LegalizeHorserace Betting and Olympic Lottery Act 2004
- (b) he is, in the opinion of the Secretary of State..., unable, unfit or unwilling to discharge the functions of his office.
6
A person who ceases, otherwise than by virtue of paragraph 5, to be Chairman or another member of the Distributor may be re-appointed.
Staff
7
The Distributor may appoint staff.
Committees
8
- (1) The Distributor may establish a committee.
- (2) A committee—
- (a) must include a member or employee of the Distributor, but
- (b) may also include persons who are neither members nor employees of the Distributor.
Status
9
The Distributor shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.
Supervision
10
In Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13) (departments, &c. subject to investigation) insert at the appropriate place— “ Olympic Lottery Distributor. ”
Disqualification
11
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 Olympic Lottery Distributor. ”
12
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 Olympic Lottery Distributor. ”
Part 2 — Proceedings
Delegation
13
- (1) The Distributor may delegate a function to—
- (a) a member,
- (b) an employee,
- (c) a committee, or
- (d) any other person.
- (2) The following provisions of section 25A of the National Lottery etc. Act 1993 (c. 39) (delegation) shall apply (with any necessary modifications) for the purposes of this paragraph as they apply for the purposes of that section—
- (a) subsection (4) (power to accept delegation),
- (b) subsections (5) to (7) (sub-delegation), and
- (c) subsections (8) to (11) (general).
Directions of the Secretary of State
14
- (1) In exercising its functions the Distributor shall comply with any direction given to it by the Secretary of State....
- (2) A direction under this paragraph may, in particular—
- (a) relate to the management and control of money received by the Distributor,
- (b) relate to the terms and conditions on which grants or loans are made under section 30,
- (c) require the Distributor to obtain the Secretary of State’s... consent before taking action of a specified kind,
- (d) require the Distributor to provide information,
- (e) relate to the employment of staff, or
- (f) with the consent of the Treasury, relate to—
- (i) the form of accounts, or
- (ii) methods and principles for the preparation of accounts.
- (3) Before giving a direction under this paragraph the Secretary of State... shall consult the Distributor.
Self-regulation
15
The Distributor may, subject to this Schedule, regulate its own procedure and that of its committees (and in particular may specify a quorum for meetings).
Records
16
In Schedule 1 to the Public Records Act 1958 (c. 51) (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— “ Olympic Lottery Distributor. ”
Annual report
17
- (1) As soon as is reasonably practicable after the end of each financial year the Distributor shall send to the Secretary of State... a report on the exercise of the Distributor’s functions during the year.
- (2) A report under sub-paragraph (1) shall, in particular, specify any directions given to the Distributor under paragraph 14 that had effect during the financial year to which the report relates.
- (3) The Secretary of State... shall lay before Parliament a copy of each report received by him under this paragraph.
Saving
18
The validity of proceedings of the Distributor 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.
19
- (1) The Distributor 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 Distributor 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 of the Distributor to receive compensation, the Distributor may pay to him such compensation as the Secretary of State... may determine.
20
- (1) The Distributor may 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 Olympic Lottery Distributor. ”
Payments
21
The Distributor may make payments in respect of expenditure (which may include expenditure of a capital nature) by—
- (a) the Distributor, or
- (b) a person to whom it delegates functions under paragraph 13.
Investment
22
The Distributor may deposit money in an interest-bearing account (but may not otherwise invest).
Miscellaneous receipts
23
- (1) The Secretary of State... may pay money to the Distributor for the purpose of enabling it to meet expenditure.
- (2) A payment under sub-paragraph (1)—
- (a) may not be used to make grants or loans under section 30,
- (b) may be made only where the Secretary of State... thinks the Distributor’s income is or is likely to be insufficient to meet the expenditure to which the payment relates, and
- (c) may be made on conditions (which may include conditions about repayment).
24
The Distributor may accept gifts.
Accounts
25
- (1) The Distributor shall—
- (a) keep proper accounting records, and
- (b) prepare a statement of accounts in respect of each financial year.
