Northern Ireland (Miscellaneous Provisions) Bill

House of Commons

Session 2005 - 06
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Northern Ireland (Miscellaneous Provisions) Bill

Northern Ireland (Miscellaneous Provisions) Bill
Schedule 2 — Department with policing and justice functions
29

(b)
the relevant junior Ministerial office.
      (8)
The relevant Minister and the relevant junior Minister—
(a)
shall not take up office until each of them has affirmed the
terms of the pledge of office; and
(b)
must take up office at the same time as each other.
5
      (9)
The relevant Minister or the relevant junior Minister shall cease to
hold office if—
(a)
he resigns by notice in writing to the First Minister and the
deputy First Minister;
(b)
he ceases to be a member of the Assembly otherwise than
10
by virtue of a dissolution; or
(c)
he is dismissed by the First Minister and the deputy First
Minister acting jointly and the Presiding Officer is notified
of his dismissal.
     (10)
Sub-paragraph (11) applies if the relevant Minister or the relevant
15
junior Minister ceases to hold office at any time, otherwise than—
(a)
by virtue of sub-paragraph (1); or
(b)
by virtue of the rotation of the persons holding those
offices in accordance with provision referred to in
paragraph 5(1)(b)(ii).
20
     (11)
Where this sub-paragraph applies—
(a)
the other shall also cease to hold office at that time; and
(b)
the relevant Ministerial office and the relevant junior
Ministerial office shall be filled by applying sub-
paragraphs (3) to (6) within a period specified in standing
25
orders.
     (12)
Where—
(a)
the Assembly has resolved under section 30(2) that a
political party does not enjoy its confidence; and
(b)
the party’s period of exclusion under that provision has
30
not come to an end,

no member of that party may be nominated under sub-paragraph
(3).
     (13)
Where—
(a)
the Secretary of State has given a direction under section
35
30A(5) in respect of a political party; and
(b)
the party’s period of exclusion under that provision has
not come to an end,

no member of that party may be nominated under sub-paragraph
(3).
40
     (14)
In this paragraph, a reference to a period of exclusion under any
provision is, in the case of a period of exclusion under that
provision which has been extended, a reference to that period as
extended.

Northern Ireland (Miscellaneous Provisions) Bill
Schedule 3 — Extension to Northern Ireland of provisions of SOCAP 2005
30

Part 3
Power to make further modifications
9     (1)
Her Majesty may by Order in Council make such further
modifications of any enactment (whenever passed or made) as
appear to Her Majesty to be necessary or expedient—
5
(a)
in consequence of, or
(b)
for giving full effect to,

an Act of the Assembly which makes provision of the kind
mentioned in section 21A(3) or (4).
      (2)
No recommendation shall be made to Her Majesty to make an
10
Order under this paragraph unless a draft of it has been laid before
and approved by resolution of each House of Parliament.”
Schedule 3
Section 27

Extension to Northern Ireland of provisions of SOCAP 2005
Introduction
15
1
Amend the Serious Organised Crime and Police Act 2005 (c. 15) as follows.
Director of Public Prosecutions for Northern Ireland to be an Investigating Authority
2     (1)
Amend section 60 (investigatory powers of DPP etc.) as follows.
      (2)
In subsection (1), at the end of paragraph (c) insert “and
(d)
the Director of Public Prosecutions for Northern Ireland,”.
20
      (3)
After subsection (4) insert—
“(4A)
The Director of Public Prosecutions for Northern Ireland may, to
such extent as he may determine, delegate the exercise of his powers
under this Chapter to a Public Prosecutor.”
      (4)
In subsection (5), at the end of paragraph (c) insert “, or
25
(d)
the Director of Public Prosecutions for Northern Ireland.”
      (5)
In subsection (6), for “or (4)” substitute “, (4) or (4A)”.
Offences to which Chapter 1 of Part 2 applies to include certain Northern Ireland offences
3     (1)
Amend section 61 (offences to which Chapter 1 of Part 2 applies) as follows.
      (2)
In subsection (1), after paragraph (b) insert—
30
“(ba)
any offence listed in Schedule 5 to that Act (lifestyle offences:
Northern Ireland);”.
      (3)
In subsection (1)(e), after “1968 (c. 60)” insert “or section 17 of the Theft Act
(Northern Ireland) 1969”.
      (4)
In subsection (1)(f), after “1981 (c. 47)” insert “or Article 3 of the Criminal
35
Attempts and Conspiracy (Northern Ireland) Order 1983”.

