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The Public Bodies (Abolition of the National Endowment for Science, Technology and the Arts) Order 2012

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2012, ISBN 9780111519394

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 11 of the Public Bodies Act 2011, for approval by resolution of each House of Parliament after the expiry of the 40-day period referred to in section 11(4) of that Act.

Public Bodies

Made ***

Coming into force ***

The Secretary of State for Business, Innovation and Skills makes the following Order in exercise of the powers conferred by sections 1(1), 6(1) and (5) and 35(2) of the Public Bodies Act 2011f1 (“the Act”).

The Secretary of State considers that this Order—

(a)

serves the purpose of improving the exercise of public functions, having had regard to the factors set out in section 8(1) of the Act; and

(b)

does not remove any necessary protection or prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise.

The consent of the Scottish Parliament and the consent of the Northern Ireland Assembly have, so far as required, been obtained in accordance with section 9(1) and (3) of the Act.

The Secretary of State has consulted in accordance with section 10 of the Act.

The Secretary of State has consulted the Welsh Ministers in accordance with section 63(1) of the Government of Wales Act 2006f2.

A draft of this Order and an explanatory document containing the information required in section 11(2) of the Act have been laid before Parliament in accordance with section 11(1) after the end of the period of twelve weeks mentioned in section 11(3). In accordance with section 11(4) of the Act, the draft of this Order has been approved by a resolution of each House of Parliament after the expiry of the 40-day period referred to in that provision.

Annotations to the whole text

Footnotes

f1

2011 c.24.

f2

2006 c.32.

Contents

  1. 1Citation and commencement
  2. 2Abolition
  3. 3Amendments
  4. Signature
  5. Schedule CONSEQUENTIAL AMENDMENTS
  6. Explanatory note

1Citation and commencement

(1)

This Order may be cited as the Public Bodies (Abolition of the National Endowment for Science, Technology and the Arts) Order 2012.

(2)

Subject to paragraph (3), this Order shall come into force on 1st April 2012 or, if the Order is made on or after 1st April 2012, 28 days after the day on which it is made.

(3)

Article 3(2) shall come into force on the day after that on which the other provisions of this Order come into force.

2Abolition

The National Endowment for Science, Technology and the Arts, which was established by section 16 of the National Lottery Act 1998f1, is abolished.

3Amendments

(1)

The consequential amendments and revocation which are set out in the Schedule shall have effect.

(2)

In Schedule 1 to the Public Bodies Act 2011, the entry relating to the National Endowment for Science, Technology and the Arts is omitted.

Signature

Name

Minister of State

Department for Business, Innovation and Skills

Date

CONSEQUENTIAL AMENDMENTS

Legislation

Provision

Amendment

Parliamentary Commissioner Act 1967f1Schedule 2Omit “National Endowment for Science, Technology and the Arts”.
House of Commons Disqualification Act 1975f2Part III of Schedule 1Omit the entry relating to the Chairman and other members of the National Endowment for Science, Technology and the Arts.
Northern Ireland Assembly Disqualification Act 1975f3Part III of Schedule 1Omit the entry relating to the Chairman and other members of the National Endowment for Science, Technology and the Arts.
Finance Act 1982f4Section 129(1)Omit “or to the National Endowment for Science, Technology and the Arts”.
Inheritance Tax Act 1984f5Schedule 3Omit “The National Endowment for Science, Technology and the Arts”.
Finance Act 1986f6Section 90(7)Omit paragraph (e) and the preceding “or”.
Taxation of Chargeable Gains Act 1992f7Section 271(7)

After “Historic Buildings and Monuments Commission for England” insert “and”.

Omit “and the National Endowment for Science, Technology and the Arts”.

National Lottery etc Act 1993f8Section 22For subsection (4) substitute - “(4) This section has effect subject to section 25 of the Horserace Betting and Olympic Lottery Act 2004.”
National Lottery Act 1998f9Part IIOmit Part II (including Schedule 4).
Freedom of Information Act 2000f10Part VI of Schedule 1Omit the entry relating to the National Endowment for Science, Technology and the Arts.
Finance Act 2003f11Section 69Omit paragraph (b).
Income Tax (Trading and Other Income) Act 2005f12Section 108(4)Omit paragraph (e).
Section 620(5)

In the definition of “charity” – (a) insert “and” after paragraph (a); and

(b) omit paragraph (c) and the preceding “and”.

Section 628(6)

In the definition of “charity” –

(a) insert “and” after paragraph (a); and

(b) omit paragraph (c) and the preceding “and”.

National Endowment for Science, Technology and the Arts (Increase of Endowment) Order 2006f13Revoke.
Income Tax Act 2007f14Section 430(1)

Insert “and” after paragraph (a).

Omit paragraph (c) and the preceding “and”.

Section 446

Insert “and” after paragraph (a).

Omit paragraph (c) and the preceding “and”.

Corporation Tax Act 2009f15Section 105(4)

Insert “and” after paragraph (a).

Omit paragraph (c) and the preceding “and”.

Corporation Tax Act 2010f16Section 202

Insert “or” at the end of paragraph (c).

Omit paragraph (e) and the preceding “or”.

Section 217Insert “or” after paragraph (b). Omit paragraph (d) and the preceding “or”.
Section 468

Insert “and” after paragraph (c).

Omit paragraph (e) and the preceding “and”.

Explanatory note

(This note is not part of the Order)

The National Endowment for Science, Technology and the Arts (“NESTA”) was established by the National Lottery Act 1998. This Order abolishes NESTA using powers contained in the Public Bodies Act 2011.

A full economic impact assessment has been produced for this Order by the Department for Business, Innovation and Skills and is annexed to the Explanatory Document for this Order on www.legislation.gov.uk.