Draft Order laid before Parliament under section 60(2) of the National Lottery etc. Act 1993 and section 36(4) of the Horserace Betting and Olympic Lottery Act 2004, for approval by resolution of each House of Parliament.
Draft Statutory Instruments
national lottery
olympic games and paralympic games
Made
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Coming into force
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The Secretary of State makes the following Order in exercise of the powers conferred by section 29A of the National Lottery etc. Act 1993(1) and sections 25 and 36 of the Horserace Betting and Olympic Lottery Act 2004(2).
In accordance with section 29A(3) of the National Lottery etc. Act 1993 he has consulted each body mentioned in articles 3 and 4 of this Order, the Welsh Ministers(3), the Scottish Ministers, the Northern Ireland Department of Culture, Arts and Leisure and such other persons as he thinks appropriate.
In accordance with section 25(3) of the Horserace Betting and Olympic Lottery Act 2004 he has consulted each of the bodies for the time being mentioned in section 23 of the National Lottery etc. Act 1993(4).
In accordance with section 60(2) of the National Lottery etc. Act 1993(5) and section 36(4) of the Horserace Betting and Olympic Lottery Act 2004, a draft of this instrument was laid before Parliament and approved by resolution of each House of Parliament.
1.—(1) This Order may be cited as the Payments into the Olympic Lottery Distribution Fund etc. Order 2007 and shall come into force on the day after the day on which it is made.
(2) In this Order—
“the 1993 Act” means the National Lottery etc. Act 1993,
“national sports distributor” means any of the bodies mentioned in paragraphs (a) to (d) of section 23(2) of the 1993 Act.
2.—(1) The Secretary of State is permitted to make the following payments from the National Lottery Distribution Fund into the Olympic Lottery Distribution Fund—
(a)on or after 1st February 2009, £73 million;
(b)on or after 1st May 2009, £73 million;
(c)on or after 1st August 2009, £73 million;
(d)on or after 1st November 2009, £73 million;
(e)on or after 1st February 2010, £73 million;
(f)on or after 1st May 2010, £73 million;
(g)on or after 1st August 2010, £73 million;
(h)on or after 1st November 2010, £73 million;
(i)on or after 1st February 2011, £73 million;
(j)on or after 1st May 2011, £73 million;
(k)on or after 1st August 2011, £73 million;
(l)on or after 1st November 2011, £73 million;
(m)on or after 1st February 2012, £73 million;
(n)on or after 1st May 2012, £68 million;
(o)on or after 1st August 2012, £68 million.
(2) In respect of any payment referred to in sub-paragraphs (a) to (m) of paragraph (1)—
(a)the sum of £10.847 million shall be treated as if paid out of the money allocated, in accordance with section 22(3)(a) of the 1993 Act(6), for expenditure on or connected with the arts;
(b)the sum of £8.374 million shall be treated as if paid out of the money allocated, in accordance with section 22(3)(b) of the 1993 Act, for expenditure on or connected with sport;
(c)the sum of £10.847 million shall be treated as if paid out of the money allocated, in accordance with section 22(3)(c) of the 1993 Act, for expenditure on or connected with the national heritage; and
(d)the sum of £42.932 million shall be treated as if paid out of the money allocated, in accordance with section 22(3)(d) of the 1993 Act(7), for prescribed expenditure that is charitable, connected with health, connected with education or connected with the environment(8).
(3) Where the Secretary of State makes a payment referred to in any of sub-paragraphs (a) to (m) of paragraph (1)—
(a)the sum referred to in paragraph (2)(a) shall be treated as if paid out of money held for distribution by the bodies mentioned in subsection (1) of section 23 of the 1993 Act, as that subsection has effect on the date on which the payment is made, in accordance with the percentages specified in that subsection, as it has effect on that date; and
(b)the sum referred to in paragraph (2)(b) shall be treated as if paid out of money held for distribution by the bodies mentioned in subsection (2) of that section, as that subsection has effect on the date on which the payment is made, in accordance with the percentages specified in that subsection, as it has effect on that date.
(4) In respect of each payment referred to in sub-paragraphs (n) and (o) of paragraph (1)—
(a)the sum of £10.104 million shall be treated as if paid out of the money allocated, in accordance with section 22(3)(a) of the 1993 Act, for expenditure on or connected with the arts;
(b)the sum of £7.8 million shall be treated as if paid out of the money allocated, in accordance with section 22(3)(b) of the 1993 Act, for expenditure on or connected with sport;
(c)the sum of £10.104 million shall be treated as if paid out of the money allocated, in accordance with section 22(3)(c) of the 1993 Act, for expenditure on or connected with the national heritage; and
(d)the sum of £39.992 million shall be treated as if paid out of the money allocated, in accordance with section 22(3)(d) of the 1993 Act, for prescribed expenditure that is charitable, connected with health, connected with education or connected with the environment.