Northern Ireland (Miscellaneous Provisions) Bill
Schedule 3 — Extension to Northern Ireland of provisions of SOCAP 2005
31

      (5)
In subsection (1)(g), after “1977 (c. 45)” insert “or Article 9 of the Criminal
Attempts and Conspiracy (Northern Ireland) Order 1983”.
      (6)
In subsection (2)(b), after “1968 (c. 60)” insert “or section 17 of the Theft Act
(Northern Ireland) 1969”.
      (7)
In subsection (4), after “Wales” (in both places) insert “or Northern Ireland”.
5
Member of staff of SOCA not to be “appropriate person” in application of Chapter to Northern
Ireland
4
In section 62 (disclosure notices), in subsection (2), at the end insert—

“But in the application of this Chapter to Northern Ireland, this
subsection has effect as if paragraph (b) were omitted.”
10
Restrictions on requiring information etc.: modification for Northern Ireland
5
In section 64 (restrictions on requiring information etc.), in subsection (5),
after “1984 (c. 60)” insert “or, in relation to Northern Ireland, Article 13 of the
Police and Criminal Evidence (Northern Ireland) Order 1989”.
Restrictions on use of statements: modification for Northern Ireland
15
6
In section 65 (restrictions on use of statements), in subsection (2), at the end
of paragraph (c) insert “, or
(d)
for an offence under Article 10 of the Perjury (Northern
Ireland) Order 1979 (false statements made otherwise than on
oath).”
20
Power to enter and seize documents: applications for warrants in Northern Ireland
7
In section 66 (power to enter and seize documents), after subsection (10)
insert—
“(11)
In the application of this section to Northern Ireland—
(a)
subsection (1) has effect as if, for the words from the
25
beginning to “laid”, there were substituted “A lay magistrate
may issue a warrant under this section if, on complaint on
oath made”; and
(b)
subsections (1)(a) and (3)(b) have effect as if, for “in the
information”, there were substituted “in the complaint”.”
30
Offences in connection with disclosure notices etc.: modification of penalties
8
In section 67 (offences in connection with disclosure notices or search
warrants), after subsection (6) insert—
“(7)
In the application of this section to Northern Ireland—
(a)
the reference to 51 weeks in subsection (4)(a) is to be read as
35
a reference to 6 months; and
(b)
the reference to 12 months in subsection (5)(b) is to be read as
a reference to 6 months.”

Northern Ireland (Miscellaneous Provisions) Bill
Schedule 4 — Minor and consequential amendments
Part 1 — Registration of electors
32

Extension to Northern Ireland of sections 60 to 67, 69 and 70 of SOCAP 2005
9
In section 179 (short title and extent), in subsection (5)(b), for “68, 71”
substitute “60”.
Schedule 4
Section 31(1)

Minor and consequential amendments
5
Part 1
Registration of electors
Electoral Law Act (Northern Ireland) 1962 (c. 14 (N. I.))
1     (1)
Amend Schedule 5 (local elections rules) as follows.
      (2)
In rule 26 (equipment of polling stations), after paragraph (3) insert—
10
  “(3ZA)
The reference in paragraph (3)(c) to the copies of the registers of
electors includes a reference to copies of any notices issued in
respect of alterations to the register under section 13BA(9) of the
1983 Act.
    (3ZB)
In this Schedule “section 13BA(9) of the 1983 Act” means section
15
13BA(9) of the Representation of the People Act 1983 (as applied
by Schedule 1 to the Elected Authorities (Northern Ireland) Act
1989).”
      (3)
In rule 34 (voting procedure), after paragraph (1) insert—
   “(1A)
In the case of an elector who is added to the register in pursuance
20
of a notice issued under section 13BA(9) of the 1983 Act,
paragraph (1) is modified as follows—
(a)
in sub-paragraph (b), for “copy of the register of electors”
substitute “copy of the notice issued under section 13BA(9)
of the 1983 Act”;
25
(b)
in sub-paragraph (d), for “in the register of electors”
substitute “on the copy of the notice issued under section
13BA(9) of the 1983 Act”.
      (4)
In rule 35 (votes marked by presiding officer), after paragraph (5) insert—
    “(5)
In the case of a person in respect of whom a notice has been issued
30
under section 13BA(9) of the 1983 Act, paragraph (3) applies as if
for “on the register of electors of every voter” there were
substituted “relating to every voter in respect of whom a notice
has been issued under section 13BA(9) of the 1983 Act”.”
      (5)
In rule 36 (voting by person with disabilities), after paragraph (4) insert—
35
   “(4A)
In the case of a person in respect of whom a notice has been issued
under section 13BA(9) of the 1983 Act, paragraph (4) applies as if
for “in the register of electors of every voter” there were
substituted “relating to every voter in respect of whom a notice
has been issued under section 13BA(9)of the 1983 Act”.”
40

