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A | |
Bill | |
To | |
Make further provision about the election of the next Northern Ireland | |
Assembly; to make further provision about periods when section 1 of the | |
Northern Ireland Act 2000 is in force; and for connected purposes. | |
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and | |
consent of the Lords Spiritual and Temporal, and Commons, in this present | |
Parliament assembled, and by the authority of the same, as follows:— | |
1 Election of next Assembly | |
(1) The Northern Ireland Act 1998 (c. 47) (in this Act referred to as “the 1998 Act”) | |
is amended as provided in subsections (2) and (3). | |
(2) In section 31 (which provides for dates of Assembly elections and dissolutions, | |
etc), for subsection (2) there is substituted— | 5 |
“(2) The date of the poll for the election of the Assembly next following the | |
Assembly elected under section 2 of the Northern Ireland (Elections) | |
Act 1998 (and dissolved on 28th April 2003) shall be a date to be | |
specified in an order made by the Secretary of State.” | |
(3) In section 96 (orders and regulations), after subsection (1) there is inserted— | 10 |
“(1A) An order under section 31(2) shall be made by statutory instrument, | |
which shall be laid before Parliament by the Secretary of State after it is | |
made.” | |
(4) The following apply in relation to the ordinary general election the poll for | |
which is to be held on the date specified in an order under section 31(2) of the | 15 |
1998 Act— | |
(a) the entry for Rule 1 of the Parliamentary Elections Rules (timetable) in | |
Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (SI | |
2001/2599) (which provides for the application with modifications to | |
Assembly elections of provisions of the Representation of the People | 20 |
Act 1983 (c. 2) and other Acts) is to have effect as if the first entry in the | |
second column of the substituted Timetable (which relates to | |
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publication of notice of an election) read “Not later than the 20th day | |
before the date of the poll.”, and | |
(b) paragraph 7 of each of Schedules 9 and 10 to the Political Parties, | |
Elections and Referendums Act 2000 (c. 41) (which provide for limits on | |
campaign expenditure and controlled expenditure respectively in | 5 |
relation to Assembly elections) is to have effect as if “the relevant | |
period” for the purposes of that paragraph were the period beginning | |
with the date when the order under section 31(2) of the 1998 Act is | |
made and ending with the date of the poll (and sub-paragraphs (3) and | |
(4) of that paragraph are not to apply). | 10 |
(5) In section 1 of the Northern Ireland Assembly Elections Act 2003 (c. 3) (dates of | |
election, etc), the following are repealed— | |
paragraph (a) of subsection (2), | |
subsections (3) to (6). | |
2 May election: supplementary provisions | 15 |
(1) Any step taken pursuant to the Election Rules in connection with the May | |
election— | |
(a) shall cease to have effect in relation to that election, and | |
(b) is not to have effect in relation to any other election. | |
(2) This applies, for example, to the delivery of any nomination paper in | 20 |
connection with the May election. | |
(3) Any deposit made for the purposes of the May election is to be returned. | |
(4) In this section, the “Election Rules” means the rules in Schedule 1 to the | |
Representation of the People Act 1983 (c. 2), as applied by Article 3 of and | |
Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (SI 2001/ | 25 |
2599). | |
3 Payments relating to May election | |
(1) The Secretary of State may make payments, in accordance with a scheme under | |
this section, in connection with the May election. | |
(2) The scheme must provide for the payments to be made to— | 30 |
(a) registered parties, in connection with campaign expenditure, and | |
(b) candidates at the May election, in connection with their election | |
expenses. | |
(3) The scheme must make provision for— | |
(a) what is to count as campaign expenditure or as election expenses | 35 |
(including any period during which it or they must have been incurred | |
in order to count), | |
(b) who is to count as a candidate, | |
(c) a ceiling on payments that may be made under the scheme (or different | |
ceilings for different descriptions of payment), and | 40 |
(d) arrangements for claiming, verifying and making the payments | |
(including any date by which claims must be made), | |
and it may make provision for anything else which is relevant for the purposes | |
of the scheme. | |
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(4) The scheme may, in particular, provide for campaign expenditure which | |
would have counted towards the total by virtue of section 1(5) of the Northern | |
Ireland Assembly Elections Act 2003 (c. 3) to count correspondingly for the | |
purposes of payments under the scheme. | |
(5) The Electoral Commission must submit recommendations to the Secretary of | 5 |
State for the terms of the scheme. | |
(6) When the Secretary of State receives the recommendations, he must make a | |
scheme in terms which either give effect to those recommendations, or which | |
