Northern Ireland (Miscellaneous Provisions) Bill

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Session 2005 - 06
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Northern Ireland (Miscellaneous Provisions) Bill

Northern Ireland (Miscellaneous Provisions) Bill
Part 3 — Date of Assembly election
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(c)
a bankruptcy order has been made against him, or his estate has been
sequestrated, or he has made a composition or arrangement with, or
granted a trust deed for, his creditors, or
(d)
he is unable or unfit to carry out his functions.
(6)
This section applies in relation to the person who at commencement holds the
5
office of Chief Electoral Officer as if—
(a)
subsection (2) required his appointment to end no later than 5 years
after commencement, and
(b)
the total period which under subsection (3) must not be exceeded were
10 years plus the period of his appointment before commencement.
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(7)
“Commencement” means the commencement of this section.
(8)
In this Part, “Chief Electoral Officer” has the meaning given by section 14(1) of
the Electoral Law Act (Northern Ireland) 1962 (c. 14 (N. I.)).
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Annual reports
(1)
The Chief Electoral Officer must each year—
15
(a)
prepare a report on how he has discharged his functions in the year to
which the report relates, and
(b)
send a copy of the report to the Secretary of State by such date as the
Secretary of State directs.
(2)
The report must include an assessment of the extent to which the relevant
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registration objectives in Northern Ireland have been met in the year to which
the report relates.
(3)
“The relevant registration objectives” has the meaning given by section 10ZB
of the Representation of the People Act 1983 (c. 2).
(4)
The Secretary of State must lay a copy of the report before each House of
25
Parliament.
Part 3
Date of Assembly election
10
Power to bring forward date of election of next Assembly
(1)
In section 31 of the 1998 Act (dates of elections and dissolutions), for subsection
30
(2) substitute—
“(2)
The Secretary of State may by order direct that the date of the poll for
the election of the Assembly next following the Assembly elected at the
poll on 26th November 2003 shall, instead of being that specified in
subsection (1), be a date specified in the order being a date falling before
35
the date specified in that subsection.”
(2)
In subsection (1) of that section, for “subsection (2)” substitute “subsections (2)
and (3)”.
(3)
In the Northern Ireland Assembly (Elections and Periods of Suspension) Act
2003 (c. 12), omit sections 1(2) and (4), 2 to 4, 7 and 8(2).
40
(4)
In this Part “the 1998 Act” means the Northern Ireland Act 1998 (c. 47).

Northern Ireland (Miscellaneous Provisions) Bill
Part 3 — Date of Assembly election
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11
Relevant period for purposes of expenditure limits
(1)
Subsection (2) applies if the date of the poll for the election of the Assembly is
specified in an order under section 31(2) of the 1998 Act (as substituted by
section 10).
(2)
Paragraph 7 of each of Schedules 9 and 10 to the Political Parties, Elections and
5
Referendums Act 2000 (c. 41) has effect in relation to that election as if “the
relevant period” for the purposes of that paragraph were the period—
(a)
beginning with the date when the order is made, and
(b)
ending with the date of the poll,

and sub-paragraphs (3) and (4) of paragraph 7 of each of those Schedules do
10
not apply.
(3)
“The Assembly” means the Northern Ireland Assembly.
12
Modifications in connection with a changed election date
(1)
After section 32 of the 1998 Act insert—
“32A
Modifications in connection with a changed election date
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(1)
The Secretary of State may by order make such modifications of—
(a)
any enactment (other than one contained in this Act), or
(b)
any provision of subordinate legislation,

as appear to him to be necessary or expedient for the purposes of, or in
consequence of or in connection with an order under section 31(2) or (3)
20
or an Order in Council under section 32(4).
(2)
An order under this section may, in particular, make provision
modifying any duty of the Chief Electoral Officer for Northern Ireland
whereby (apart from the order) he must perform any function or
discharge any duty on or by reference to a particular date.
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(3)
An order under this section may also make such supplementary,
incidental or consequential provision as the Secretary of State considers
necessary or expedient.”
(2)
Amend section 96 of the 1998 Act (orders and regulations) as follows.
(3)
In subsection (2), after “31(2),” insert “32A,”.
30
(4)
In subsection (2A), after “31(2)” insert “or 32A”.
(5)
For subsection (2C) substitute—
“(2C)
Subsection (2B)(b) does not prejudice—
(a)
the making of a new order, or
(b)
anything done as a result of an order under section 32A before
35
it ceased to have effect.”

