The Control of Donations and Regulation of Loans etc. (Extension of the Prescribed Period) (Northern Ireland) Order 2010

Statutory Instruments

2010 No. 2061

Political Parties, Northern Ireland

The Control of Donations and Regulation of Loans etc. (Extension of the Prescribed Period) (Northern Ireland) Order 2010

Made

1st August 2010

Coming into force in accordance with Article 1

In accordance with article 5(3) of the Electoral Administration Act 2006 (Regulation of Loans etc: Northern Ireland) Order 2008(1) the Electoral Commission has been consulted prior to the making of this Order.

A draft of this Order has been laid before and approved by a resolution of each House of Parliament in accordance with section 14(6) of the Northern Ireland (Miscellaneous Provisions) Act 2006(2) and article 5(6) of the Electoral Administration Act 2006 (Regulation of Loans etc: Northern Ireland) Order 2008.

Accordingly the Secretary of State, in exercise of the powers conferred by section 14(3) of the Northern Ireland (Miscellaneous Provisions) Act 2006 and article 5(3) of the Electoral Administration Act 2006 (Regulation of Loans etc: Northern Ireland) Order 2008, makes the following Order:

Citation and commencement

1.  This Order may be cited as the Control of Donations and Regulation of Loans etc. (Extension of the Prescribed Period) (Northern Ireland) Order 2010 and it comes into force the day after the day on which it is made.

Amendment of the Northern Ireland (Miscellaneous Provisions) Act 2006

2.  In section 14(2)(b) of the Northern Ireland (Miscellaneous Provisions) Act 2006, for “31st October 2010” substitute “1st March 2011”.

Amendment of the Electoral Administration Act 2006 (Regulation of Loans etc: Northern Ireland) Order 2008

3.  In article 5(2)(b) of the Electoral Administration Act 2006 (Regulation of Loans etc: Northern Ireland) Order 2008, for “31st October 2010” substitute “1st March 2011”.

Hugo Swire

Minister of State

Northern Ireland Office

1st August 2010

EXPLANATORY NOTE

(This note is not part of the Order)

Special provisions apply in relation to the disclosure and publication by the Electoral Commission of loans and donations made to political parties and other regulated recipients (such as members of political parties and holders of elective office) in Northern Ireland. The provisions apply for the duration of the period prescribed in the Northern Ireland (Miscellaneous Provisions) Act 2006 (“2006 Act”) (in relation to donations) and the Electoral Administration Act 2006 (Regulation of Loans etc: Northern Ireland) Order 2008 (“2008 Order”) (in relation to loans and regulated transactions within the meaning of the Electoral Administration Act 2006).

The period currently prescribed in both the 2006 Act and the 2008 Order expires on 31st October 2010 but may be extended by Order by the Secretary of State. The Secretary of State has decided to extend the prescribed period in both the 2006 Act and the 2008 Order for a period of four months expiring on 1st March 2011. This Order therefore makes the relevant amendments to the 2006 Act and the 2008 Order. Article 2 amends the 2006 Act substituting 1st March 2011 for 31st October 2010 in the provision which describes the prescribed period and article 3 makes the same amendment to the 2008 Order.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.

(1)

S.I. 2008/1319.

(2)

2006 c. 33; section 13 of this Act was amended by article 4 of S.I. 2008/1319. Other amendments made to this Act are not relevant to this Order.