The Control of Donations and Regulation of Loans etc. (Extension of the Prescribed Period) (Northern Ireland) Order 2011

Statutory Instruments

2011 No. 431

Political Parties, Northern Ireland

The Control of Donations and Regulation of Loans etc. (Extension of the Prescribed Period) (Northern Ireland) Order 2011

Made

16th February 2011

Coming into force

1st March 2011

In accordance with article 5(3) of the Electoral Administration Act 2006 (Regulation of Loans etc: Northern Ireland) Order 2008(1) the Electoral Commission has been consulted prior to the making of this Order.

A draft of this Order has been laid before and approved by a resolution of each House of Parliament in accordance with section 14(6) of the Northern Ireland (Miscellaneous Provisions) Act 2006(2) and article 5(6) of the Electoral Administration Act 2006 (Regulation of Loans etc: Northern Ireland) Order 2008.

Accordingly, the Secretary of State, in exercise of the powers conferred by section 14(3) of the Northern Ireland (Miscellaneous Provisions) Act 2006 and article 5(3) of the Electoral Administration Act 2006 (Regulation of Loans etc: Northern Ireland) Order 2008, makes the following Order:

Citation and commencement

1.—(1) This Order may be cited as the Control of Donations and Regulation of Loans etc. (Extension of the Prescribed Period) (Northern Ireland) Order 2011.

(2) It comes into force on 1st March 2011.

Amendment of the Northern Ireland (Miscellaneous Provisions) Act 2006

2.  In section 14(2)(b) of the Northern Ireland (Miscellaneous Provisions) Act 2006, for “1st March 2011” substitute “28th February 2013”.

Amendment of the Electoral Administration Act 2006 (Regulation of Loans etc: Northern Ireland) Order 2008

3.  In article 5(2)(b) of the Electoral Administration Act 2006 (Regulation of Loans etc: Northern Ireland) Order 2008, for “1st March 2011” substitute “28th February 2013”.

Hugo Swire

Minister of State

Northern Ireland Office

16th February 2011

EXPLANATORY NOTE

(This note is not part of the Order)

Special provisions apply in relation to the disclosure and publication by the Electoral Commission of loans and donations made to political parties and other regulated recipients (such as members of political parties and holders of elective office) in Northern Ireland. The provisions apply for the duration of the period prescribed in the Northern Ireland (Miscellaneous Provisions) Act 2006 (“2006 Act”) (in relation to donations) and the Electoral Administration Act 2006 (Regulation of Loans etc: Northern Ireland) Order 2008 (“2008 Order”) (in relation to loans and regulated transactions within the meaning of the Electoral Administration Act 2006).

The period currently prescribed in both the 2006 Act and the 2008 Order expires on 1st March 2011 but may be extended by Order by the Secretary of State. It was extended for a period of four months in October 2010 and the Secretary of State has decided to extend the prescribed period in both the 2006 Act and the 2008 Order for a further period of two years expiring on 28th February 2013. This Order therefore makes the relevant amendments to the 2006 Act and the 2008 Order. Article 2 amends the 2006 Act substituting 28th February 2013 for 1st March 2011 in the provision which describes the prescribed period and article 3 makes the same amendment to the 2008 Order.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.

(1)

S.I. 2008/1319; article 5(2) was amended by article 3 of S.I. 2010/2061.

(2)

2006 c. 33; section 14(2) was amended by article 2 of S.I. 2010/2061. Other amendments made to this Act are not relevant to this Order.