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Re: Does the National Lottery Fund qualify as public funding in relation to public sector guidelines

for

From: Jim Byrne Accessible Web Design
Date: Mar 14, 2024 5:21AM

Thanks Steve,

You're a fund of knowledge. Much appreciated. :-)

Speak soon,
Jim

> On 14 Mar 2024, at 11:00, Steve Green < <EMAIL REMOVED> > wrote:
>
> Which National Lottery Fund are you referring to? There's The National Lottery Community Fund, The National Lottery Heritage Fund and possibly others.
>
> The National Lottery Community Fund is an executive non-departmental public body, sponsored by the Department for Culture, Media and Sport. As such, it is clearly a public sector organisation.
> https://www.gov.uk/government/organisations/the-national-lottery-community-fund
>
> The National Lottery Heritage Fund is also a non-departmental public body accountable to Parliament via the Department for Culture, Media and Sport. As such, it is clearly a public sector organisation.
> https://www.heritagefund.org.uk/about
>
> Clause 3 of the PSBAR (https://www.legislation.gov.uk/uksi/2018/952/made) says:
> “public sector body” means—
>
> 1. the State;
>
>
> 1. regional or local authorities;
>
>
> 1. bodies governed by public law; or
>
>
> 1. associations formed by one or more of the authorities in paragraph (b) or one or more of the bodies in paragraph (c), if those associations are established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character;
>
> It also says:
> “bodies governed by public law” means bodies that have all of the following characteristics—
>
> 1. they are established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character;
>
>
> 1. they have legal personality; and
>
>
> 1. they have any of the following characteristics—
>
>
> 1. they are financed, for the most part, by the State, regional or local authorities, or by other bodies governed by public law;
>
>
> 1. they are subject to management supervision by those authorities or bodies;
>
>
> 1. they have an administrative, managerial or supervisory board, more than half of whose members are appointed by the State, regional or local authorities, or by other bodies governed by public law;
>
> In my view, all these criteria are met, so both organisations are subject to the PSBAR. It should be easy to verify the financing and supervision criteria.
>
> Steve Green
> Managing Director
> Test Partners Ltd
>
>
> From: WebAIM-Forum < <EMAIL REMOVED> > On Behalf Of Jim Byrne Accessible Web Design
> Sent: Thursday, March 14, 2024 10:30 AM
> To: WebAIM Discussion List < <EMAIL REMOVED> >
> Subject: Re: [WebAIM] Does the National Lottery Fund qualify as public funding in relation to public sector guidelines
>
> Thanks Patrick,
>
> I’ve not been able to find anything on the government website that clarifies this - and I can't find a contact link to ask a question. Is it possible to point me to someone who would know the definitive answer?
>
> Government guidance says, "Check with your legal adviser (if you have one) if you're not sure whether the new accessibility rules apply to you.” https://www.gov.uk/guidance/accessibility-requirements-for-public-sector-websites-and-apps
>
> Which is not helpful - as it's the government that makes the law.
>
> Thanks,
> Jim
>
>
>> On 13 Mar 2024, at 16:21, Patrick H. Lauke < <EMAIL REMOVED> <mailto: <EMAIL REMOVED> >> wrote:
>>
>> My gut feeling would be to err on the side of "yes", but IANAL.
>>
>> P
>> --
>> Patrick H. Lauke
>>
>> * https://www.splintered.co.uk/
>> * https://github.com/patrickhlauke
>> * https://flickr.com/photos/redux/
>> * https://mastodon.social/@patrick_h_lauke
>>
>> >> >> >> > [cid: <EMAIL REMOVED> 5D0EB0]
>
>
> About Jim Byrne
> With over two decades of experience Jim Byrne is one of the UK's most experienced practitioners in the area of accessible web design. Jim provided feedback during the development of WCAG 2 as part of the Guild of Accessible Website Designers. He is the author of a number of technical books, training courses and accessibility guides. Jim was a winner of the equal access category of the Global Bangemann Challenge.
>
> Jim Byrne: Specialist in Accessible Website Design.
>
> Web: http://www.jimbyrne.co.uk
>
> Twitter: http://twitter.com/#!/jimbyrnewebdev
>
> Facebook: https://www.facebook.com/thirdsectorwebsitedevelopment
>
>
> > > > > <image001.jpg>> > > 


About Jim Byrne
With over two decades of experience Jim Byrne is one of the UK's most experienced practitioners in the area of accessible web design. Jim provided feedback during the development of WCAG 2 as part of the Guild of Accessible Website Designers. He is the author of a number of technical books, training courses and accessibility guides. Jim was a winner of the equal access category of the Global Bangemann Challenge.

Jim Byrne: Specialist in Accessible Website Design.

Web: http://www.jimbyrne.co.uk

Twitter: http://twitter.com/#!/jimbyrnewebdev

Facebook: https://www.facebook.com/thirdsectorwebsitedevelopment