Hyperlawhypertext legal database National Lottery Act 2006 current to 2014-12-02

UKPGA-2006-23 National Lottery Act 2006 UK

Current to 2014-12-02

Contents
preamble

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

National Lottery Commission

s. 1 — Constitution
s. 1(1)

Schedule 2A to the National Lottery etc. Act 1993 (c. 39) (National Lottery Commission) shall be amended as follows.

s. 1(2)

For paragraph 2(1) substitute—

s. 1(3)

For paragraph 4 substitute—

s. 1(4)

After paragraph 6 insert—

s. 2 — Disclosure of information

After section 4A of the National Lottery etc. Act 1993 (c. 39) (consultation with Gambling Commission: inserted by the Gambling Act 2005) insert—

Licensing System

s. 3 — Licensees

In the following provisions of the National Lottery etc. Act 1993 (c. 39) for “body corporate” or “body” substitute “ person ” (and for “bodies” substitute “ persons ”)—

s. 3(a)

section 1(3)(a) and (b) (promotion of lottery),

s. 3(b)

section 5(1), (2) and (4) (and the heading) (licence to run National Lottery),

s. 3(c)

section 6(1) and (4) (and the heading) (licence to promote lotteries),

s. 3(d)

section 7(2)(g) (supplemental), and

s. 3(e)

section 10(1) and (2) (revocation).

s. 4 — Length of licence
s. 4(1)

In section 7 of the National Lottery etc. Act 1993 (c. 39) (licensing: supplemental) after subsection (1) insert—

s. 4(2)

In section 7(2) of that Act for “Such a licence” substitute “ A licence granted under section 5 or 6 ”.

s. 5 — Fees
s. 5(1)

After section 7 of the National Lottery etc. Act 1993 (c. 39) (licences: supplemental) insert—

s. 5(2)

Section 7(5) and (6) of that Act (fee on grant of licence) shall cease to have effect.

s. 5(3)

In section 10 of that Act (revocation of licence)—

s. 5(3)(a)

after subsection (3) insert—, and

s. 5(3)(b)

at the end of subsection (4) add “ or under subsection (3A). ”

s. 6 — Licensing structure
s. 6(1)

The Secretary of State may by order provide for Schedule 1 (which amends the licensing structure of the National Lottery) to have effect.

s. 6(2)

Before making an order under subsection (1) the Secretary of State must consult the Gambling Commission.

s. 6(3)

An order under subsection (1)—

s. 6(3)(a)

may make transitional or incidental provision,

s. 6(3)(b)

may bring all or part of Schedule 1 into force,

s. 6(3)(c)

may make different provision for different purposes,

s. 6(3)(d)

shall be made by statutory instrument, and

s. 6(3)(e)

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Distribution of Lottery Funds

s. 7 — National Lottery Distribution Fund: apportionment
s. 7(1)

Section 22 of the National Lottery etc. Act 1993 (c. 39) (apportionment of money in Distribution Fund) shall be amended as follows.

s. 7(2)

In subsection (3)—

s. 7(2)(a)

at the end of paragraph (c) add “ and ”, and

s. 7(2)(b)

for paragraphs (d) and (f) substitute—

s. 7(3)

After subsection (3) insert—

s. 8 — Reallocation of funds
s. 8(1)

After section 29 of the National Lottery etc. Act 1993 (c. 39) (variation of percentages for allocation of funds) insert—

s. 8(2)

In section 24 of that Act (payments from Distribution Fund) after “section 23” insert “ or in an order under section 29A ”.

s. 8(3)

In section 60(2) of that Act (orders and regulations: affirmative resolution) after paragraph (a) (and before the word “or” immediately after that paragraph) insert—.

s. 9 — Investment income

In section 32 of the National Lottery etc. Act 1993 (National Lottery Distribution Fund: investment)—

s. 9(a)

for subsection (3)(a) and (b) substitute “ treated as if paid into the Fund by virtue of section 5(6). ”, and

s. 9(b)

omit subsection (5).

s. 10 — Distributing bodies: consultation

After section 25(2B) of the National Lottery etc. Act 1993 (application of money by distributing bodies) insert—

s. 11 — Distributing bodies: publicity

After section 25D of the National Lottery etc. Act 1993 (c. 39) (strategic plans) insert—

s. 12 — Distributing bodies: annual reports

In section 34 of the National Lottery etc. Act 1993 (annual reports) after subsection (2) insert—

s. 13 — Isle of Man and Channel Islands
s. 13(1)