- (2) The Distributor shall send a copy of a statement under sub-paragraph (1)(b)—
- (a) to the Secretary of State..., and
- (b) 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.
Financial year
26
- (1) The financial year of the Distributor shall be the period of 12 months ending with the 31st March.
- (2) But the first financial year of the Distributor shall be the period—
- (a) beginning with the coming into force of section 29, and
- (b) ending with the following 31st March.
SCHEDULE 6
Dissolution of the Tote
Accounts
Shadow directors
Preparatory work by the Tote
Abolition of levy
Licensing of Olympic Lotteries
Changes in Olympic procedure
Repeals
Betting, Gaming and Lotteries Act 1963 (c. 2)
Gaming Act 1968 (c. 65)
Horserace Betting Levy Act 1969 (c. 14)
Race Relations Act 1976 (c. 74)
National Lottery etc. Act 1993 (c. 39)
Freedom of Information Act 2000 (c. 36)
Introductory
Board to assist Secretary of State
Ancillary powers of Board
Ancillary powers of Secretary of State
Content of transfer scheme
Transfer of undertakings
Certificate of title
Modification of scheme
Consultation and consent
Accounts
Betting, Gaming and Lotteries Act 1963 (c. 2)
Parliamentary Commissioner Act 1967 (c. 13)
Finance Act 1969 (c. 32)
House of Commons Disqualification Act 1975 (c. 24)
Race Relations Act 1976 (c. 74)
Freedom of Information Act 2000 (c. 36)
Membership
Tenure
Staff
Committees
Status
Supervision
Disqualification
Delegation
Directions of the Secretary of State ...
Self-regulation
Records
Annual report
Saving
Remuneration, &c.
Payments
Investment
Miscellaneous receipts
Accounts
Financial year
Editorial notes
S. 11 in force at 1.1.2005 by S.I. 2004/3283, art. 3
S. 12 in force at 1.1.2005 for specified purposes by S.I. 2004/3283, art. 4
S. 14 in force at 8.4.2005 by S.I. 2005/1134, art. 2
S. 20 in force at 8.4.2005 by S.I. 2005/1134, art. 2
S. 21 in force at 8.4.2005 by S.I. 2005/1134, art. 2
S. 22 in force at 8.4.2005 by S.I. 2005/1134, art. 2
S. 23 in force at 8.4.2005 by S.I. 2005/1134, art. 2
S. 24 in force at 8.4.2005 by S.I. 2005/1134, art. 2
S. 28 in force at 8.4.2005 by S.I. 2005/1134, art. 2
S. 33 in force at 8.4.2005 by S.I. 2005/1134, art. 2
S. 35 in force at 8.4.2005 by S.I. 2005/1134, art. 2
S. 36 in force at 8.4.2005 by S.I. 2005/1134, art. 2
S. 37 in force at 8.4.2005 by S.I. 2005/1134, art. 2
S. 39 in force at 8.4.2005 by S.I. 2005/1134, art. 2
S. 34(1)-(5)(7)(8)(9)(a)(b)(10)(11) in force at 8.4.2005 by S.I. 2005/1134, art. 2
S. 38 in force at 8.4.2005 for specified purposes by S.I. 2005/1134, art. 2
Sch. 6 in force at 8.4.2005 for specified purposes by S.I. 2005/1134, art. 2
S. 25 in force at 8.7.2005 by S.I. 2005/1831, art. 2
S. 26 in force at 8.7.2005 by S.I. 2005/1831, art. 2
S. 27 in force at 8.7.2005 by S.I. 2005/1831, art. 2
S. 29 in force at 8.7.2005 by S.I. 2005/1831, art. 2
S. 30 in force at 8.7.2005 by S.I. 2005/1831, art. 2
S. 31 in force at 8.7.2005 by S.I. 2005/1831, art. 2
S. 32 in force at 8.7.2005 by S.I. 2005/1831, art. 2
S. 34(6)(9)(c) in force at 8.7.2005 by S.I. 2005/1831 , art. 2
Sch. 5 para. 1 in force at 8.7.2005 by S.I. 2005/1831, art. 2
