure was lawful, or
- (b) that the information had already and lawfully been made available to the public.
- (4) A person guilty of an offence under this section shall be liable—
- (a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or
- (b) on summary conviction, to imprisonment for a term not exceeding 12 months the general limit in a magistrates’ court, to a fine not exceeding the statutory maximum or to both.
- (5) In relation to a conviction occurring before 2 May 2022 the reference in subsection (4)(b) to 12 months the general limit in a magistrates’ court shall have effect as if it were a reference to six months.
- (6) In the application of this section to Scotland or Northern Ireland the reference in subsection (4)(b) to 12 months shall be taken as a reference to six months.
25E
A body which distributes money under section 25(1) may make or participate in arrangements for—
- (a) publishing information relating to the effect of a provision of this Act,
- (b) publishing information relating to the distribution of money under this Act or the expenditure of money distributed under this Act, or
- (c) encouraging participation in activities relating to the distribution of money under this Act.
29A
- (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.
6A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Strategic plans for distributing bodies in or as regards Scotland
36B
- (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.
36C
- (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.
36D
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.
36E
- (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.
Annual reports by distributing bodies ....
Registration of lottery schemes.
Roll-over of prize money.
Orders and regulations.
Importation and exportation restrictions.
Lottery managers.
Reduction of age limit in relation to football pool betting.
Roll-over of prize money.
Directions.
10C
- (1) The Secretary of State may make regulations requiring holders of licences under section 5 or 6 to pay an annual levy to the Commission .
- (2) The regulations shall, in particular, make provision for—
- (a) timing of payment of the levy, and
- (b) the amount of the levy.
- (3) The regulations may, in particular, make provision—
- (a) determining the amount of the levy by reference to a percentage of specified receipts of the holder of a licence under section 5 or 6,
- (b) determining the amount of the levy by reference to a percentage of specified profits of the holder of a licence under section 5 or 6,
- (c) providing for the determination of the amount of the levy according to a specified formula, or
- (d) providing for the determination of the amount of the levy in some other way.
- (4) Any sum due by way of levy by virtue of this section shall be treated for the purposes of this Act as if its payment were a condition of the licence under section 5 or 6.
- (5) The Commission shall, with the consent of the Treasury and of the Secretary of State, expend money received by way of levy for purposes related to, or by providing financial assistance for projects related to—
- (a) addiction to gambling,
- (b) other forms of harm or exploitation associated with gambling, or
- (c) any of the licensing objectives for the purposes of the Gambling Act 2005.
- (6) In subsection (5) the reference to financial assistance is a reference to grants, loans and any other form of financial assistance, which may be made or given on terms or conditions (which may include terms and conditions as to repayment with or without interest).
- (7) The Secretary of State may make regulations under this section only if—
- (a) he has made regulations under the Gambling Act 2005 requiring holders of operating licences to pay an annual levy to the Commission , and
- (b) he has consulted the ... Commission.
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interpretation of Part I.
The distributing bodies.
Registration of societies.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7A
- (1) The holder of a licence under section 5 or 6—
- (a) shall pay a first annual fee to the Commission within such period after the issue of the licence as may be prescribed, and
- (b) shall pay an annual fee to the Commission before each anniversary of the issue of the licence.
- (2) In this section—
- “annual fee” means a fee of such amount as may be prescribed, and
- “prescribed” means prescribed by regulations made by the Secretary of State.
- (3) Subsection (1)(b) does not apply in relation to an anniversary of the issue of a licence on or immediately before which the licence ceases, by virtue of its terms, to have effect.
- (4) The Commission shall pay fees received by virtue of this section into the Consolidated Fund.
Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.
This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence.
legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.