After section 25(5) of the National Lottery etc. Act 1993 (application of money by distributing bodies) add—

s. 13(2)

After section 25A(11) (delegation by distributing bodies) add—

The Big Lottery Fund

s. 14 — Establishment
s. 14(1)

After section 36 of the National Lottery etc. Act 1993 (c. 39) insert—

s. 14(2)

After Schedule 4 to that Act insert the Schedule 4A set in out in Schedule 2 to this Act.

s. 15 — Functions
s. 15(1)

In section 23 of the National Lottery etc. Act 1993 (the distributing bodies) for subsections (4), (5) and (6) substitute—

s. 15(2)

After section 36A of that Act (inserted by section 14 above) insert—

Dissolution of old distributors

s. 16 — Dissolution
s. 16(1)

The Secretary of State may by order provide that one or more of the following shall cease to exist—

s. 16(1)(a)

the National Lottery Charities Board,

s. 16(1)(b)

the Millennium Commission, and

s. 16(1)(c)

the New Opportunities Fund.

s. 16(2)

An order under subsection (1) may include consequential, incidental or transitional provision (which may include provision amending an enactment, whether by removing a reference to a body, by substituting a reference to the Big Lottery Fund, or otherwise).

s. 16(3)

An order under subsection (1)—

s. 16(3)(a)

shall be made by statutory instrument,

s. 16(3)(b)

if it contains provision amending an enactment, shall not be made unless a draft has been laid before and approved by each House of Parliament, and

s. 16(3)(c)

in any other case, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

s. 17 — Transfer of property, &c.
s. 17(1)

In this section—“old lottery distributor” means a body dissolved by section 16, and“the appointed day” means the day appointed under section 16(1).

s. 17(2)

The property, rights and liabilities to which an old lottery distributor was entitled or subject immediately before the appointed day shall on that day vest in the Big Lottery Fund by virtue of this subsection.

s. 17(3)

Anything done by or in relation to an old lottery distributor which has effect immediately before the appointed day shall, so far as necessary for continuing its effect after that day, have effect as if done by or in relation to the Fund.

s. 17(4)

Anything (including any legal proceedings) which immediately before the appointed day is in the process of being done by or in relation to an old lottery distributor may be continued by or in relation to the Fund.

s. 17(5)

So far as necessary or appropriate in consequence of subsection (2), on and after the appointed day—

s. 17(5)(a)

a reference to an old lottery distributor in an agreement (whether written or not), instrument or other document shall be treated as a reference to the Fund, and

s. 17(5)(b)

a reference in an agreement (whether written or not), instrument or other document to a member or officer of an old lottery distributor shall be treated as a reference to a person appointed for the purpose in writing by the Fund.

s. 17(6)

The Fund must provide information on request about an appointment under subsection (5)(b).

s. 17(7)

Subsection (2) shall operate in relation to property, rights or liabilities—

s. 17(7)(a)

whether or not they would otherwise be capable of being transferred,

s. 17(7)(b)

without any instrument or other formality being required, and

s. 17(7)(c)

irrespective of any requirement for consent that would otherwise apply.

s. 17(8)

In so far as subsection (2) transfers liabilities under contracts of employment—

s. 17(8)(a)

nothing in this section shall affect the operation of the Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/1794), and

s. 17(8)(b)

the Secretary of State shall not appoint the appointed day unless satisfied that sufficient notice has been given to enable compliance with any applicable requirement of those regulations.

s. 17(9)

Without prejudice to the generality of subsections (3) and (4), the Big Lottery Fund may do anything it thinks necessary or expedient for the purpose of giving effect to a decision, agreement or undertaking of an old lottery distributor (whether in respect of a grant or loan or otherwise) irrespective of whether the Big Lottery Fund would have the power under the National Lottery etc. Act 1993 (c. 39), as amended by this Act, to make that decision or agreement or to give that undertaking.

s. 18 — Outstanding balances
s. 18(1)

Money that immediately before the appointed day is held in the National Lottery Distribution Fund for distribution by an old lottery distributor shall on that day be treated as—

s. 18(1)(a)

allocated under section 22(3)(d) of the National Lottery etc. Act 1993 (as substituted by section 7 above), and

s. 18(1)(b)

held in the Distribution Fund for distribution by the Big Lottery Fund in accordance with section 23(4) of that Act (as substituted by section 15 above).

s. 18(2)

Money transferred under section 17(2) to the Big Lottery Fund having been paid to an old lottery distributor under section 24 of the National Lottery etc. Act 1993 shall be treated as having been paid to the Fund under that section.

s. 18(3)