Sch. 5 para. 2 in force at 8.7.2005 by S.I. 2005/1831, art. 2
Sch. 5 para. 3 in force at 8.7.2005 by S.I. 2005/1831, art. 2
Sch. 5 para. 4 in force at 8.7.2005 by S.I. 2005/1831, art. 2
Sch. 5 para. 5 in force at 8.7.2005 by S.I. 2005/1831, art. 2
Sch. 5 para. 6 in force at 8.7.2005 by S.I. 2005/1831, art. 2
Sch. 5 para. 7 in force at 8.7.2005 by S.I. 2005/1831, art. 2
Sch. 5 para. 8 in force at 8.7.2005 by S.I. 2005/1831, art. 2
Sch. 5 para. 9 in force at 8.7.2005 by S.I. 2005/1831, art. 2
Sch. 5 para. 10 in force at 8.7.2005 by S.I. 2005/1831, art. 2
Sch. 5 para. 11 in force at 8.7.2005 by S.I. 2005/1831, art. 2
Sch. 5 para. 12 in force at 8.7.2005 by S.I. 2005/1831, art. 2
Sch. 5 para. 13 in force at 8.7.2005 by S.I. 2005/1831, art. 2
Sch. 5 para. 14 in force at 8.7.2005 by S.I. 2005/1831, art. 2
Sch. 5 para. 15 in force at 8.7.2005 by S.I. 2005/1831, art. 2
Sch. 5 para. 16 in force at 8.7.2005 by S.I. 2005/1831, art. 2
Sch. 5 para. 17 in force at 8.7.2005 by S.I. 2005/1831, art. 2
Sch. 5 para. 18 in force at 8.7.2005 by S.I. 2005/1831, art. 2
Sch. 5 para. 19 in force at 8.7.2005 by S.I. 2005/1831, art. 2
Sch. 5 para. 20 in force at 8.7.2005 by S.I. 2005/1831, art. 2
Sch. 5 para. 21 in force at 8.7.2005 by S.I. 2005/1831, art. 2
Sch. 5 para. 22 in force at 8.7.2005 by S.I. 2005/1831, art. 2
Sch. 5 para. 23 in force at 8.7.2005 by S.I. 2005/1831, art. 2
Sch. 5 para. 24 in force at 8.7.2005 by S.I. 2005/1831, art. 2
Sch. 5 para. 25 in force at 8.7.2005 by S.I. 2005/1831, art. 2
Sch. 5 para. 26 in force at 8.7.2005 by S.I. 2005/1831, art. 2
Words in s. 32(6)(b) substituted (with application in accordance with reg. 21(1) of the amending S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 1(2), Sch. 2 para. 1(j)
Words in s. 3(6)(a) substituted (with application in accordance with reg. 21(1) of the amending S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 1(2), Sch. 2 para. 1(j)
Words in Sch. 3 para. 12(1) substituted (with application in accordance with reg. 21(1) of the amending S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 1(2), Sch. 2 para. 1(j)
S. 8 modified by SI 2006/3272 art. 7(1) (as inserted (16.8.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) (Amendment) (No. 2) Order 2007 (S.I. 2007/2169), arts. 1(1), 5)
Pt. 3: functions made partly exercisable concurrently (22.8.2007) by Transfer of Functions (Olympics and Paralympics) Order 2007 (S.I. 2007/2129), arts. 1(2), 3(1)(2)(c), (with art. 4)
Words in s. 34(7) renumbered as s. 34(7)(a) (22.8.2007) by Transfer of Functions (Olympics and Paralympics) Order 2007 (S.I. 2007/2129), art. 1(2), Sch. para. 4(3)(a) (with art. 4)
Word in s. 34(2)(a) omitted (22.8.2007) by virtue of Transfer of Functions (Olympics and Paralympics) Order 2007 (S.I. 2007/2129), art. 1(2), Sch. para. 4(2) (with art. 4)
Words in s. 7 substituted (1.10.2007) by Companies Act 2006 (Commencement No.3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), art. 1(3)(a), Sch. 4 para. 103 (with art. 12)
Words in s. 6(6) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 231(2)(a) (with arts. 6, 11, 12)
