The Transparency of Donations and Loans etc. (Northern Ireland Political Parties) Order 2018

Amendments to Schedule 7A to the 2000 Act

9.—(1) Schedule 7A to the 2000 Act (control of loans etc. to individuals and members associations) is amended as follows.

(2) In paragraph 9 (transaction reports: transactions with authorised participants)—

(a) in sub-paragraph (6), after “For the purposes of this paragraph”, insert “(other than sub-paragraphs (6A) to (6C)) and section 71Z4 (duty not to disclose contents of transaction reports)”,

(b) after sub-paragraph (6), insert—

“(6A) But if sub-paragraph (6) would otherwise have the effect that a person who is or has been a member or employee of the Commission could make available to the public information to which this sub-paragraph applies, it does not have that effect.

(6B) Sub-paragraph (6A) applies to information—

(a) which has been obtained by the Commission in the exercise of their functions under Part 4A(1), and

(b) which relates to a controlled transaction to which a Northern Ireland participant is a party and which was entered into before 1 January 2014.

(6C) Information to which sub-paragraph (6A) applies is to be treated for the purposes of sections 71Z4 and 149A (inspection of Commission’s registers etc.: Northern Ireland) as information relating to a transaction to which section 71Z4 applies.”,

(c) after sub-paragraph (9), insert—

“(9A) Sub-paragraph (9B) applies in relation to a transaction which—

(a) is entered into by a Northern Ireland participant before 1 July 2017, and

(b) is included in a report under sub-paragraph (1) to which this sub-paragraph applies because it has been varied as described in sub-paragraph (6).

(9B) For the purposes of sub-paragraph (9)(d), the report on the transaction must give—

(a) the date on which the transaction was first entered into, and

(b) the date on which the variation took effect.

(9C) Sub-paragraph (9A) applies to a report which is delivered to the Commission on or after the date on which Article 9 of the Transparency of Donations and Loans etc. (Northern Ireland Political Parties) Order 2018 comes into force.”, and

(d) after sub-paragraph (10), insert—

“(11) In this Schedule, “Northern Ireland participant” means a regulated participant who is—

(a) an individual ordinarily resident in Northern Ireland, or

(b) a members association wholly or mainly consisting of members of a party registered in the Northern Ireland register.”

(3) In paragraph 11 (transaction reports: changes to recorded transactions), after sub-paragraph (7) insert—

“(8) Where information about a change of the kind mentioned in section 71Z4(A3)(b) to a transaction to which a Northern Ireland participant is a party is supplied in a report under this paragraph to which this sub-paragraph applies, and the transaction was entered into before 1 January 2014, the report must state that fact.

(9) Sub-paragraph (8) applies to a report which is delivered to the Commission on or after the date on which Article 9 of the Transparency of Donations and Loans etc. (Northern Ireland Political Parties) Order 2018 comes into force.”

(1)

Part 4A was inserted by section 61(1) of the Electoral Administration Act 2006 and has been amended by section 20(1) of the Political Parties and Elections Act 2009.