In this section—“old lottery distributor” means a body dissolved by section 16, and“the appointed day” means the day appointed under section 16(1).

s. 19 — Consequential amendments
s. 19(1)

The National Lottery etc. Act 1993 shall be amended as follows.

s. 19(2)

In section 25C(3)(a) for “or 43C(1),” substitute “ or 36E, ”.

s. 19(3)

At the end of section 26 (directions to distributing bodies) add—

s. 19(4)

In section 34 (annual reports)—

s. 19(4)(a)

omit subsection (4), and

s. 19(4)(b)

in the heading omit “other than Millennium Commission”.

s. 19(5)

In section 35 (accounts)—

s. 19(5)(a)

in subsection (7) for “the National Lottery Charities Board, the Millennium Commission or the New Opportunities Fund” substitute “ the Big Lottery Fund ”, and

s. 19(5)(b)

in the heading for “Charities Board and Millennium Commission” substitute “ the Big Lottery Fund ”.

s. 19(6)

The following shall cease to have effect—

s. 19(6)(a)

sections 37 to 39 (the National Lottery Charities Board),

s. 19(6)(b)

sections 40 to 43 (the Millennium Commission), and

s. 19(6)(c)

sections 43A to 43D (the New Opportunities Fund).

s. 19(7)

In section 44(1) (interpretation) omit the entry for “the Charities Board”.

s. 19(8)

In section 60 of that Act (orders and regulations)—

s. 19(8)(a)

in subsection (2) for paragraph (a) substitute—, and

s. 19(8)(b)

in subsection (2A) for “section 43B.” substitute “ section 22(3A) or 36B(3). ”

s. 19(9)

The following shall cease to have effect—

s. 19(9)(a)

Schedule 5 (National Lotteries Charities Board),

s. 19(9)(b)

Schedule 6 (the Millennium Commission), and

s. 19(9)(c)

Schedule 6A (the New Opportunities Fund).

s. 19(10)

In Schedule 5 to the Government of Wales Act 1998 (c. 38) (persons who may be compelled to attend proceedings of or provide documents to the National Assembly for Wales) after paragraph 7 insert—

National Lottery etc. Act 1993: interpretation

s. 20 — Meaning of “charitable expenditure”

In section 44(1) of the National Lottery etc. Act 1993 (c. 39) (interpretation) for the definition of “charitable expenditure” substitute—

General

s. 21 — Repeals

The enactments listed in Schedule 3 are hereby repealed to the extent specified.

s. 22 — Commencement
s. 22(1)

The preceding provisions of this Act, other than sections 6 and 16 and Schedule 1, shall come into force in accordance with provision made by order of the Secretary of State under this subsection.

s. 22(2)

An order under subsection (1)—

s. 22(2)(a)

may make transitional or incidental provision,

s. 22(2)(b)

may make different provision for different purposes, and

s. 22(2)(c)

shall be made by statutory instrument.

s. 23 — Extent

This Act extends to Northern Ireland.

s. 24 — Short title

This Act may be cited as the National Lottery Act 2006.

Sch 1

National Lottery Licensing

The National Lottery etc. Act 1993 (c. 39)

Sch 1 para 1

The National Lottery etc. Act 1993 shall be amended as follows.

Sch 1 para 2

For section 1 (the National Lottery) substitute—

Sch 1 para 3

In section 4(3) (overriding duties) for “the sums that are paid to the Secretary of State by virtue of section 5(6).” substitute “ the sums paid into the National Lottery Distribution Fund under section 5(2)(c). ”

Sch 1 para 4

For sections 5 and 6 (licence to run the National Lottery and licence to promote lottery) substitute—

Sch 1 para 5
Sch 1 para 5(1)

Section 7 (licensing: supplemental) shall be amended as follows.

Sch 1 para 5(2)

For subsections (1) and (1A) substitute—

Sch 1 para 5(3)

In subsection (1B) for “section 5 or 6” substitute “ section 5 ”.

Sch 1 para 5(4)

In subsection (2)—

Sch 1 para 5(4)(a)

for “A licence granted under section 5 or 6” substitute “ A licence under section 5 ”, and

Sch 1 para 5(4)(b)

for “by section 5 or 6” substitute “ by section 5 ”.

Sch 1 para 5(5)

After subsection (3) insert—

Sch 1 para 5(6)

In subsection (4) for “section 5 or 6” substitute “ section 5 ”.

Sch 1 para 5(7)

In the heading of the section for “sections 5 and 6” substitute “ section 5 ”.