Northern Ireland (Miscellaneous Provisions) Bill
Schedule 4 — Minor and consequential amendments
Part 1 — Registration of electors
33

      (6)
In rule 37 (tendered ballot papers), after paragraph (4) insert—
   “(4A)
This rule applies in the case of a person in respect of whom a notice
has been issued under section 13BA(9) of the 1983 Act as if—
(a)
in paragraphs (1)(a), (1A)(a) and (1D)(a), for “named on the
register” there were substituted “in respect of whom a
5
notice under section 13BA(9) of the 1983 Act has been
issued”;
(b)
in paragraph (5)(b), for “his number in the register of
electors” there were substituted “the number relating to
him on a notice issued under section 13BA(9) of the 1983
10
Act”;
(c)
in paragraph (6), for “his number on the register of
electors” there were substituted “the number relating to
him on a notice issued under section 13BA(9) of the 1983
Act”.”
15
      (7)
After rule 39 (spoilt ballot papers) insert—
“39A
The presiding officer shall keep a list of persons to whom ballot
papers are delivered in consequence of an alteration to the register
made by virtue of section 13BA(9) of the 1983 Act which takes
effect on the day of the poll.”
20
      (8)
In rule 41 (procedure on close of poll)—
(a)
in paragraph (1)(d), after “electors” insert “(including any marked
copy notices issued under section 13BA(9) of the 1983 Act)”, and
(b)
in paragraph (1)(f) after ““unable to read”,” insert “the list
maintained under rule 39A,”.
25
      (9)
In rule 57 (sealing up of ballot papers), in paragraph (2), after “marked
copies of the register of electors” insert “(including any marked copy notices
issued under section 13BA(9) of the 1983 Act)”.
     (10)
In rule 58 (forwarding of documents)—
(a)
in paragraph (1)(c) after “and the related statements,” insert “the lists
30
maintained under rule 39A,”, and
(b)
in paragraph (1)(e) after “registers” insert “(including any marked
copy notices issued under section 13BA(9) of the 1983 Act)”.
Representation of the People Act 1983 (c. 2)
2
In section 10, in subsection (4) (form may be either a prescribed form or a
35
form to the same effect), at the end insert “except that, in Northern Ireland,
a form prescribed for those purposes shall be used”.
3
In section 13 (publication of registers), in subsection (5)(b), for “or 13B”
substitute “, 13B or 13BA”.
4     (1)
Amend section 13A (alteration of registers) as follows.
40
      (2)
In subsection (1)(c), after “56” insert “or 58”.
      (3)
In subsection (2)(b), for “section 13B(1)” substitute “sections 13B(1) and
13BA(1)”.
      (4)
In subsection (4), before “below” insert “or 13BA(3), (6) or (9)”.

Northern Ireland (Miscellaneous Provisions) Bill
Schedule 4 — Minor and consequential amendments
Part 1 — Registration of electors
34