Northern Ireland (Miscellaneous Provisions) Bill
Part 4 — Donations for Political Purposes
10

Part 4
Donations for Political Purposes
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Introduction
(1)
In this Part—
“the 2000 Act” means the Political Parties, Elections and Referendums Act
5
2000 (c. 41), and
“the 1983 Act” means the Representation of the People Act 1983 (c. 2).
(2)
In this Part—
(a)
section 14 comes into force at the end of the period of two months
beginning with the day on which this Act is passed,
10
(b)
sections 15 to 17 and Schedule 1 come into force on 1st November 2007,
and
(c)
section 18 comes into force at the end of the period of two months
beginning with the day on which this Act is passed.
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Part 4 of the 2000 Act: the final disapplication period
15
(1)
Sections 50 to 69 of, and Schedule 6 to, the 2000 Act (donations to political
parties) do not apply in relation to any Northern Ireland party during the final
disapplication period.
(2)
“The final disapplication period” means the period—
(a)
starting with the day on which this section comes into force, and
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(b)
ending with 31st October 2007.
(3)
Paragraphs 2 to 15 of Schedule 7 to the 2000 Act (donations to individuals and
members associations) do not apply during the final disapplication period in
relation to any regulated donee who is—
(a)
an individual ordinarily resident in Northern Ireland, or
25
(b)
a members association wholly or mainly consisting of members of a
Northern Ireland party.
(4)
Section 54(2)(c) of the 2000 Act has effect in relation to any donation received
during the final disapplication period by—
(a)
a Great Britain party, or
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(b)
a regulated donee who is resident or carries on activities in Great
Britain,

as if it referred to a Great Britain party only.
(5)
References in Schedule 2A to the 1983 Act to a permissible donor falling within
section 54(2) are to be read, in relation to any donation received during the final
35
disapplication period by a candidate at an election in Great Britain, as not
including a Northern Ireland party.
(6)
In this section—
“Great Britain party” means a party registered in the Great Britain register
(as defined by section 23(2) of the 2000 Act),
40
“Northern Ireland party” means a party registered in the Northern
Ireland register (as defined by that section), and

Northern Ireland (Miscellaneous Provisions) Bill
Part 4 — Donations for Political Purposes
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“regulated donee” and “members association” have the same meaning as
in Schedule 7 to the 2000 Act.
(7)
The reference in subsection (4)(b) to Great Britain includes the combined
region (as defined by section 160(1) of the 2000 Act).
(8)
The following provisions cease to have effect—
5
(a)
in the 2000 Act—
(i)
section 42(5),
(ii)
Chapter 4 of Part 4,
(iii)
section 156(4)(d),
(iv)
in Schedule 7, paragraphs 1(10) and (11) and 16, and
10
(b)
in Schedule 2A to the 1983 Act, paragraph 1(7).
(9)
In section 159A(a) of the 2000 Act (functions that are not exercisable by Lord
Chancellor as well as by Secretary of State), for “, 18(2) and (4) and 70”
substitute “and 18(2) and (4)”.
15
Extension of categories of permissible donors
15
In Part 4 of the 2000 Act, after Chapter 5 insert—
“Chapter 6
Special Provision in connection with Northern Ireland
71A
Introduction
(1)
The following provisions have effect for the interpretation of this
20
Chapter.
(2)
“Northern Ireland recipient” means—
(a)
a party registered in the Northern Ireland register, or
(b)
a regulated donee who is—
(i)
an individual ordinarily resident in Northern Ireland, or
25
(ii)
a members association wholly or mainly consisting of
members of a Northern Ireland party.
(3)
“Regulated donee” has the same meaning as in Schedule 7.
(4)
“Prescribed” means prescribed by an order made by the Secretary of
State after consulting the Commission.
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71B
Extension of categories of permissible donors in relation to Northern
Ireland recipients
(1)
In relation to a donation to a Northern Ireland recipient, section 54(2)
has effect as if the following were also permissible donors—
(a)
an Irish citizen in relation to whom any prescribed conditions
35
are met;
(b)
a body which is of a prescribed description or category and in
relation to which any prescribed conditions are met.
(2)
A description or category of body must not be prescribed for the
purposes of subsection (1)(b) unless the Secretary of State is satisfied
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Northern Ireland (Miscellaneous Provisions) Bill
Part 4 — Donations for Political Purposes
12

that a body of that description or category would be entitled under Irish
law to donate to an Irish political party.
(3)
In relation to a donation in the form of a bequest subsection (1)(a) is to
be read as referring to an individual—
(a)
who at any time within the period of five years ending with the
5
date of his death was an Irish citizen, and
(b)
in relation to whom, at the time of his death, any prescribed
conditions were met.
71C
Northern Ireland recipients not permissible donors in relation to
Great Britain
10
(1)
In relation to a donation received by—
(a)
a registered party which is registered in the Great Britain
register, or
(b)
a regulated donee resident or carrying on activities in Great
Britain,
15

section 54(2) has effect as if it did not include a party registered in the
Northern Ireland register.
(2)
The reference in subsection (1)(b) to Great Britain includes the
combined region.”
16
Section 15: supplementary
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(1)
In section 156(4) of the 2000 Act (orders and regulations—powers subject to
affirmative procedure), after paragraph (c) insert—
“(ca)
any provision of Chapter 6 of Part 4;”.
(2)
In section 159A(a) of the 2000 Act (functions that are not exercisable by Lord
Chancellor as well as by Secretary of State), for “and 18(2) and (4)” substitute “,
25
18(2) and (4) and Chapter 6 of Part 4”.
(3)
In Schedule 2A to the 1983 Act (control of donations to candidates), after
paragraph 1(6) insert—
   “(6A)
In relation to a donation received by a candidate at an election in
Great Britain, references to a permissible donor falling within section
30
54(2) of the 2000 Act are to be read as if section 54(2) did not include
a party registered in the Northern Ireland register maintained by the
Commission under Part 2 of that Act.”
17
Modifications during prescribed period
(1)
During the prescribed period, the 2000 Act applies in relation to Northern
35
Ireland subject to the modifications in Schedule 1.
(2)
“The prescribed period” means the period—
(a)
starting with 1st November 2007, and
(b)
ending with 31st October 2010.
(3)
The Secretary of State may by order amend paragraph (b) of subsection (2) so
40
as to extend the prescribed period.