Sch 1 para 6

In section 7A(1) (annual fee) (inserted by section 5 above) for “section 5 or 6” substitute “ section 5 ”.

Sch 1 para 7

In section 8 (variation of licence conditions)—

Sch 1 para 7(a)

in subsection (1) for “section 5 or 6” substitute “ section 5 ”, and

Sch 1 para 7(b)

in subsection (3)(b) omit “in the case of a licence granted under section 5”.

Sch 1 para 8

In section 9 (enforcement of licence conditions)—

Sch 1 para 8(a)

in subsection (1) for “section 5 or 6” substitute “ section 5 ”, and

Sch 1 para 8(b)

in subsection (3) for “section 5(6)” substitute “ section 5(2)(c) ”.

Sch 1 para 9

In section 10 (revocation of licence)—

Sch 1 para 9(a)

in subsection (1) for “a fit and proper body to run the National Lottery.” substitute “ a suitable person to promote the lottery or lotteries to which the licence relates ”,

Sch 1 para 9(b)

omit subsection (2),

Sch 1 para 9(c)

in subsection (3) for “section 5 or 6” substitute “ section 5 ”, and

Sch 1 para 9(d)

in subsection (3A) for “section 5 or 6” substitute “ section 5 ”.

Sch 1 para 10

In section 10A (financial penalties for breach of licence condition)—

Sch 1 para 10(a)

in subsections (1) and (2)(a) for “section 5 or 6” substitute “ section 5 ”, and

Sch 1 para 10(b)

in subsection (2)(b) for “paid to the Secretary of State under section 5(6)” substitute “ payable under section 5(2)(c) ”.

Sch 1 para 11

In section 10C (annual levy) in subsections (1), (3)(a) and (b) and (4) for “section 5 or 6” substitute “ section 5 ”.

Sch 1 para 12

In section 22 (apportionment of National Lottery Distribution Fund: saving) for “section 5(6)” substitute “ section 5(2)(c) ”.

Sch 1 para 13

In section 32 (distribution fund: investment) for “section 5(6)” substitute “ section 5(2)(c) ”.

Sch 1 para 14

In Schedule 3 (revocation of licences) for paragraphs 4 and 5 substitute—

Other Acts

Sch 1 para 15

For section 115(5)(d) of the Police Act 1997 (c. 50) (enhanced criminal record certificates) substitute—.

Sch 1 para 16
Sch 1 para 16(1)

The Horserace Betting and Olympic Lottery Act 2004 (c. 25) shall be amended as follows.

Sch 1 para 16(2)

In section 21 (designation of Olympic Lotteries)—

Sch 1 para 16(2)(a)

in subsection (1) for “section 6” substitute “ section 5 ”, and

Sch 1 para 16(2)(b)

subsections (2) and (3) shall cease to have effect.

Sch 1 para 16(3)

In section 22(1) (timing) for “section 6” substitute “ section 5 ”.

Sch 1 para 16(4)

For section 24(1) (payments into Olympic Lottery Distribution Fund) substitute—.

Sch 1 para 16(5)

In section 26(4)(a) (payments out of Olympic Lottery Distribution Fund) for “section 5(6)” substitute “ section 5(2)(c) ”.

Sch 1 para 16(6)

In section 28(3)(a) (winding up of Olympic Lottery Distribution Fund) for “section 5(6)” substitute “ section 5(2)(c) ”.

Sch 1 para 16(7)

In section 32(3)(a) (distribution of Olympic Lottery Distributor) for “section 5(6)” substitute “ section 5(2)(c) ”.

Sch 2

New Schedule 4A to the National Lottery etc. Act 1993

Sch 3

Repeals

Paragraph

In Schedule 1, the references to employment by—the National Lottery Charities Board, and the New Opportunities Fund.

Paragraph

In Schedule 1, in Part III, the entries for the Chairman and members of—the National Lottery Charities Board, and the New Opportunities Fund.

Paragraph

In Schedule 1, in Part III, the entries for the Chairman and members of—the National Lottery Charities Board, and the New Opportunities Fund.

Paragraph

Section 7(5) and (6).

Paragraph

Section 32(5).

Paragraph

Section 34(4).

Paragraph

Sections 37 to 43D.

Paragraph

In section 44(4), “or 43B”.

Paragraph

Schedules 5 to 6A.

Paragraph

In section 6, subsections (2) to (7) and (9) to (10).

Paragraph

Section 7.

Paragraph

In section 8, subsections (1) and (3) to (7).

Paragraph

Section 11(5) and (6).

Paragraph

Section 14.

Paragraph

Schedule 2.