do so with any modifications he thinks appropriate. | |
(7) The Secretary of State must publish the scheme which he makes, and he may | 10 |
do so in any way which appears appropriate to him. | |
(8) Payments made under a scheme under this section are to be made out of money | |
provided by Parliament. | |
(9) In this section, “registered party” has the same meaning as in the Political | |
Parties, Elections and Referendums Act 2000 (c. 41). | 15 |
4 Remuneration of members of the Assembly | |
(1) In relation to the dissolution of the Assembly on 28th April 2003 and the next | |
Assembly election, section 47 of the 1998 Act (remuneration of members) is to have | |
effect as if, for subsection (10) of that section, there were substituted— | |
“(10) For the purposes of this section, a person who is a member of the Assembly | 20 |
immediately before the Assembly is dissolved shall be treated— | |
(a) as if he were a member of the Assembly until the end of the day which | |
is the latest day for the delivery of nomination papers for the next | |
Assembly election; and | |
(b) if he is nominated as a candidate at the next Assembly election, as if he | 25 |
were a member of the Assembly until the end of the day of the poll for | |
that election.” | |
(2) Subsection (1) does not affect an entitlement any person has by virtue of section 47(10) | |
of the 1998 Act in respect of any period before the passing of this Act. | |
(3) While section 1 of the Northern Ireland Act 2000 (c. 1) is in force, references in | 30 |
subsections (1) and (2) to section 47 of the 1998 Act are to be read with paragraph 9 of | |
the Schedule to the 2000 Act. | |
(4) In this section, “the next Assembly election” means the election the poll for which is to | |
be held on the date specified in an order under section 31(2) of the 1998 Act (as | |
substituted by section 1(2) of this Act) . | 35 |
5 Supplementary provisions | |
(1) The Schedule to the Northern Ireland Act 2000 (provisions applicable during | |
suspension) is amended as follows. | |
(2) In paragraph 7 (subordinate instruments, etc), after sub-paragraph (6) there is | |
inserted— | 40 |
“(6A) Without prejudice to any requirement under this Schedule, so much | |
of any enactment or instrument as requires any instrument or | |
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document to be laid before the Assembly does not apply during any | |
period while section 1 is in force when the Assembly is dissolved.” | |
(3) In paragraph 11 (audit), after sub-paragraph (3) there is added— | |
“(4) While section 1 is in force, Article 6(2) of the Audit (Northern | |
Ireland) Order 1987 (expenses and accounts of Northern Ireland | 5 |
Audit Office) shall have effect as if for the words “the committee | |
established under section 66 of the Northern Ireland Act 1998”, and | |
“that committee”, there were substituted “the Department”.” | |
(4) After paragraph 11, there is added— | |
“Use of resources and resource accounts | 10 |
11A While section 1 is in force, the Government Resources and Accounts | |
Act (Northern Ireland) 2001 shall have effect as if— | |
(a) in section 6(4), for the words “an estimate is approved by the | |
Assembly for that body or person in respect of each financial | |
year” there were substituted “an estimate was approved by | 15 |
the Assembly for that body or person in respect of the | |
financial year ending 31st March 2003”; | |
(b) in section 9(1), for the words “A Northern Ireland | |
department for which an estimate is approved by the | |
Assembly in respect of a financial year shall prepare accounts | 20 |
(to be known as resource accounts) for that year” there were | |
substituted “Each Northern Ireland department shall prepare | |
accounts (to be known as resource accounts) for each | |
financial year”; and | |
(c) in section 13(1), for the words “an estimate is approved by the | 25 |
Assembly for any body or person in respect of any financial | |
year” there were substituted “the use of resources by any | |
body or person is authorised in respect of any financial year | |
by Act of the Assembly”.” | |
(5) In paragraph 13 (Ombudsman and Commissioner for Complaints), after sub- | 30 |
paragraph (2) there is added— | |
“(3) During any period while section 1 is in force when the Assembly is | |
dissolved, any complaint under the Ombudsman (Northern Ireland) | |
Order 1996 may be made to, and referred to the Ombudsman by, a | |
member of the House of Commons; and references to a member of | 35 |
the Assembly in Articles 9, 11, 16 and 18 of that Order shall be | |
construed accordingly.” | |
(6) After paragraph 13, there is added— | |
“Financial assistance for political parties | |
14 While section 1 is in force, the Financial Assistance for Political Parties Act | 40 |
(Northern Ireland) 2000 shall have effect as if— | |
(d) in section 1, for the words “assisting members of the Assembly who | |
are connected with such parties to perform their Assembly duties” | |
there were substituted “assisting them to engage in political | |
discussions about a return to devolved government”; and | 45 |
(e) in section 2(2), paragraph (c) were omitted.” | |
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