Northern Ireland (Miscellaneous Provisions) Bill
Part 5 — Devolution of policing and justice functions etc.
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(4)
The power to make an order under subsection (3) may be exercised on more
than one occasion, but the prescribed period must not be extended for more
than 2 years at a time.
(5)
The power to make an order under subsection (3) is exercisable by statutory
instrument.
5
(6)
No order is to be made under subsection (3) unless a draft of the instrument
containing the order has been laid before and approved by a resolution of each
House of Parliament.
18
Power to make provision in connection with permissible donors
(1)
The Secretary of State may, after consulting the Commission, by order make
10
provision, in relation to any time occurring on or after 1st November 2007, in
connection with the provision made by—
(a)
sections 15 and 16, or
(b)
section 17 and Schedule 1.
(2)
The provision that may be made under subsection (1) includes provision
15
amending or modifying—
(a)
any provision of the 2000 Act;
(b)
Schedule 2A to the 1983 Act;
(c)
any other enactment connected with permissible donors or donations
for political purposes.
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(3)
The provision that may be made under subsection (1) also includes provision
amending—
(a)
section 71C of the 2000 Act (as inserted by section 15), and
(b)
paragraph 1(6A) of Schedule 2A to the 1983 Act (as inserted by section
16),
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so that they refer to a Northern Ireland recipient instead of referring to a party
registered in the Northern Ireland register.
(4)
The power to make an order under subsection (1) is exercisable by statutory
instrument.
(5)
No order is to be made under subsection (1) unless a draft of the instrument
30
containing the order has been laid before and approved by a resolution of each
House of Parliament.
Part 5
Devolution of policing and justice functions etc.
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Department with policing and justice functions
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(1)
After section 21 of the 1998 Act insert—
“21A
Northern Ireland department with policing and justice functions
(1)
This section applies if an Act of the Assembly—
(a)
establishes a new Northern Ireland department; and
(b)
provides that the purpose of the Department is to exercise
40
functions consisting wholly or mainly of devolved policing and
justice functions.

Northern Ireland (Miscellaneous Provisions) Bill
Part 5 — Devolution of policing and justice functions etc.
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(2)
The Act of the Assembly may (but need not) make provision of the kind
mentioned in subsection (3) or (4).
(3)
The Act may provide for the department to be in the charge of two
Northern Ireland Ministers acting jointly.
(4)
The Act may provide—
5
(a)
for the department to be in the charge of a Northern Ireland
Minister who is supported by a junior Minister; and
(b)
for the persons holding those offices to rotate at intervals
determined by or under the Act, so that the person who was the
Minister in charge of the department becomes the junior
10
Minister and the person who was the junior Minister becomes
the Minister.
(5)
Schedule 4A (provisions relating to a department with devolved
policing and justice functions) shall have effect.
(6)
In this section “devolved policing and justice function” means a
15
function relating to a matter which—
(a)
is a transferred matter by virtue of an Order under section 4;
and
(b)
satisfies the condition in subsection (7).
(7)
The condition is that, immediately before the matter became a
20
transferred matter, it fell within a description specified in—
(a)
any of paragraphs 9 to 12, 14A to 15A and 17 of Schedule 3; or
(b)
any other provision of that Schedule designated for this
purpose by an order made by the Secretary of State.”
(2)
After Schedule 4 to the 1998 Act insert the Schedule 4A set out in Schedule 2 to
25
this Act.
(3)
In this Part “the 1998 Act” means the Northern Ireland Act 1998 (c. 47).
20
Amendment of section 44 of the 1998 Act
In section 44 of the 1998 Act (power to call for witnesses and documents), after
subsection (4) insert—
30
“(4A)
That power is not exercisable in relation to a person mentioned in
subsection (4) in connection with the discharge, during a relevant
period, of a function which relates to a matter which is a transferred
matter by virtue of an Order under section 4.

For this purpose “relevant period” means a period when the matter was
35
not a transferred matter.
(4B)
That power is not exercisable in relation to a person mentioned in
subsection (4) in connection with the discharge, during a relevant
period, of a statutory function which—
(a)
is exercisable by a Minister or a Northern Ireland department;
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but
(b)
was at any time exercisable by a Minister of the Crown.

For this purpose “relevant period” means a period when the statutory
function was exercisable by a Minister of the Crown.”