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

PART 2 U.K.

Duty of the Commission [F1 in relation to Northern Ireland reports] U.K.

Textual Amendments

F1 Words in Pt. 2 title substituted (8.3.2018) by The Transparency of Donations and Loans etc. (Northern Ireland Political Parties) Order 2018 (S.I. 2018/328), arts. 1(2), 10(2)

Steps to be taken by the Commission for the purpose of verifying information given in Northern Ireland reports U.K.

7.  For the purposes of section 71D(1) of the 2000 Act the prescribed steps which the Commission must take for the purpose of verifying the information given in Northern Ireland reports F2 ... are set out in articles 8 and 9.

Textual Amendments

F2 Words in art. 7 omitted (8.3.2018) by virtue of The Transparency of Donations and Loans etc. (Northern Ireland Political Parties) Order 2018 (S.I. 2018/328), arts. 1(2), 10(3)

Commencement Information

I1 Art. 7 in force at 1.11.2007, see art. 1

Selection of Northern Ireland donations U.K.

8.—(1) In each reporting period, in relation to each Northern Ireland recipient who has provided a Northern Ireland report, the Commission must—

(a) select for verification 50 per cent of all donations made by individual donors reported by that recipient in accordance with paragraphs (2) and (3); and

(b) select for verification every donation which has not been made by an individual donor.

(2) In the case of a Northern Ireland recipient who has reported an odd number of donations from individual donors during any reporting period, the Commission must determine the number of donations from individual donors to be selected for verification by adding one to the number of donations from individual donors reported by that Northern Ireland recipient and dividing the resulting number by two.

(3) In the case of a Northern Ireland recipient who has reported only one donation from an individual donor during any reporting period, the Commission must select that donation for verification.

Commencement Information

I2 Art. 8 in force at 1.11.2007, see art. 1

Verification of donations to Northern Ireland recipients U.K.

9.—(1) The Commission must take the following steps in relation to each selected Northern Ireland donation.

(2) In relation to a Northern Ireland report made in respect of a selected Northern Ireland donation, and any documentation provided with it, the Commission must take reasonable steps to ascertain whether—

(a) the information provided in the report in relation to that donation is accurate; and

(b) any documentation provided with the report in relation to that donation is genuine.

(3) The steps taken by the Commission under paragraph (2) may include, but are not limited to, contacting a relevant body set out in article 11.

Commencement Information

I3 Art. 9 in force at 1.11.2007, see art. 1

Disclosure of information relating to a donation which was required to be dealt with in accordance with section 56(2) of the 2000 Act U.K.

10.— [F3 (1)] If, after taking the steps prescribed by articles 8 and 9, the Commission believes on reasonable grounds that a donation [F4 to which this article applies and which is] reported in a Northern Ireland report fell to be dealt with under section 56(2) of the 2000 Act, and that it has not been dealt with in this manner, the Commission must—

(a) write to the Northern Ireland recipient who provided the report informing him of the Commission’s intention to publish the information in accordance with paragraph (b); and

(b) publish the following information—

(i) the name of the Northern Ireland recipient;

(ii) the amount of the donation;

(iii) the date of the donation;

(iv) whether the donation was received from an individual or from a body; and

(v) in the case of a donation received from a body, the type of body which made the donation with reference to article 4(2) or section 54(2) of the 2000 Act.

[F5 (2) This article applies to a donation received by a Northern Ireland recipient which is a donation to which section 71E of the 2000 Act applies.]

Textual Amendments

F3 Art. 10 renumbered as art. 10(1) (8.3.2018) by The Transparency of Donations and Loans etc. (Northern Ireland Political Parties) Order 2018 (S.I. 2018/328), arts. 1(2), 10(4)(a)

F4 Words in art. 10(1) inserted (8.3.2018) by The Transparency of Donations and Loans etc. (Northern Ireland Political Parties) Order 2018 (S.I. 2018/328), arts. 1(2), 10(4)(b)

F5 Art. 10(2) inserted (8.3.2018) by The Transparency of Donations and Loans etc. (Northern Ireland Political Parties) Order 2018 (S.I. 2018/328), arts. 1(2), 10(4)(c)

Commencement Information

I4 Art. 10 in force at 1.11.2007, see art. 1

Disclosure of information by the Commission U.K.

11.  The following bodies are prescribed for the purposes of section 71E(2)(b) of the 2000 Act—

(a) a firm of solicitors in Ireland which has provided a statement in accordance with paragraph 2A(12) of Schedule 6 to the 2000 Act(1);

(b) the Central Bank and Financial Services Authority of Ireland;

(c) the office of the Certification Officer;

(d) the Corporate Officer of the House of Commons;

(e) the Corporate Officer of the House of Lords;

(f) the office of the Northern Ireland Certification Officer;

(g) Companies House (meaning that part of [F6 the Department for Business and Trade] known as the Companies House Executive Agency);

(h) the Department of Enterprise, Trade and Investment(2);

(i) the Department of Foreign Affairs of Ireland;

(j) the Electoral Office for Northern Ireland;

(k) the [F7 Financial Conduct Authority];

[F8 (ka) the Prudential Regulation Authority;]

(l) the Northern Ireland Assembly Commission;

(m) the office of any electoral registration officer;

(n) the Registrar of Companies of Ireland;

(o) the Registrar of Friendly Societies of Ireland; and

(p) the Registrar of Political Parties of Ireland.

Textual Amendments

F6 Words in art. 11(g) substituted (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), art. 1(2), Sch. para. 47 (with art. 17)

F7 Words in art. 11(k) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 130(a)

F8 Art. 11(ka) inserted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 130(b)

Commencement Information

I5 Art. 11 in force at 1.11.2007, see art. 1

(1)

Paragraph 2A of Schedule 6 is inserted by article 5 of, and Schedule 1 to, this Order.

(2)

The Department was so named by the Departments (Northern Ireland) Order (1999/283 (N.I.1).