Modifications etc. (not altering text)
C1Pt. 2 referred to (N.I.) (12.12.2014) by Education Act (Northern Ireland) 2014 (c. 12), s. 7, Sch. 1 para. 3(13) (with Sch. 2 para. 4(3))
(1)A party may not be registered unless it has adopted a scheme which—
(a)sets out the arrangements for regulating the financial affairs of the party for the purposes of this Act; and
(b)has been approved in writing by the Commission.
(2)The scheme must in particular determine for the purposes of this Act whether the party is to be taken to consist of—
(a)a single organisation with no division of responsibility for the financial affairs and transactions of the party for the purposes of Part III (accounting requirements), or
(b)a central organisation and one or more separate accounting units, that is to say constituent or affiliated organisations each of which is to be responsible for its own financial affairs and transactions for the purposes of that Part.
(3)In the latter case the scheme must—
(a)identify, by reference to organisations mentioned in the party’s constitution, those which are to constitute the central organisation and the accounting units respectively; and
(b)give the name of each of those organisations.
(4)The scheme must in every case include such other information as may be prescribed by regulations made by the Commission.
(5)Where a draft scheme is submitted by a party for the Commission’s approval, the Commission may either—
(a)approve the scheme, or
(b)give the party a notice requesting it to submit a revised scheme to them,
as they think fit.
(6)If under subsection (5) the Commission request a party to submit a revised scheme, they may specify either or both of the following, namely—
(a)any matters which they consider should be dealt with in the revised scheme; and
(b)any modifications which they consider should be incorporated in it.
(7)A registered party may at any time notify the Commission that it wishes to replace the scheme for the time being approved in relation to it under this section with a further scheme complying with subsections (1) to (4); and where it so notifies the Commission—
(a)it shall submit for the Commission’s approval a draft of the replacement scheme;
(b)subsections (5) and (6) shall apply in connection with the approval by the Commission of that scheme; and
(c)once that scheme has been approved in writing by the Commission it shall have effect as the party’s scheme under this section.
(8)For the purposes of this section none of the following shall be taken to be a constituent or affiliated organisation in relation to a party—
(a)a trade union within the meaning of the M1Trade Union and Labour Relations (Consolidation) Act 1992 or the M2Industrial Relations (Northern Ireland) Order 1992;
(b)a friendly society registered under the M3Friendly Societies Act 1974 [F1, a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a society registered (or deemed to be registered) under] the M4Industrial and Provident Societies Act (Northern Ireland) 1969;
(c)any other organisation specified, or of a description specified, in an order made by the Secretary of State on the recommendation of the Commission.
(9)In this section “constitution”, in relation to a party, means the document or documents (of whatever name) by which the structure and organisation of the party is determined.
(10)In connection with the registration of a party in both the Great Britain register and the Northern Ireland register, subsection (1)(a) and the other provisions of this section apply (in accordance with section 23(5)) separately in relation to the party in Great Britain and the party in Northern Ireland, and in that connection—
(a)any reference in this section to a constituent or affiliated organisation in relation to the party shall be read as a reference to a constituent or affiliated organisation in relation to the party in Great Britain or the party in Northern Ireland, as appropriate; and
(b)any reference in this Part to the party’s constitution shall be read as a reference to the party’s constitution so far as relating to the party in Great Britain or the party in Northern Ireland, as appropriate;
and the party’s scheme must show that the financial affairs of the party in Great Britain will be conducted separately from those of the party in Northern Ireland.
(11)For the purposes of this Act—
(a)“accounting unit” means a constituent or affiliated organisation falling within paragraph (b) of subsection (2);
(b)a registered party is a “party with accounting units” if the party’s scheme under this section identifies the party as being one falling within that paragraph; and
(c)in the case of such a party, the “central organisation” of the party is the central organisation referred to in that paragraph.
Textual Amendments
F1Words in s. 26(8)(b) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 75 (with Sch. 5)
Commencement Information
I1S. 26 wholly in force; s. 26 in force at Royal Assent for specified purposes, see s. 163(3); s. 26 partly in force at 14.12.2000 for specified purposes by s. 163(4) and fully in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to the transitional provisions in Pt. II of Sch. 1)
Marginal Citations