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The Electoral Administration Act 2006 (Commencement No.1 and Transitional Provisions) (Northern Ireland) Order 2008
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Statutory Instruments
2008 No. 1656 (C. 74)
Northern Ireland
Political Parties
The Electoral Administration Act 2006 (Commencement No.1 and Transitional Provisions) (Northern Ireland) Order 2008
Made
25th June 2008
The Secretary of State, in exercise of the powers conferred by section 77(2) and (4) of the Electoral Administration Act 2006(1), makes the following Order:
Citation and interpretation
1.—(1) This Order may be cited as the Electoral Administration Act 2006 (Commencement No.1 and Transitional Provisions) (Northern Ireland) Order 2008.
(2) In this Order—
“the 2000 Act” means the Political Parties, Elections and Referendums Act 2000(2); and
“the 2006 Act” means the Electoral Administration Act 2006.
Commencement of provisions of the Electoral Administration Act 2006
2.—(1) Subject to article 3 and the Schedule to this Order, the provisions of the 2006 Act specified in paragraph (2) shall come into force on 1st July 2008 so far as they extend to Northern Ireland.
(2) The provisions referred to in paragraph (1) are—
(a)section 61 (regulation of loans etc.), except so far as—
(i)it provides, by subsection (1), for the insertion of section 71S(3) of the 2000 Act; and
(ii)it provides, by subsection (5), for the insertion of paragraphs 2(3) and 3(2) of Schedule 6A to the 2000 Act;
(b)section 62 (regulation of loans: power to make provision for candidates, third parties and referendums);
(c)section 74 (miscellaneous amendments and repeals) so far as it relates to the provisions referred to in sub-paragraphs (d) and (e);
(d)in Schedule 1 (amendments) —
(i)paragraphs 97 to 102 except so far as paragraph 99 provides for the insertion of paragraph 16 of Schedule 7A to the 2000 Act;
(ii)paragraphs 140, 141, 144, 146, 148, 150, 151, 153 and 154(1), (2) and (4) to (7);
(e)in Schedule 2 (repeals) in the entries relating to the 2000 Act, the references relating to —
(i)sections 50(2)(e), 50(4) and 53(4)(a); and
(ii)paragraphs 2 and 5(4)(a) of Schedule 7.
Transitional provisions
3. The Schedule to this Order, which makes transitional provisions, has effect.
Paul Goggins
Minister of State
Northern Ireland Office
25th June 2008
Article 3
SCHEDULETRANSITIONAL PROVISIONS
1.—(1) Paragraphs (2) to (5) make transitional provisions in relation to section 61 of, and Part 6 of Schedule 1 to, the 2006 Act.
(2) In those paragraphs, references to sections and to Schedules are references to the sections and Schedules inserted in the 2000 Act by the provisions of the 2006 Act mentioned in sub-paragraph (1).
2. In the period beginning on 1st July 2008 and ending on 31st December 2008, section 71M has effect as if—
(a)in subsection (1)—
(i)for “each year” there were substituted “2008”; and
(ii)paragraphs (a) and (b) were omitted.
(b)In subsection (3) for the words “in that year” (as they appear in the definition of “relevant transaction”), there were substituted “in the period beginning on 1st July 2008 and ending on 31st December 2008”.
3.—(1) This paragraph applies to the first transaction report prepared under section 71M, so far as it relates to an existing transaction within the meaning of section 71O(3).
(2) Section 71M(9) has effect as if the words from “and is dealt with” to the end were omitted.
(3) Section 71N(3) has effect as if the words from “and in consequence of” to the end were omitted.
(4) The following provisions do not have effect—
(a)Section 71T(2)(a) and (d);
(b)Paragraph 4(1)(b) of Schedule 6A; and
(c)Paragraph 4A(c) of Schedule 6A.
4.—(1) In the period beginning on 1st July 2008 and ending on 31st December 2008, paragraph 9 of Schedule 7A has effect as if in sub-paragraph (2)(b)(i) for “the same calendar year” there were substituted “the period beginning on 1st July and ending on 31st December 2008”.
(2) Sub-paragraph (1) does not apply to paragraph 9 of Schedule 7A where it has effect for the purposes of paragraph 14 of that Schedule.
5.—(1) This paragraph applies to a transaction report made in respect of an existing transaction within the meaning of paragraph 14 of Schedule 7A.
(2) Paragraph 10(3)(d) and (4)(e) of Schedule 7A have effect as if, in each case, the words from “and the date when” to the end were omitted.
(3) Paragraphs 11(7)(c) and 13 of Schedule 7A do not have effect.
