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 — Donations for political purposes
8

(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
20
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
Donations for political purposes
10
Introduction
(1)
In this Part—
30
“the 2000 Act” means the Political Parties, Elections and Referendums Act
2000 (c. 41), and
“the 1983 Act” means the Representation of the People Act 1983.
(2)
In this Part—
(a)
section 11 comes into force at the end of the period of two months
35
beginning with the day on which this Act is passed,
(b)
sections 12 to 14 and Schedule 1 come into force on 1st November 2007,
and
(c)
section 15 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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Northern Ireland (Miscellaneous Provisions) Bill
Part 3 — Donations for political purposes
9

11
Part 4 of the 2000 Act: the final disapplication period
(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—
5
(a)
starting with the day on which this section comes into force, and
(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—
10
(a)
an individual ordinarily resident in Northern Ireland, or
(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—
15
(a)
a Great Britain party, or
(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
20
section 54(2) are to be read, in relation to any donation received during the final
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
25
(as defined by section 23(2) of the 2000 Act),
“Northern Ireland party” means a party registered in the Northern
Ireland register (as defined by that section), and
“regulated donee” and “members association” have the same meaning as
in Schedule 7 to the 2000 Act.
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(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—
(a)
in the 2000 Act—
(i)
section 42(5),
35
(ii)
Chapter 4 of Part 4,
(iii)
section 156(4)(d),
(iv)
in Schedule 7, paragraphs 1(10) and (11) and 16, and
(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
40
Chancellor as well as by Secretary of State), for “, 18(2) and (4) and 70”
substitute “and 18(2) and (4)”.

Northern Ireland (Miscellaneous Provisions) Bill
Part 3 — Donations for political purposes
10

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Extension of categories of permissible donors
In Part 4 of the 2000 Act, after Chapter 5 insert—
“Chapter 6
Special Provision in connection with Northern Ireland
71A
Introduction
5
(1)
The following provisions have effect for the interpretation of this
Chapter.
(2)
“Northern Ireland recipient” means—
(a)
a party registered in the Northern Ireland register, or
(b)
a regulated donee who is—
10
(i)
an individual ordinarily resident in Northern Ireland, or
(ii)
a members association wholly or mainly consisting of
members of a Northern Ireland party.
(3)
“Regulated donee” and “members association” have the same meaning
as in Schedule 7.
15
(4)
“Prescribed” means prescribed by an order made by the Secretary of
State after consulting the Commission.
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)
20
has effect as if the following were also permissible donors—
(a)
an Irish citizen in relation to whom any prescribed conditions
are met;
(b)
a body which is of a prescribed description or category and in
relation to which any prescribed conditions are met.
25
(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
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
30
be read as referring to an individual—
(a)
who at any time within the period of five years ending with the
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.
35
71C
Northern Ireland recipients not permissible donors in relation to
Great Britain
(1)
In relation to a donation received by—
(a)
a registered party which is registered in the Great Britain
register, or
40
(b)
a regulated donee resident or carrying on activities in Great
Britain,

Northern Ireland (Miscellaneous Provisions) Bill
Part 3 — Donations for political purposes
11


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.”
13
Section 12: supplementary
5
(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 “,
10
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
15
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.”
14
Modifications during prescribed period
(1)
During the prescribed period, the 2000 Act applies in relation to Northern
20
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
25
as to extend the prescribed period.
(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
30
instrument.
(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.
15
Power to make provision in connection with permissible donors
35
(1)
The Secretary of State may, after consulting the Electoral Commission, by order
make provision, in relation to any time occurring on or after 1st November
2007, in connection with the provision made by—
(a)
sections 12 and 13, or
(b)
section 14 and Schedule 1.
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Northern Ireland (Miscellaneous Provisions) Bill
Part 4 — Devolution of policing and justice functions etc.
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(2)
The provision that may be made under subsection (1) includes provision
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
5
for political purposes.
(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 12), and
(b)
paragraph 1(6A) of Schedule 2A to the 1983 Act (as inserted by section
10
13),

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.
15
(5)
No order is to be made under subsection (1) unless a draft of the instrument
containing the order has been laid before and approved by a resolution of each
House of Parliament.
Part 4
Devolution of policing and justice functions etc.
20
16
Department with policing and justice functions
(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
25
(b)
provides that the purpose of the department is to exercise
functions consisting wholly or mainly of devolved policing and
justice functions.
(2)
The Act of the Assembly may (but need not) make provision of the kind
mentioned in subsection (3) or (4).
30
(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—
(a)
for the department to be in the charge of a Northern Ireland
Minister who is supported by a junior Minister; and
35
(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
Minister and the person who was the junior Minister becomes
the Minister.
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(5)
Schedule 4A (provisions relating to a department with devolved
policing and justice functions) shall have effect.

