F3Part 4ARegulation of loans and related transactions
F2CHAPTER 2SPECIAL PROVISION IN CONNECTION WITH NORTHERN IRELAND
Pt. 4A Ch. 2 inserted (1.7.2008) by The Electoral Administration Act 2006 (Regulation of Loans etc: Northern Ireland) Order 2008 (S.I. 2008/1319), arts. 1(2), 3(2)
71Z Introduction
1
The following provisions have effect for the interpretation of this Chapter.
2
“Northern Ireland participant” means —
a
a party registered in the Northern Ireland register, or
b
a regulated participant who is—
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 participant” and “members association” have the same meaning as in Schedule 7A.
4
“Prescribed” means prescribed by an order made by the Secretary of State after consulting the Commission.
F44A
Such information may be disclosed if the Commission believe, on reasonable grounds, that—
a
each relevant person has consented to the disclosure, and
b
the consent was given in accordance with any prescribed requirements.
4B
“Relevant person” means a party to the transaction to which the information relates other than—
a
a registered party whose treasurer is required under this Part to prepare a report to the Commission giving details of the transaction, or
b
any other party to the transaction who is required under this Part to prepare such a report.
71Z1Extension of categories of authorised participants in relation to Northern Ireland participants
1
In relation to a regulated transaction or controlled transaction involving a Northern Ireland participant, section 71H(3) and paragraph 4(3) of Schedule 7A have effect as if the following were also authorised participants—
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.
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 enter into a transaction which corresponds to a regulated or controlled transaction in relation to an Irish political party.
71Z2Northern Ireland participants are not authorised participants in relation to Great Britain
1
In relation to a regulated transaction or controlled transaction to which—
a
a registered party which is registered in the Great Britain register, or
b
a regulated participant resident or carrying on activities in Great Britain,
is a party, section 71H(3) and paragraph 4(3) of Schedule 7A, have effect as if a party registered in the Northern Ireland register is not an authorised participant.
2
The reference in subsection (1)(b) to Great Britain includes the combined region.
71Z3F1Duty to verify transaction reports
1
The Commission must take such steps as are prescribed for the purposes of verifying the information given in Northern Ireland report
2
“Northern Ireland report” means a report to the Commission which—
a
is prepared by a Northern Ireland participant, and
b
contains, or purports to contain, information required to be given by Schedule 6A or 7A.
71Z4 Duty not to disclose contents of transaction reports
1
A person who is or has been a member or employee of the Commission must not disclose any information which –
a
relates to a transaction to which a Northern Ireland participant is a party, and
b
has been obtained by the Commission in the exercise of their functions under this Part,
except in the following cases.
2
Such information may be disclosed–
a
to a member or employee of the Commission, or
b
to such bodies as may be prescribed,
for the purpose of verifying information given in a Northern Ireland report.
3
Such information may be disclosed for the purposes of any criminal or civil proceedings.
4
Such information may be disclosed in accordance with any prescribed requirements if it relates to a transaction which the Commission believe, on reasonable grounds, was a transaction which was required to be dealt with under section 71I or 71J or paragraph 5 or 6 of Schedule 7A (transactions involving unauthorised participants).
5
A person who contravenes subsection (1) is guilty of an offence.
Pt. 4A (ss. 71F-71X) inserted (11.9.2006 for E.W.S. for specified purposes, 1.1.2007 for N.I. for specified purposes, 1.7.2008 for N.I. for specified purposes, 15.9.2014 for N.I. in so far as not already in force) by Electoral Administration Act 2006 (c. 22), ss. 61(1), 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 20(a) (subject to art. 4, Sch. 2) (as substituted by S.I. 2006/2268, art. 3); S.I. 2006/3412, art. 4 (subject to art. 6, Sch. 2); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1); S.I. 2014/1809, art. 2