(4) Paragraph 12(1) of Schedule 7A has effect as if–
(a)for “30 days” there were substituted “60 days” and;
(b)before paragraph (a) there were inserted “(as applied by paragraph 14(1))”.
EXPLANATORY NOTE
(This note is not part of the Order)
This Order brings into force on 1st July 2008 sections 61 and 62 of, and related provisions in Schedules 1 and 2 to, the Electoral Administration Act 2006 (c.22) in so far as those provisions extend to Northern Ireland. Section 61 concerns the regulation of loans and other related transactions to political parties and, in certain circumstances, members and members associations of those parties and holders of elective offices. The transitional provisions are made principally in respect of the reporting provisions relating to those transactions for the remainder of 2008.
NOTE AS TO EARLIER COMMENCEMENT ORDERS
(This note is not part of the Order)
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Section 9 | 11.09.2006 | 2006/1972 |
| Section 10 | 01.01.2007 | 2006/3412 |
| Section 11 | 01.01.2007 | 2006/3412 |
| Section 12 (England, Wales and Scotland) | 01.01.2007 | 2006/3412 |
| Section 12 (Northern Ireland) | 14.05.2008 | 2008/1316 |
| Section 13(partially) | 01.01.2007 and 30.11.2007 and | 2006/3412 and 2007/3376 and |
| 14.05.2008 | 2008/1316 | |
| Section 14 | 01.01.2007 | 2006/3412 |
| Section 15 | 11.09.2006 | 2006/1972 |
| Section 16 ( England, Wales and Scotland) | 01.01.2007 | 2006/3412 |
| Section 16 (Northern Ireland) | 01.07.2008 | 2008/1316 |
Section 17 (England, Wales and Scotland) Section 17 (Northern Ireland) | 01.01.2007 07.02.2007 | |
| Section 18 (England, Wales and Scotland) | 01.01.2007 | 2006/3412 |
| Section 18 (Northern Ireland) | 01.07.2008 | 2008/1316 |
| Section 19 ( England, Wales and Scotland) | 01.01.2007 | 2006/3412 |
| Section 19 (Northern Ireland) | 01.07.2008 | 2008/1316 |
| Section 20 (England, Wales and Scotland) | 01.01.2007 | 2006/3412 |
| Section 20 (Northern Ireland) | 01.07.2008 | 2008/1316 |
| Section 21 (England, Wales and Scotland) | 01.01.2007 | 2006/3412 |
| Section 21 (Northern Ireland) | 01.07.2008 | 2008/1316 |
| Section 22 (England, Wales and Scotland) | 01.01.2007 | 2006/3412 |
| Section 22 (Northern Ireland) | 01.07.2008 | 2008/1316 |
| Section 23 | 11.09.2006 and 01.01.2007 and | 2006/1972 and 2006/3412 and |
| 01.07.2008 | 2008/1316 | |
| Section 24 (England, Wales and Scotland) | 01.01.2007 | 2006/3412 |
| Section 24 (Northern Ireland) | 01.07.2008 | 2008/1316 |
| Section 25 | 11.09.2006 | 2006/1972 |
| Section 26 (England, Wales and Scotland) | 01.01.2007 | 2006/3412 |
| Section 26 (Northern Ireland) | 01.07.2008 | 2008/1316 |
| Section 27 | 11.09.2006 | 2006/1972 |
| Section 28 ( England, Wales and Scotland) | 01.01.2007 | 2006/3412 |
| Section 28 (Northern Ireland) | 01.07.2008 | 2008/1316 |
| Section 29 ( England, Wales and Scotland) | 31.01.2007 | 2006/3412 |
| Section 29 (Northern Ireland) | 01.07.2008 | 2008/1316 |
| Section 30 (England, Wales and Scotland) | 01.01.2007 | 2006/3412 |
| Section 30 (Northern Ireland) | 01.07.2008 | 2008/1316 |
| Section 31(partially, England, Wales and Scotland) | 01.01.2007 | 2006/3412 |
| Section 31 (partially Northern Ireland) | 14.05. 2008 and | 2008/1316 |
| 01.07.2008 | 2008/1316 | |
| Section 32 | 01.01.2007 | 2006/3412 |
| Section 33 | 01.01.2007 | 2006/3412 |
| Section 34 | 01.01.2007 | 2006/3412 |
