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Policy

Corporate Governance Framework

Our corporate governance framework sets out the necessary responsibilities and procedures that guarantee we operate properly.

Published
29 October 2021

Last updated
27 February 2023 - Changes

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  1. Contents
  2. Appendix 13 – National Lottery Competition Committee terms of reference
  3. Delegated powers

Delegated powers

10. In accordance with Paragraph 8 of Schedule 4 of the Gambling Act 2005 (as amended) the Board hereby delegates to the Committee the decisions and functions set out as follows.

Stage: Design

Delegation

During the Design stage, the Board delegates to the Committee the following decisions and functions:

  • maintenance of strategies that set the direction of the programme, specifically:
    • the Commercial Strategy (how the competition is run)
    • the Regulatory Strategy (how performance of the Licensee is monitored and the approach to enforcement)
    • the Stakeholder Management and Communications Strategy (how stakeholders are engaged effectively)
    • the Risk Management Strategy (how risks and opportunities are identified, managed and mitigated)
    • all Strategies and guidance documents referenced in ITA.
  • approve the composition of the evaluation panel
  • maintenance of the Communications Plan and handling measures to mitigate Commission reputational risk
  • endorsement of SRO assurance that the principal programme products have been legally reviewed, and are of good quality, specifically:
    • Selection Questionnaire (SQ) document and process for down-selection
    • Invitation to Apply (ITA) document, including tender requirements and evaluation criteria
    • Integrated Policy Position (IPP), including all underlying evidence and analysis
    • fourth National Lottery Section 5 licence, including all referenced schedules.
  • approval to publish draft ITA and draft Licence, subject to SRO assurance that products are ready and fit-for-purpose
  • endorsement of SRO assurance that the programme Outline Business Case is robust and underlying plans are fully costed and risk adjusted.

Stage: Competition

Delegation

During the Competition stage, the Board delegates to the Committee the following decisions and functions:

  • approving the recommendation of the Evaluation Panel after SQ stage, as endorsed by the SRO
  • endorsing the ranking of applicants, arising from the Evaluation Panel and validated by the SRO, for presentation to Board for final approval of the preferred applicant
  • recommend to Board that the programme Full Business Case is ready for submission, having received the assurance of the SRO that the case is robust and underlying plans are fully costed and risk adjusted
  • approve the SRO recommendation that the Programme can move from Competition to Implementation Stage.

Stage: Implementation

Delegation

During the Implementation stage, the Board delegates to the Committee the following decisions and functions:

  • recommend to the Board a governance process to handover the Programme into business as usual
  • recommend to the Board full, or partial, implementation of the Fourth Licence
  • recommend to the Board any steps to invoke a breach or termination of the Enabling Agreement, including the substitution of the Reserve Applicant
  • oversight of assurance framework
  • recommend to the Board that the Implementation Stage should end, with the regulation of the licence moving into business as usual and that the Programme can be closed
  • endorsing the SRO’s recommendation that the Programme closure documents are ready for submission.

11. For clarity, matters reserved to the Board in relation to the Competition and Implementation, and those delegated to the role of the SRO are listed in Annex A.

12. Any other decisions relating to the Competition which are not otherwise specifically reserved or delegated under these terms of reference are hereby delegated to the Chief Executive or SRO.

13. The Board authorises the Committee to seek:

  • independent professional advice it requires in meeting its responsibilities if it considers it necessary
  • information from officials
  • information from the National Lottery operator
  • information from potential Applicants and Applicants
  • information from the Incoming and Outgoing Licensee (and the Reserve Applicant, if appointed).

14. It will be normal practice to channel such requests through the SRO, Chief Executive or another member of the Executive Team.

15. Where the Committee is unable to make a decision regarding any functions that have been delegated to it, the Committee shall be required to refer such matter to the Board for deliberation and direction.

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