(5) Where the Secretary of State makes a payment referred to in sub-paragraph (n) or (o) of paragraph (1)—
(a)the sum referred to in paragraph (4)(a) shall be treated as if paid out of money held for distribution by the bodies mentioned in subsection (1) of section 23 of the 1993 Act, as that subsection has effect on the date on which the payment is made, in accordance with the percentages specified in that subsection, as it has effect on that date; and
(b)the sum referred to in paragraph (4)(b) shall be treated as if paid out of money held for distribution by the bodies mentioned in subsection (2) of that section, as that subsection has effect on the date on which the payment is made, in accordance with the percentages specified in that subsection, as it has effect on that date.
3.—(1) Where the Secretary of State makes a payment referred to in any of sub-paragraphs (a) to (m) of article 2(1), each of the sums specified in paragraph (2), being money which is—
(a)allocated, in accordance with section 22(3)(b) of the 1993 Act, for expenditure on or connected with sport, and
(b)held in the National Lottery Distribution Fund for distribution by a national sports distributor,
is to be held instead, in accordance with section 23(2)(e) of the 1993 Act, for distribution by the United Kingdom Sports Council.
(2) The sums referred to in paragraph (1) are—
(a)where the national sports distributor is the English Sports Council, the sum of £1.533 million;
(b)where the national sports distributor is the Scottish Sports Council, the sum of £0.2 million;
(c)where the national sports distributor is the Sports Council for Wales, the sum of £0.111 million;
(d)where the national sports distributor is the Sports Council for Northern Ireland, the sum of £0.064 million.
4.—(1) Where the Secretary of State makes a payment referred to in sub-paragraph (n) or (o) of article 2(1), each of the sums specified in paragraph (2), being money which is—
(a)allocated, in accordance with section 22(3)(b) of the 1993 Act, for expenditure on or connected with sport, and
(b)held in the National Lottery Distribution Fund for distribution by a national sports distributor,
is to be held instead, in accordance with section 23(2)(e) of the 1993 Act, for distribution by the United Kingdom Sports Council.
(2) The sums referred to in paragraph (1) are—
(a)where the national sports distributor is the English Sports Council, the sum of £1.428 million;
(b)where the national sports distributor is the Scottish Sports Council, the sum of £0.187 million;
(c)where the national sports distributor is the Sports Council for Wales, the sum of £0.104 million;
(d)where the national sports distributor is the Sports Council for Northern Ireland, the sum of £0.06 million.
[Minister]
[Parliamentary Under Secretary of State]
Department for Culture, Media and Sport
[Date]
(This note is not part of the Order)
This Order confers on the Secretary of State the power to make various payments from the National Lottery Distribution Fund into the Olympic Lottery Distribution Fund. Article 2(1) allows the Secretary of State to make the payments set out in that article. Article 2(2) and (4) specifies, in the case of each payment, the sum which is to be treated as paid out of money allocated to each of the arts, sport, the national heritage and prescribed expenditure that is charitable or connected to health, education or the environment.
This Order also reallocates balances held in the National Lottery Distribution Fund by the sports Lottery distributors within the sport good cause. Articles 3 and 4 reallocate balances held by the English Sports Council (also known as Sport England), the Scottish Sports Council (also known as sportscotland), the Sports Council for Wales and the Sports for Northern Ireland to the United Kingdom Sports Council (also known as UK Sport). Such balances will only be allocated following a payment made under article 2(1).
1993 c.39; section 29A was inserted by section 8 of the National Lottery Act 2006 (c.23).
The functions of the National Assembly for Wales under section 29A(3) were transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c.32).
1993 c.39; section 23(1) was amended by S.I. 1994/1342, S.I. 1995/2088, S.I. 1999/2090, S.S.I. 2000/78 and S.I. 2007/743; section 23(2) was amended by S.I. 1996/3095, S.I. 1999/1563 and S.I. 2006/654; and section 23(4) was substituted for section 23(4) to (6) by section 15 of the National Lottery Act 2006.
Section 60(2) was amended by sections 8 and 19 of the National Lottery Act 2006.
Section 22(3)(a) to (c) was amended by S.I. 1999/344.
Section 22(3)(d) was substituted for section 22(3)(d) and (f) by section 7 of the National Lottery Act 2006.
See S.I. 2006/3202 for the prescribed areas of expenditure.