Office of Public Sector Information

83.Subsection (2) requires the Secretary of State to consult the devolved administrations before issuing an order that the Secretary of State considers could impact on expenditure or affect persons within Scotland, Wales and Northern Ireland.

84.Subsection (4) gives the Secretary of State the power to require the Fund to provide any information which the Secretary of State needs to assist in the exercise of the power of prohibition.

Section 24: Power to add or remove distributors

85.This section allows the Secretary of State to add or remove distribution bodies. This power may be exercised as a sanction for failure to comply with a direction given under section 22 or contravention of a prohibition order made under section 23. Alternatively, it may be exercised to add a distributor with particular expertise or to remove a distributor whose particular expertise is no longer required. This power is exercisable after consultation with the devolved administrations.

Section 25: Power of Big Lottery Fund to enter into arrangements

86.The Fund has only a limited power, under the National Lottery etc Act 1993, to hold and invest money in an interest-bearing account. Money is managed by the National Lottery Distribution Fund. This section gives the Fund the power to make arrangements for another body to hold or invest dormant account money allocated to it, on its behalf. Subsection (4)(a) of section 22 gives the Secretary of State the power to give directions restricting the nature of the arrangements into which the Fund can enter.

87.Subsection (2) enables a reclaim fund, following arrangements with the Fund, to make payments on the Fund’s behalf directly to the Consolidated Fund to defray expenses incurred by the Secretary of State in carrying out functions under this Act. Similarly, it allows a reclaim fund and the Fund to arrange for the reclaim fund to make payments on the Fund’s behalf to the devolved administrations, to defray expenses incurred by those administrations.

Section 26: Expenses

88.This section allows the Fund to defray any expenses incurred in carrying out its obligations set out in the Act. Such expenses will be deducted from dormant account money before it is apportioned for distribution.

89.This section also allows the Secretary of State to reclaim expenses incurred in carrying out the functions set out in this Act. The combined effect of section 17(3) and subsection (3) of this section is that these expenses are to be defrayed from dormant account money before apportionment for distribution, with the exception of expenses incurred in relation to the giving of directions for English expenditure. Subsection (3)(a) gives the Secretary of State the power to deduct these expenses from the sums apportioned for English spending. Subsections (6) to (10) give the devolved administrations the power to defray expenses incurred under the Act from the sums apportioned for distribution in their country.

Section 27: Interpretation of Part 2

90.This section defines a number of terms used in Part 2 of the Act.

Schedule 3: Further provision about the functions of the Big Lottery Fund

91.Schedule 3 sets out further functions of the Fund as the distributor of dormant account money. They include a requirement where so instructed to issue strategic plans relating to distribution of dormant account money in England, Scotland, Wales and Northern Ireland (Part 1) and a provision allowing it to delegate its dormant account functions to another body or person (Part 2). Part 2 also allows the devolved expenditure committees set up under the National Lottery etc Act 1993 to play a role in devolved expenditure under this Act.

92.Part 3 applies similar reporting obligations in respect of the distribution of dormant account money as those set out in the National Lottery etc Act 1993. These require the Fund to keep proper accounting records in respect of the distribution of dormant account money, separate from those of the distribution of lottery resources, and to prepare a statement of accounts relating to the distribution of such assets at the end of each financial year. The Fund will also be required to report to the Scottish Parliament and the Welsh and Northern Ireland Assemblies.

93.Part 4 includes the provision of a number of further powers in respect of the Big Lottery Fund’s role as the distributor of dormant account assets. These powers are similar to powers which the Fund has as a distributor under the National Lottery etc Act 1993.

94.Paragraph 12 enables the Fund to identify and approach any body, with a particular expertise, to invite it to make an application for dormant account money.

95.Paragraph 13 allows the Fund, when making a decision about distributing dormant account assets, both to consult any person and to take account of the opinions expressed to the Fund or information submitted to it as a result of that consultation. The paragraph is intended to remove any doubt about whether the Fund has the power to consult or take into account such opinions and information in exercising its powers to distribute dormant account assets.

96.Paragraph 14 is intended to remove any doubt about the powers of the Big Lottery Fund to publicise the distribution of dormant account money. As well as allowing the Fund to publicise its own award of a grant and its purposes, this section enables it to participate in publishing more general information about its work in relation to the distribution of dormant account money. The intention is that by doing so the Fund will be able to inform the public better about what the money it is distributing is achieving overall, and to raise awareness of, and support for, the results of the distribution of dormant account assets across the UK.

97.Paragraph 15 is intended to clarify that the Fund may give advice about the distribution of dormant account money and the use of dormant account money that has been distributed. For example, the Fund might provide advice to bodies applying to be a recipient of dormant account money.

Commencement

98.Parts 1 and 2 of the Act come into force following an order or orders made by the Treasury. The order (or orders) may provide for different provisions of the Act to come into force at different times.

99.Part 3 came into force on Royal Assent.

Hansard References

100.The following table sets out the dates and Hansard references for each stage of this Act’s passage through Parliament.