| Section 35 | 01.01.2007 | 2006/3412 |
| Section 36 (England, Wales and Scotland) | 01.01.2007 | 2006/3412 |
| Section 36 (Northern Ireland) | 01.07.2008 | 2008/1316 |
| Section 37 (England, Wales and Scotland) | 01.01.2007 | 2006/3412 |
| Section 37 (Northern Ireland) | 14.05.2008 | 2008/1316 |
| Section 38 | 01.01.2007 and | 2006/3412 and |
| 01.07.2008 | 2008/1316 | |
| Section 39 | 11.09.2006 | 2006/1972 |
| Section 40 | 11.09.2006 | 2006/1972 |
| Section 41 | 01.01.2007 and | 2006/3412 and |
| 14.05.2008 and | 2008/1316 and | |
| 01.07.2008 | 2008/1316 | |
| Section 42 (partially, England and Wales and Northern Ireland) | 01.01.2007 and 1.1.2008 and | 2006/3412 and 2007/3376 and |
| 14.05.2008 | 2008/1316 | |
| Section 43 (partially, England and Wales and Northern Ireland) | 01.01.2007 and 1.1.2008 and | 2006/3412 and 2007/3376 and |
| 01.07.2008 | 2008/1316 | |
| Section 44 (partially, England and Wales and Northern Ireland) | 01.01.2007 and 1.1.2008 and | 2006/3412 and 2007/3376 and |
| 01.07.2008 | 2008/1316 | |
| Section 45 (England, Wales and Scotland) | 01.01.2007 | 2006/3412 |
| Section 45 (Northern Ireland) | 01.07.2008 | 2008/1316 |
| Section 46 (England, Wales and Scotland) | 01.01.2007 | 2006/3412 |
| Section 46 (Northern Ireland) | 01.07.2008 | 2008/1316 |
| Section 47 (partially) | 11.09.2006 and 01.01.2007 and | 2006/1972 and 2006/3412 and |
| 14.05.2008 and | 2008/1316 and | |
| 01.07.2008 | 2008/1316 | |
| Section 48 | 11.09.2006 | 2006/1972 |
| Section 49 | 01.01.2007 | 2006/3412 |
| Section 50 | 11.09.2006 | 2006/1972 |
| Section 51 | 11.09.2006 | 2006/1972 |
| Section 52 (partially) | 11.09.2006, 01.01.2007 and 07.02.2007 and | |
| 01.07.2008 | 2008/1316 | |
| Section 53 | 11.09.2006 | 2006/1972 |
| Section 54 | 11.09.2006 | 2006/1972 |
| Section 55 | 11.09.2006 | 2006/1972 |
| Section 56 | 11.09.2006 | 2006/1972 |
| Section 57 | 11.09.2006 | 2006/1972 |
| Section 58 | 30.06.2007 | 2007/1847 |
| Section 60 | 11.09.2006 | 2006/1972 |
| Section 61 (partially, England, Wales and Scotland) | 11.09.2006 and 1.1.2007 | 2006/1972, amended by 2006/2268 and 2006/3412. |
| Section 62 (England, Wales and Scotland) | 11.09.2006 | 2006/1972, amended by 2006/2268 |
| Section 63 (Northern Ireland) | 10.03.2008 | 2008/610 |
| Section 64 | 11.09.2006 | 2006/1972 |
| Section 65 | 11.09.2006 | 2006/1972 |
| Section 66 (England, Wales and Scotland) | 01.01.2007 | 2006/3412 |
| Section 66 (Northern Ireland) | 01.07.2008 | 2008/1316 |
| Section 67 | 11.09.2006 | 2006/1972 |
| Section 68 (England and Wales) | 01.01.2007 | 2006/3412 |
| Section 68 (Northern Ireland) | 01.07.2008 | 2008/1316 |
| Section 69 (England, Wales and Scotland) | 01.01.2007 | 2006/3412 |
| Section 70 | 01.01.2007 | 2006/3412 |
| Section 71 | 01.01.2007 | 2006/3412 |
| Section 72 | 01.01.2007 | 2006/3412 |
| Section 73 | 01.01.2007 and | 2006/3412 and |
| 01.07.2008 | 2008/1316 | |
| Section 74 (partially) | 11.09.2006 and 01.01.2007 and | 2006/1972 and 2006/3412 and |
| 01.07.2008 | 2008/1316 | |
| Schedule 1 (partially) | 11.09.2006 , 01.01.2007 and 07.02.2007 and | 2006/1972, as amended by 2006/2268, 2006/3412 and 2007/230 and |
| 14.05.2008 | 2008/1316 and | |
| 01.07.2008 | 2008/1316 | |
| Schedule 2 (partially) | 11.09.2006, 01.01.2007 and 07.02.2007 and | 2006/1972, 2006/3412 and 2007/230 and |
| 01.07.2008 | 2008/1316 |
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