UKPGA-1998-22 National Lottery Act 1998 UK

There shall cease to be an office of Director General of the National Lottery.

In consequence of subsection (1) above, in the National Lottery etc. Act 1993 (in this Act referred to as “the 1993 Act”) section 3 and Schedule 2 (which relate to the Director General of the National Lottery) shall cease to have effect.

After section 3 of the 1993 Act there shall be inserted—

On the day on which this subsection comes into force under section 27(3) below, the functions conferred or imposed on the Director General of the National Lottery by or under the 1993 Act (including any functions so conferred or imposed by virtue of this Act) shall, by virtue of this subsection, be transferred to the National Lottery Commission.

Schedule 1 to this Act (which makes provision supplemental to, or consequential on, this section) shall have effect.

After section 10 of the 1993 Act (revocation of licences) there shall be inserted—

In section 11 of the 1993 Act (directions to the Director General in respect of his functions under sections 5 to 10) for “sections 5 to 10” there shall be substituted “ sections 5 to 10A ”.

In section 21 of the 1993 Act, in subsection (2) (Secretary of State to pay into the National Lottery Distribution Fund all the sums paid to him by virtue of section 5(6)) after “section 5(6)” there shall be inserted “ or 10A ”.

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Subsection (1) above has effect in relation to any contravention, after the coming into force of that subsection, of a condition in a licence under section 5 or 6 of the 1993 Act, whenever granted.

Part II of Schedule 3 to the 1993 Act (which relates to procedure and appeals in connection with the revocation, under section 10, of licences under section 5 or 6) shall be amended as follows.

In paragraph 6(1) (which specifies what a notice of proposed revocation must state) the word “and” at the end of paragraph (c) shall be omitted and after that paragraph there shall be inserted—.

In paragraph 7(2)(a) (duration of suspension of licence) for “or the Secretary of State allows an appeal against the revocation” there shall be substituted “ or an appeal against the revocation is allowed ”.

In paragraph 9(2) (time at which revocation takes effect) for paragraph (b) (determination of appeal to Secretary of State) there shall be substituted—

Paragraph 10 (appeals to the Secretary of State) shall cease to have effect.

After paragraph 10 there shall be inserted—

Section 33 of the 1993 Act (accounts of Secretary of State and National Debt Commissioners) shall be amended as follows.

After subsection (3) there shall be inserted—

This section has effect in relation to accounts prepared under section 33(1) of the 1993 Act so far as they relate to periods beginning on or after 1st April 1999.

Section 22 of the 1993 Act (apportionment of money in Distribution Fund) shall be amended in accordance with subsections (2) to (6) below.

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In subsection (1) of section 44 of the 1993 Act (interpretation of Part II) after the definition of “the Distribution Fund” there shall be inserted—.

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In section 44 of the 1993 Act (interpretation of Part II) after subsection (2) there shall be inserted—

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In section 25 of the 1993 Act (application of money by distributing bodies) after subsection (1) there shall be inserted—

In section 44 of the 1993 Act (interpretation of Part II) after subsection (3) (which is inserted by section 8 above) there shall be inserted—

After section 25 of the 1993 Act there shall be inserted—

In section 26 of the 1993 Act (directions to distributing bodies) after subsection (3) there shall be inserted—

In subsection (4) of that section, after “Directions under subsection (3)” there shall be inserted “ or (3A) ”.

After subsection (4) of that section there shall be inserted—

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After section 25A of the 1993 Act there shall be inserted—

In section 44 of the 1993 Act (interpretation of Part II) the following definition shall be inserted at the appropriate place in subsection (1)—.

After Schedule 3 to the 1993 Act there shall be inserted the Schedule 3A set out in Schedule 3 to this Act.

Section 60 of the 1993 Act (orders and regulations) shall be amended as follows.

In subsection (2) (affirmative procedure for orders under specified provisions) for “section 28 or 30” there shall be substituted the following paragraphs—.

After subsection (2) there shall be inserted—

In subsection (3) (negative procedure for statutory instruments containing orders and regulations other than orders under specified provisions) for “an order under section 28, 30 or 65” there shall be substituted the following paragraphs—.

After subsection (3) there shall be inserted—

After subsection (5) there shall be inserted—

This Act may be cited as the National Lottery Act 1998.

In this Act “the 1993 Act” means the National Lottery etc. Act 1993.

The following provisions of this Act, namely—shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument; and different days may be so appointed for different purposes.

The following provisions of this Act, namely—shall come into force on the day on which this Act is passed.

The remaining provisions of this Act shall come into force at the end of the period of two months beginning with the day on which this Act is passed.

The power conferred by subsection (3) above to make an order includes power to make incidental, consequential, supplemental or transitional provision or savings (including power to amend enactments).

This Act extends to Northern Ireland.

This paragraph applies to any person who, immediately before the appointed day, is employed by virtue of paragraph 3 of Schedule 2 to the 1993 Act.

Any contract of employment under which a person to whom this paragraph applies is so employed shall have effect as from the appointed day as if it had originally been made between him and the Commission.

Without prejudice to sub-paragraph (2) above—

Sub-paragraphs (2) and (3) above are without prejudice to any right of an employee to terminate his contract of employment if his working conditions are changed substantially to his detriment; but such a change shall not be taken to have occurred by reason only of the change in employer effected by sub-paragraph (2) above.

In sub-paragraph (4) above, the reference to an employee’s working conditions includes a reference to any rights (whether accrued or contingent) under any pension or superannuation scheme of which he was a member by virtue of his employment immediately before the appointed day.

Nothing in any other provision of the principal section or this Schedule shall affect the validity of anything done by or in relation to the Director General before the coming into force of that provision.

Anything (including legal proceedings) which immediately before the appointed day is in the process of being done by or in relation to the Director General may, if it relates to any of the functions, property, rights or liabilities transferred by the principal section or paragraph 2 or 3 above, be continued by or in relation to the Commission.

Any approval, authorisation, consent, delegation, direction, licence or appointment given, granted or made or other thing whatever done by the Director General for the purposes of any of the functions transferred by the principal section shall, if in force immediately before the appointed day, continue in force and have effect as if similarly given, granted, made or done by the Commission.

As respects any time on or after the appointed day, the duties imposed on the Director General in relation to—in respect of his last financial year, or any preceding financial year for which those duties have not been discharged, shall be discharged by the Commission.

Any reference in this paragraph to the Director General’s last financial year is a reference to the financial year beginning with the 1st April last preceding the appointed day.

The duties imposed on the Commission by sub-paragraph (1) above shall be discharged by them as if the Director General’s last financial year ended with the day preceding the appointed day (if it would not in fact do so).

The property transferred to the Commission by virtue of paragraph 2 above shall include the records of the Director General.

For the purposes of this paragraph, the amendments of section 14 of the 1993 Act made by paragraph 13 below shall be disregarded.

In this paragraph “financial year” means the twelve months beginning with 1st April in any year and ending with the 31st March next following.

The Tribunals and Inquiries Act 1992 shall be amended as follows.

In section 7 (which restricts Ministers’ powers to remove members of tribunals listed in Schedule 1 to that Act) in subsection (2) (tribunals to which that section does not apply)—

In Schedule 1 (tribunals under the supervision of the Council on Tribunals) paragraph 33A (which relates to the Director General) shall be omitted and after paragraph 33 there shall be inserted—

Section 31 of the 1993 Act (payments from Distribution Fund in respect of expenses) shall be amended as follows.

In subsection (2)—

Subsection (3) (which relates to subsection (2)(a)) shall be omitted.

At the end of the section there shall be added—