The Political Parties, Elections and Referendums Act 2000 (Northern Ireland Political Parties) Order 2008

Article 5

SCHEDULE 1 Details to be given in Northern Ireland reports

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

2.  In paragraph 2 (quarterly reports), in sub-paragraph (1), after “recordable transaction” insert “(other than one to which paragraph 2A applies)”.

3.  After paragraph 2 insert—

“2A.   (1) In relation to each recordable transaction that is an Irish transaction a quarterly report must comply with the following requirements of this paragraph in relation to each authorised participant (other than the registered party deriving the benefit of the transaction).

(2) “Irish transaction” means a transaction which is entered into in reliance on section 71Z1(1)(a) or (b) (extension of categories of authorised participants in relation to Northern Ireland participants).

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

(4) In the case of a participant who is an Irish citizen the report must also—

(a) give the participant’s full name, and

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

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

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

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

(5) In the case of a participant who is 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.

(6) In the case of a participant who is a political party the report must also give—

(a) the party’s registered name; and

(b) the address of its registered headquarters.

(7) In the case of a participant who is 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.

(8) In the case of a participant who is a building society the report must also give—

(a) the name of the society; and

(b) the address of its principal office.

(9) In the case of a participant who is a limited liability partnership the report must also give—

(a) the partnership’s registered name; and

(b) the address of its registered office.

(10) In the case of a participant who is 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.

(11) In the case of a participant who is 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 firm of solicitors currently practising in Ireland confirming the name and address of the association and the fact that it is an unincorporated association.”.

4.—(1) In paragraph 3 (identity of authorised participants: weekly reports), at the end add—

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

(2) After paragraph 3 insert—

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

(a) give all such details of the name of each authorised participant who is a party to the transaction (other than the registered party deriving the benefit from the transaction) as are for the time being known to the registered party; and

(b) record the fact that the transaction is an Irish transaction.”

(3) In paragraph 4 (identity of unauthorised participants), which shall become sub-paragraph (1) of that paragraph, at the end add—

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

(4) After paragraph 4 insert—

“4A In relation to each recordable transaction that is an Irish transaction (within the meaning given by paragraph 2A(2)) to which a person who is not an authorised participant is a party, a quarterly or weekly report must—

(a) give the name of the person;

(b) record the fact that the transaction is an Irish transaction; and

(c) give the date when, and the manner in which, the transaction was dealt with in accordance with subsections (3) to (5) of section 71I or those subsections as applied by section 71I(6) or 71J(2).”

SCHEDULE 2 Minor and consequential amendments

1.  Schedule 7A to the 2000 Act is amended as follows.

2.  In paragraphs 9(9)(a) and 9(10) (transaction reports: transactions with authorised participants), after “paragraphs 2” insert “, 2A”.

3.  In paragraph 10(3) (transaction reports: transactions with unauthorised participants) at the beginning insert “Subject to sub-paragraph (5),”.

4.  In paragraph 10(4) at the beginning insert “Subject to sub-paragraph (5),”.

5.  In paragraph 10, after sub-paragraph (4) insert—

“(5) In relation to a transaction falling within paragraph 5 or 6(1)(b) which is an Irish transaction within the meaning of paragraph 2A(2) of Schedule 6A, each such report must record the fact that the transaction is an Irish transaction.”

6.  In paragraph 15(2) (register of recordable transactions) for “10(2), (3) and (4)” substitute “10(2) to (5)”.