      (5)
In subsection (5), after “13B” insert “or 13BA”.
5
For section 58 substitute—
“58
Registration appeals: Northern Ireland
(1)
An appeal lies to the county court—
(a)
from any decision under this Act of the Chief Electoral
5
Officer for Northern Ireland on any application for
registration or objection to a person’s registration made to
and considered by him;
(b)
from any decision under this Act of the Chief Electoral
Officer (other than on an application for registration or
10
objection to a person’s registration) that a person registered
in respect of any address was not entitled to be registered in
respect of that address or that he has ceased to be resident at
that address or has otherwise ceased to satisfy the conditions
for registration set out in section 4;
15
(c)
from any decision under this Act of the Chief Electoral
Officer disallowing a person’s application to vote by proxy or
by post as elector or to vote by post as proxy, in any case
where the application is not made for a particular election
only.
20
(2)
But an appeal does not lie where the person desiring to appeal—
(a)
has not availed himself of a prescribed right to be heard by or
make representations to the Chief Electoral Officer on the
matter which is the subject of the appeal, or
(b)
has not given the prescribed notice of appeal within the
25
prescribed time.
(3)
An appeal to the county court or Court of Appeal by virtue of this
section which is pending when notice of an election is given does not
prejudice the operation as respects the election of the decision
appealed against, and anything done in pursuance of the decision—
30
(a)
is as good as if no such appeal had been brought, and
(b)
is not affected by the decision of the appeal.
(4)
The Chief Electoral Officer must, in accordance with sections 13A
and 13BA, make such alterations in the register as may be required
to give effect to the decision.
35
(5)
Where, as a result of the decision on an appeal, an alteration in the
register made in pursuance of subsection (4) takes effect under
section 13(5), 13A(2) or 13BA(6) or (9) on or before the date of the
poll, subsection (3) does not apply to that appeal as respects that
election.
40
(6)
The Chief Electoral Officer—
(a)
must undertake such duties in connection with appeals
brought by virtue of this section as may be prescribed, and
(b)
on any appeal is deemed to be a party to the proceedings;

and the registration expenses payable to him include any expenses
45
properly incurred by virtue of this subsection.

Northern Ireland (Miscellaneous Provisions) Bill
Schedule 4 — Minor and consequential amendments
Part 1 — Registration of electors
35

(7)
Section 21(1) of the Interpretation Act (Northern Ireland) 1954 (rules
regulating procedure of courts etc.) applies as if the jurisdiction
conferred by subsection (1) were conferred by any enactment within
the meaning of that Act.”
6     (1)
Amend Schedule 1 (parliamentary elections rules) as follows.
5
      (2)
In rule 29 (equipment of polling stations), after paragraph (6), insert—
    “(7)
The reference in paragraph (3)(c) to the copies of the registers of
electors includes a reference to copies of any notices issued under
section 13BA(9) in respect of alterations to the register.”
      (3)
In rule 35 (questions to be put to voters), after paragraph (2) insert—
10
   “(2A)
In the case of an elector in respect of whom a notice has been
issued under section 13BA(9), the references in the question at
entry 1(a) to reading from the register must be taken as references
to reading from the notice issued under section 13BA(9).”
      (4)
In rule 37 (voting procedure), after paragraph (1) insert—
15
  “(1ZA)
In the case of an elector who is added to the register in pursuance
of a notice issued under section 13BA(9), paragraph (1) is modified
as follows—
(a)
in sub-paragraph (b), for “copy of the register of electors”
substitute “copy of the notice issued under section
20
13BA(9)”;
(b)
in sub-paragraph (d), for “in the register of electors”
substitute “on the copy of the notice issued under section
13BA(9)”.
      (5)
In rule 38 (votes marked by presiding officer), after paragraph (3) insert—
25
    “(4)
In the case of a person in respect of whom a notice has been issued
under section 13BA(9), paragraph (2) applies as if for “on the
register of electors of every voter” there were substituted “relating
to every voter in respect of whom a notice has been issued under
section 13BA(9)”.”
30
      (6)
In rule 39 (voting by person with disabilities), after paragraph (4A) insert—
   “(4B)
In the case of a person in respect of whom a notice has been issued
under section 13BA(9), paragraph (4) applies as if for “in the
register of electors of every voter” there were substituted “relating
to every voter in respect of whom a notice has been issued under
35
section 13BA(9)”.”
      (7)
In rule 40 (tendered ballot papers), after paragraph (4B) insert—
   “(4C)
This rule applies in the case of a person in respect of whom a notice
has been issued under section 13BA(9) as if—
(a)
in paragraphs (1)(a), (1ZA)(a) and (1ZD)(a) for “named on
40
the register” there were substituted “in respect of whom a
notice under section 13BA(9) has been issued”;
(b)
in paragraph (2)(b) for “his number in the register of
electors” there were substituted “the number relating to
him on a notice issued under section 13BA(9)”;
45