The Political Parties, Elections and Referendums Act 2000 (Northern Ireland Political Parties) Order 2007

Prospective

Article 5

SCHEDULE 1 U.K. Details to be given in Northern Ireland reports

1.  Schedule 6 to the 2000 Act is amended as follows. U.K.

Commencement Information

I1 Sch. 1 para. 1 in force at 1.11.2007, see art. 1

2.  In paragraph 2 (quarterly reports), in sub-paragraph (1), after “paragraph” insert “2A,”. U.K.

Commencement Information

I2 Sch. 1 para. 2 in force at 1.11.2007, see art. 1

3.  After paragraph 2 insert— U.K.

“2A   In relation to each recordable donation that is an Irish donation a quarterly report must comply with the following requirements of this paragraph.

(2) “Irish donation” means a donation made in reliance on section 71B(1)(a) or (b) (extension of categories of permissible donors in relation to Northern Ireland recipients).

(3) The report must record the fact that the donation is an Irish donation.

(4) In the case of a donation by an Irish citizen the report must also—

(a) give the donor’s full name, and

(b) be accompanied by one of the following documents—

(i) a copy of the donor’s Irish passport certified by the Department of Foreign Affairs of Ireland;

(ii) a copy of the donor’s certificate of nationality certified by the Department of Foreign Affairs of Ireland; or

(iii) a copy of the donor’s certificate of naturalisation certified by the Department of Foreign Affairs of Ireland,

but this sub-paragraph does not apply to a donation in the form of a bequest.

(5) In the case of a donation in the form of a bequest the report must also—

(a) state that the donation was received in pursuance of a bequest;

(b) give the full name of the person who made the bequest; and

(c) be accompanied by either one of the documents listed in sub-paragraph (4)(b)(i) to (iii) or a statement by the Department of Foreign Affairs of Ireland that documentation submitted to that Department following the death of the person who made the bequest would have been acceptable in support of an application for an Irish passport had it been submitted when he was alive.

(6) In the case of a donation by a company the report must also give—

(a) the company’s registered name;

(b) the address of its registered office; and

(c) the number with which it is registered.

(7) In the case of a donation by a political party the report must also give—

(a) the party’s registered name; and

(b) the address of its registered headquarters.

(8) In the case of a donation by a trade union the report must also give—

(a) the name of the trade union; and

(b) the address of its head or main office.

(9) In the case of a donation by a building society the report must also give—

(a) the name of the society; and

(b) the address of its principal office.

(10) In the case of a donation by a limited liability partnership the report must also give—

(a) the partnership’s registered name; and

(b) the address of its registered office.

(11) In the case of a donation by a friendly society or industrial and provident society the report must also give—

(a) the name of the society; and

(b) the address of its registered office.

(12) In the case of a donation by an unincorporated association the report must also—

(a) give the name of the association;

(b) give the address of its main office in Ireland; and

(c) be accompanied by a statement made by a solicitor currently practising in Ireland confirming the name and address of the association and the fact that it is an unincorporated association.

(13) In the case of a donation received in accordance with the terms of a trust the report must also—

(a) state that the donation was received from a trustee;

(b) give the date on which the trust was created;

(c) give the address of the trust’s office; and

(d) give, in relation to any settlor, the information that is required to be given under sub-paragraphs (4) to (12) of this paragraph.

(14) “Settlor” means—

(a) the person who created the trust; and

(b) every other person by whom, or under whose will, property has been transferred into the trust.

(15) In the case of a trust created before 1st November 2007 sub-paragraph (13)(d)—

(a) does not require the report to give any information in relation to the person who created the trust apart from his name;

(b) does not require the report to give any information in relation to any other person by whom, or under whose will, property has been transferred into the trust before 1st November 2007.”

Commencement Information

I3 Sch. 1 para. 3 in force at 1.11.2007, see art. 1

4.—(1) In paragraph 3 (identity of donors: weekly reports), at the end add— U.K.

“(4) This paragraph does not apply in relation to a recordable donation that is an Irish donation (within the meaning given by paragraph 2A(2)).”

(2) After that paragraph insert—

“3A In relation to each recordable donation that is an Irish donation (within the meaning given by paragraph 2A(2)) a weekly report must—

(a) record the fact that the donation is an Irish donation; and

(b) give the name of the donor.”

Commencement Information

I4 Sch. 1 para. 4 in force at 1.11.2007, see art. 1

Article 6

SCHEDULE 2 U.K. Minor and consequential amendments

Political Parties, Elections and Referendums Act 2000 (c.41) U.K.

1.  The 2000 Act is amended as follows. U.K.

Commencement Information

I5 Sch. 2 para. 1 in force at 1.11.2007, see art. 1

2.—(1) In the provisions set out in paragraph (2) after “paragraph 2” insert “or 2A”. U.K.

(2) The provisions are—

(a) section 54(5)(a);

(b) section 54(6);

(c) section 56(1); and

(d) paragraph 6(3)(a) and 6(4) of Schedule 7.

Commencement Information

I6 Sch. 2 para. 2 in force at 1.11.2007, see art. 1

3.  In section 69(2)(b) for “paragraph 2, 3, 6 or 7(a) or (c) of Schedule 6” substitute “paragraph 2, 2A, 3, 3A, 6 or 7(a) or (c) of Schedule 6”. U.K.

Commencement Information

I7 Sch. 2 para. 3 in force at 1.11.2007, see art. 1

4.  In paragraph 10(4)(a) and 10(5) of Schedule 7, after “paragraphs 2” insert “, 2A”. U.K.

Commencement Information

I8 Sch. 2 para. 4 in force at 1.11.2007, see art. 1