Words in s. 6(7) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 231(2)(b) (with arts. 6, 11, 12)
Words in s. 12 substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 231(3) (with arts. 6, 11, 12)
Words in s. 2(2)(b)(i) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 221(2) (with art. 10)
Words in s. 5(3)(b) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 221(3) (with art. 10)
Act: functions cease to be exercisable concurrently (7.7.2010) by Secretary of State for Culture, Olympics, Media and Sport Order 2010 (S.I. 2010/1551), art. 7(c)
Word in s. 34(2)(a) inserted (7.7.2010) by Secretary of State for Culture, Olympics, Media and Sport Order 2010 (S.I. 2010/1551), art. 1(2), Sch. para. 6(2)(a)
S. 34(2)(aa) omitted (7.7.2010) by virtue of Secretary of State for Culture, Olympics, Media and Sport Order 2010 (S.I. 2010/1551), art. 1(2), Sch. para. 6(2)(b)
S. 34(7)(b) and preceding word omitted (7.7.2010) by virtue of Secretary of State for Culture, Olympics, Media and Sport Order 2010 (S.I. 2010/1551), art. 1(2), Sch. para. 6(3)
S. 34(11)(za) omitted (7.7.2010) by virtue of Secretary of State for Culture, Olympics, Media and Sport Order 2010 (S.I. 2010/1551), art. 1(2), Sch. para. 6(4)
Words in s. 32(1) omitted (7.7.2010) by virtue of Secretary of State for Culture, Olympics, Media and Sport Order 2010 (S.I. 2010/1551), art. 1(2), Sch. para. 4(g)
Words in s. 32(5) substituted (7.7.2010) by Secretary of State for Culture, Olympics, Media and Sport Order 2010 (S.I. 2010/1551), art. 1(2), Sch. para. 5
Words in s. 32(7) substituted (7.7.2010) by Secretary of State for Culture, Olympics, Media and Sport Order 2010 (S.I. 2010/1551), art. 1(2), Sch. para. 5
Words in s. 22 omitted (7.7.2010) by virtue of Secretary of State for Culture, Olympics, Media and Sport Order 2010 (S.I. 2010/1551), art. 1(2), Sch. para. 4(a)
Words in s. 23 omitted (7.7.2010) by virtue of Secretary of State for Culture, Olympics, Media and Sport Order 2010 (S.I. 2010/1551), art. 1(2), Sch. para. 4(b)
Words in s. 26 omitted (7.7.2010) by virtue of Secretary of State for Culture, Olympics, Media and Sport Order 2010 (S.I. 2010/1551), art. 1(2), Sch. para. 4(c)
Words in s. 28 omitted (7.7.2010) by virtue of Secretary of State for Culture, Olympics, Media and Sport Order 2010 (S.I. 2010/1551), art. 1(2), Sch. para. 4(d)
Words in s. 30 omitted (7.7.2010) by virtue of Secretary of State for Culture, Olympics, Media and Sport Order 2010 (S.I. 2010/1551), art. 1(2), Sch. para. 4(e)
Words in s. 31 omitted (7.7.2010) by virtue of Secretary of State for Culture, Olympics, Media and Sport Order 2010 (S.I. 2010/1551), art. 1(2), Sch. para. 4(f)
Words in Sch. 5 para. 3 substituted (7.7.2010) by Secretary of State for Culture, Olympics, Media and Sport Order 2010 (S.I. 2010/1551), art. 1(2), Sch. para. 7
Words in s. 35 omitted (7.7.2010) by virtue of Secretary of State for Culture, Olympics, Media and Sport Order 2010 (S.I. 2010/1551), art. 1(2), Sch. para. 4(h)
Words in Sch. 5 para. 1 omitted (7.7.2010) by virtue of Secretary of State for Culture, Olympics, Media and Sport Order 2010 (S.I. 2010/1551), art. 1(2), Sch. para. 4(i)
