The Public Bodies (Merger of the Gambling Commission and the National Lottery Commission) Order 2013

This Order may be cited as the Public Bodies (Merger of the Gambling Commission and the National Lottery Commission) Order 2013.

This Order comes into force on 1st October 2013, except for article 9 (repeal in relation to the Public Bodies Act 2011) which comes into force on 2nd October 2013.

In this Order—

Articles 5 and 8 (in so far as it applies to property, rights and liabilities transferred under article 5) constitute a transfer scheme under section 23(1) of the 2011 Act.

The functions of the National Lottery Commission are transferred to the Gambling Commission^f1.

The Schedule, which makes consequential, supplementary and incidental provision in relation to the transfers described in paragraph (1), has effect.

All the property, rights and liabilities to which the National Lottery Commission is entitled or subject immediately before the merger date become on that date the property, rights and liabilities of the Gambling Commission.

Paragraph (1) has effect in relation to property, rights and liabilities—

The Gambling Commission must make a report to the Secretary of State and the Scottish Ministers on the exercise by the National Lottery Commission of its functions during the financial year beginning on 1st April 2013 and ending immediately before the merger date.

The Gambling Commission must make the report described in paragraph (1) on the same day that it makes a report under section 14(1) of the 1993 Act (annual report)^f1 on its exercise of the relevant functions during the financial year ending on 31st March 2014.

The Secretary of State must lay a copy of the report made under paragraph (1) before Parliament.

The Scottish Ministers must lay a copy of the report made under paragraph (1) before the Scottish Parliament.

The Gambling Commission must prepare a statement of accounts of the National Lottery Commission in respect of any financial year (or part of any financial year) for which no statement of accounts was prepared and sent under paragraph 11(3) of Schedule 2A to the 1993 Act^f1 to the Secretary of State and the Comptroller and Auditor General prior to the merger date.

A statement of accounts prepared by the Gambling Commission under paragraph (1) must comply with any directions that may be given by the Secretary of State as to the information to be contained in such a statement, the manner in which such information is to be presented or the methods and principles according to which such a statement is to be prepared.

Copies of a statement of accounts must be sent to the Secretary of State and the Comptroller and Auditor General within such period after the merger date as the Secretary of State may direct.

The Comptroller and Auditor General must examine, certify and report on a statement of accounts, and must lay copies of each such statement and report before Parliament.

The Secretary of State must not give a direction under paragraph (2) or (3) without the approval of the Treasury.

Nothing in this Order affects the validity of anything done by or in relation to the National Lottery Commission before the merger date.

Anything (including any legal proceedings) which immediately before the merger date is in the process of being done by or in relation to the National Lottery Commission may be continued on and after the merger date by or in relation to the Gambling Commission.

Anything done by or in relation to the National Lottery Commission which has effect immediately before the merger date has effect, so far as is necessary for continuing its effect on or after the merger date, as if done by or in relation to the Gambling Commission.

So far as necessary or appropriate for the purposes of or in consequence of article 4 or 5, on and after the merger date a reference to (and a reference which is to be read as a reference to) the National Lottery Commission in an enactment, instrument or other document is to be treated as, or as including, a reference to the Gambling Commission.

in the heading, for “National Lottery” substitute “Gambling”;

omit subsection (1); and

in subsection (2), before “Commission” insert “Gambling”.

in subsections (1) and (2), for “National Lottery” substitute “Gambling”;

in subsection (1), after “Commission” insert “for use in the exercise of its national lottery functions”;

in subsection (2), after “information”, insert “received by it in the exercise of its national lottery functions”; and

after subsection (5), insert—

“(6)

In this section “national lottery functions” means functions conferred or imposed under or by virtue of—

(a)

a provision of this Act other than section 10C, and

(b)

Part 3 of the Horserace Betting and Olympic Lottery Act 2004.”.

in subsections (1) and (5), for “Gambling Commission” substitute “Commission”;

in subsection (7)—

omit subsection (8).

in subsection (1), before “functions” insert “relevant”;

after subsection (2), insert—

“(2A)

In subsection (1) “relevant functions” means functions conferred or imposed under or by virtue of—

(a)

a provision of this Act other than section 10C,

(b)

Part 3 of the Horserace Betting and Olympic Lottery Act 2004, and

(c)

section 6(2) of the National Lottery Act 2006.”; and

in subsection (4), omit “National Lottery”.

in subsection (2)(aa), for “Schedule 2A” substitute “Schedule 4 to the Gambling Act 2005, so far as those payments relate to expenses of the Gambling Commission incurred or to be incurred in exercising its relevant functions”; and

after subsection (4), insert—

“(5)

In subsection (2)(aa) “relevant functions” means functions conferred or imposed under or by virtue of—

(a)

a provision of this Act other than section 10C,

(b)

Part 3 of the Horserace Betting and Olympic Lottery Act 2004, and

(c)

section 6(2) of the National Lottery Act 2006.”.

in the heading, for “National Lottery” substitute “Gambling”; and

omit paragraphs 1 to 8 and 10 to 14.

insert the following entry at the appropriate place—

“Gambling Commission.”; and

omit the entry relating to the National Lottery Commission.

insert the following entry at the appropriate place—

“The Gambling Commission.”; and

omit the entry relating to the National Lottery Commission.

for paragraph 23 substitute—

“23.

