2011 No. 739
S-1
Citation and commencementCitation and commencement
1.—(1) This Order may be cited as the Transfer of Functions (Big Lottery Fund) Order 2011.
(2) This Order comes into force on 13th April 2011.
S-2
Transfer of certain functions relating to the Big Lottery FundTransfer of certain functions relating to the Big Lottery Fund
2.—(1) The functions of the Secretary of State under the following provisions of the National Lottery etc Act 1993(“the 1993 Act”) are transferred to the Minister for the Cabinet Office—
(a)
(a) section 22(3A) and (3C) (power to prescribe descriptions of expenditure for which money allocated to the Big Lottery Fund may be distributed);
(b)
(b) section 34(1) and (3) (annual reports by distributing bodies), so far as the functions relate to the Big Lottery Fund;
(c)
(c) section 36B(3) and (5) (limits on amount distributed by the Big Lottery Fund);
(d)
(d) section 36E (directions to the Big Lottery Fund), except so far as the functions relate to financial directions;
(e)
(e) Schedule 4A (the Big Lottery Fund: constitution, proceedings and money).
(2) For the purposes of paragraph (1)(d), a “financial direction” is a direction given by virtue of—
(a)
(a) section 36E(3)(a) or (c) of the 1993 Act, or
(b)
(b) section 36E(3)(d) of that Act in relation to a matter specified in section 36E(3)(a) or (c) of that Act.
Supplementary
3.—(1) This Order does not affect the validity of anything done (or having effect as if done) by or in relation to the Secretary of State before the coming into force of this Order.
(2) Anything (including legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to the Secretary of State may, so far as it relates to a function transferred to the Minister for the Cabinet Office under article 2, be continued by or in relation to the Minister for the Cabinet Office.
(3) Anything done (or having effect as if done) by or in relation to the Secretary of State in connection with a function transferred to the Minister for the Cabinet Office under article 2 has effect, so far as is necessary for continuing its effect after the coming into force of this Order, as if done by or in relation to the Minister for the Cabinet Office.
(4) Documents or forms printed for use in connection with a function transferred to the Minister for the Cabinet Office under article 2 may be used in connection with that function even though they contain, or are to be read as containing, references to the Secretary of State; and for the purposes of the use of any such documents or forms after the coming into force of this Order, those references are to be read as references to the Minister for the Cabinet Office.
(5) Any enactment or instrument passed or made before the coming into force of this Order has effect, so far as is necessary for the purposes of or in consequence of article 2, as if references to (and references which are to be read as references to) the Secretary of State were or included references to the Minister for the Cabinet Office.
(6) In paragraphs (1) to (5)—
(a)
(a) the references to the Secretary of State include references to the department for Culture, Media and Sport or an officer of the Secretary of State, and
(b)
(b) the references to the Minister for the Cabinet Office includes references to the Cabinet Office or an officer in the Cabinet Office accordingly.
(7) In paragraph (5) “instrument” includes Royal Charters, Royal Warrants, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, licences, authorisations, consents, approvals, contracts and other agreements, memoranda and articles of association, certificates, deeds and other documents.
S-4
Consequential amendmentsConsequential amendments
4. The Schedule has effect.
SCHEDULE
Article 4
CONSEQUENTIAL AMENDMENTS
National Lottery etc Act 1993
1. The National Lottery etc Act 1993 is amended as follows.
2. In section 22(3A) and (3C) (power to prescribe descriptions of expenditure for which money allocated to the Big Lottery Fund may be distributed), for “Secretary of State” substitute “Minister for the Cabinet Office”.
3. In section 25C(3)(a) (strategic plans for distributing bodies), after “Secretary of State” insert “or the Minister for the Cabinet Office”.
4. In section 31(2)(b) (payments from Distribution Fund in respect of expenses), after “Secretary of State” insert “or the Minister for the Cabinet Office”.
5. In section 34 (annual reports by distributing bodies), after subsection (6)insert—