Words in Sch. 5 para. 4 omitted (7.7.2010) by virtue of Secretary of State for Culture, Olympics, Media and Sport Order 2010 (S.I. 2010/1551), art. 1(2), Sch. para. 4(i)
Words in Sch. 5 para. 5 omitted (7.7.2010) by virtue of Secretary of State for Culture, Olympics, Media and Sport Order 2010 (S.I. 2010/1551), art. 1(2), Sch. para. 4(i)
Words in Sch. 5 para. 14 omitted (7.7.2010) by virtue of Secretary of State for Culture, Olympics, Media and Sport Order 2010 (S.I. 2010/1551), art. 1(2), Sch. para. 4(i)
Words in Sch. 5 para. 17 omitted (7.7.2010) by virtue of Secretary of State for Culture, Olympics, Media and Sport Order 2010 (S.I. 2010/1551), art. 1(2), Sch. para. 4(i)
Words in Sch. 5 para. 19 omitted (7.7.2010) by virtue of Secretary of State for Culture, Olympics, Media and Sport Order 2010 (S.I. 2010/1551), art. 1(2), Sch. para. 4(i)
Words in Sch. 5 para. 23 omitted (7.7.2010) by virtue of Secretary of State for Culture, Olympics, Media and Sport Order 2010 (S.I. 2010/1551), art. 1(2), Sch. para. 4(i)
Words in Sch. 5 para. 25 omitted (7.7.2010) by virtue of Secretary of State for Culture, Olympics, Media and Sport Order 2010 (S.I. 2010/1551), art. 1(2), Sch. para. 4(i)
Words in Sch. 5 para. 14 crossheading omitted (7.7.2010) by virtue of Secretary of State for Culture, Olympics, Media and Sport Order 2010 (S.I. 2010/1551), art. 1(2), Sch. para. 4(i)
S. 1 in force at 25.2.2011 by S.I. 2011/462, art. 2
S. 2 in force at 25.2.2011 by S.I. 2011/462, art. 2
S. 3 in force at 25.2.2011 by S.I. 2011/462, art. 2
S. 4 in force at 25.2.2011 by S.I. 2011/462, art. 2
S. 5 in force at 25.2.2011 by S.I. 2011/462, art. 2
S. 6 in force at 25.2.2011 by S.I. 2011/462, art. 2
S. 7 in force at 25.2.2011 by S.I. 2011/462, art. 2
S. 8 in force at 25.2.2011 by S.I. 2011/462, art. 2
S. 12 in force at 25.2.2011 for specified purposes by S.I. 2011/462, art. 2
S. 1(2): 13.7.2011 appointed for the purposes of s. 1 by S.I. 2011/1703, art. 2
S. 13 in force at 13.7.2011 for specified purposes by S.I. 2011/1704, art. 2
Sch. 2 para. 12 in force at 13.7.2011 by S.I. 2011/1704, art. 2
Sch. 2 para. 13 in force at 13.7.2011 by S.I. 2011/1704, art. 2
Sch. 2 para. 19 in force at 13.7.2011 by S.I. 2011/1704, art. 2
Sch. 2 para. 21 in force at 13.7.2011 by S.I. 2011/1704, art. 2
Sch. 2 para. 22 in force at 13.7.2011 by S.I. 2011/1704, art. 2
S. 38 in force at 13.7.2011 for specified purposes by S.I. 2011/1704, art. 2
Sch. 6 in force at 13.7.2011 for specified purposes by S.I. 2011/1704, art. 2
Word in s. 21(2)(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. 27(a) (with art. 8, Sch. para. 43)
Word in s. 22(5)(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. 27(b) (with art. 8, Sch. para. 43)
S. 26(7) 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. 27(c)(ii) (with art. 8, Sch. para. 43)
Words in s. 26(2)(f) 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. 27(c)(i) (with art. 8, Sch. para. 43)
Word in s. 31(4)(b)(i) 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. 27(d) (with art. 8, Sch. para. 43)
Regulations and orders
Regulations and orders
Money
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