A disclosure for the purpose of enabling or assisting the Gambling Commission to exercise its functions under any of the following—

(a)

the Gambling Act 2005;

(b)

sections 5 to 10 and 15 of the National Lottery etc. Act 1993.”;

in paragraph 24, for “National Lottery Commission”, in both places, substitute “Gambling Commission”; and

omit paragraph 50.

omit the entry relating to the National Lottery Commission^f2; and

for the words in the second column of the entry relating to the Gambling Commission, substitute—

“Functions under—

(a)

the Gambling Act 2005,

(b)

sections 5 to 10 and 15 of the National Lottery etc. Act 1993.”

for “National Lottery Commission” substitute “Gambling Commission”;

for “their” substitute “its”;

for “member” substitute “commissioner”; and

for “Schedule 2A to that Act” substitute “Schedule 4 to the Gambling Act 2005”.

in subsection (2)(b) of section 21 (licensing of Olympic Lotteries), for “National Lottery” substitute “Gambling”;

in subsection (5)(b) of section 22 (timing), for “National Lottery” substitute “Gambling”;

in section 26 (payments out of Fund)—

in subsection (4)(b)(i) of section 31 (distribution policy), for “National Lottery” substitute “Gambling”.

in Part 2 of Schedule 2 (specified persons, descriptions of disclosures etc. for the purposes of section 948)—

in Part 2 of Schedule 11A (specified persons, descriptions, disclosures etc. for the purposes of section 1224A)—

in article 2(f), for “National Lottery Commission” substitute “Gambling Commission”; and

in paragraphs 18(a) and (b) of Schedule 3 (excepted proceedings), for “National Lottery Commission” substitute “Gambling Commission”.

for the definition of “the Director General” in regulation 3, substitute—

• ““the Commission” means the Gambling Commission;”; and

in every other place in which it occurs—

in regulation 12A, for “National Lottery” substitute “Gambling”;

in Schedule 2 (disclosure of confidential information not subject to single market restrictions), omit the entry for the National Lottery Commission; and

in paragraph (b)(x) of Schedule 3 (prescribed disciplinary proceedings)—

in paragraph (2) of article 2 (designation of the Comptroller and Auditor General for the purposes of section 449(1B) of the 1985 Act; and restriction on disclosure under that section); and

in paragraph (4) of article 3 (addition of the Comptroller and Auditor General to the Table in section 87(4) of the 1989 Act; and restriction on disclosure under section 87(1)(b)).

in the heading, for “National Lottery” substitute “Gambling”;

in paragraph (1), for “Schedule 2A to the 1993 Act” substitute “Schedule 4 to the Gambling Act 2005, so far as those payments relate to expenses of the Gambling Commission incurred or to be incurred in exercising its relevant functions”;

in paragraph (2), for “Schedule 2A to the 1993 Act”, substitute “Schedule 4 to the Gambling Act 2005”; and

after paragraph (2), insert—

“(3)

In paragraph (1), “relevant functions” means functions conferred or imposed under or by virtue of—

(a)

a provision of the 1993 Act other than section 10C,

(b)

Part 3 of the 2004 Act, and

(c)

section 6(2) of the National Lottery Act 2006.”.

In the Schedule to the English language text of the Welsh Language Schemes (Public Bodies) Order 2008^f1, omit the reference to “National Lottery Commission”.

In the Schedule to the Welsh language text of that Order, omit the reference to “Comisiwn y Loteri Genedlaethol”.

for paragraph 3 of Schedule 1 (proceedings) substitute—

“3.

Proceedings—

(a)

before the Gambling Commission, including proceedings in respect of the grant or revocation of a licence under Part 1 of the National Lottery etc. Act 1993; or

(b)

by way of appeal to the Court of Session against the revocation of such a licence by the Gambling Commission.”;

omit paragraph 14 of Schedule 1; and

in Schedule 3 (exclusions of section 4(2)(a) and (b) of the Act), in the heading to paragraph 8 and in paragraph 8, for “National Lottery Commission” substitute “Gambling Commission”.