Northern Ireland (Miscellaneous Provisions) Bill
Part 4 — Devolution of policing and justice functions etc.
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(6)
In this section “devolved policing and justice function” means a
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).
5
(7)
The condition is that, immediately before the matter became a
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.”
10
(2)
After Schedule 4 to the 1998 Act insert the Schedule 4A set out in Schedule 2 to
this Act.
(3)
In this Part “the 1998 Act” means the Northern Ireland Act 1998 (c. 47).
17
Power of Assembly to call for witnesses and documents
In section 44 of the 1998 Act (power to call for witnesses and documents), after
15
subsection (4) insert—
“(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.
20

For this purpose “relevant period” means a period when the matter was
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—
25
(a)
is exercisable by a Minister or a Northern Ireland department;
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.”
30
18
Provision for transfer of functions relating to extradition etc.
After section 86 of the 1998 Act insert—
“86A
Provision for transfer of functions relating to extradition etc.
(1)
Her Majesty may by Order in Council make provision amending—
(a)
the Crime (International Co-operation) Act 2003; or
35
(b)
the Extradition Act 2003,

for the purpose of transferring to a Minister or a Northern Ireland
department, with effect from any date specified in the Order, any
relevant function under the Act.
(2)
In subsection (1) “relevant function” means a function which,
40
immediately before the date specified in the Order,—
(a)
is exercisable by a Minister of the Crown; and
(b)
is exercisable in relation to Northern Ireland.

Northern Ireland (Miscellaneous Provisions) Bill
Part 5 — Miscellaneous
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(3)
An Order under subsection (1) may make provision, to such extent as
may appear to Her Majesty to be necessary or expedient in consequence
of, or for giving full effect to, the Order—
(a)
for transferring or apportioning any property, rights or
liabilities;
5
(b)
for substituting any body or person for any other body or
person in any charter, contract or other document or in any legal
proceedings;
(c)
for any other transitional or consequential matter.
(4)
No recommendation shall be made to Her Majesty to make an Order
10
under this section unless a draft of it has been laid before and approved
by resolution of each House of Parliament.”
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Provision for entrenching enactments
After section 86A of the 1998 Act insert—
“86B
Provision for entrenching enactments
15
(1)
Her Majesty may by Order in Council make provision amending
section 7 so as to provide for—
(a)
enactments to become entrenched; or
(b)
enactments that are entrenched by virtue of an Order under
paragraph (a) to cease to be entrenched.
20
(2)
For the purposes of this section an enactment is entrenched if section 7
prevents it from being modified by an Act of the Assembly or
subordinate legislation made, confirmed or approved by a Minister or
Northern Ireland department.
(3)
No recommendation shall be made to Her Majesty to make an Order
25
under this section unless a draft of it has been laid before and approved
by resolution of each House of Parliament.”
Part 5
Miscellaneous
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Arms decommissioning: extension of amnesty period
30
In section 2(3)(b) of the Northern Ireland Arms Decommissioning Act 1997 (c.
7) (date by which amnesty period must end), for “2007” substitute “2010”.
21
Loans to Consolidated Fund of Northern Ireland: increase of limits
(1)
Amend section 1 of the Northern Ireland (Loans) Act 1975 (c. 83) as follows.
(2)
In subsection (2) (limit on loans to the Consolidated Fund of Northern Ireland),
35
for “£2,000 million” substitute “£3,000 million”.
(3)
In subsection (5) (power to increase the limit by order)—
(a)
omit “, on not more than one occasion,”,
(b)
for “the limit in subsection (2)” substitute “the limit for the time being
specified in subsection (2)”, and
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(c)
for “£300 million” substitute “£500 million”.