UKPGA-2006-33 — Northern Ireland (Miscellaneous Provisions) Act 2006

preamble

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1

Registration of electors

s. 1 — Power to make provision about anonymous registration

s. 1(1)

An Order in Council under section 84(1) of the 1998 Act (provision with respect to certain electoral matters relating to Northern Ireland) which contains a statement that it is made only for purposes corresponding, or similar, to those of section 10 of the Electoral Administration Act 2006 (c. 22) (anonymous registration) may make provision for Northern Ireland for such purposes in relation to—

s. 1(1)(a)

parliamentary elections, and

s. 1(1)(b)

elections in respect of the Northern Ireland Assembly ... and district councils.

s. 1(2)

An Order made by virtue of subsection (1) may, if it appears to Her Majesty necessary or expedient for the purposes of the Order—

s. 1(2)(a)

amend the 1983 Act, the 2006 Act, this Act or any other Act (whenever passed) or any Northern Ireland legislation (whenever passed or made);

s. 1(2)(b)

confer power to make provision with respect to any matter—

s. 1(2)(b)(i)

which relates to anonymous registration, and

s. 1(2)(b)(ii)

with respect to which, under the 1983 Act, provision may be made by regulations;

s. 1(2)(c)

make transitional provision.

s. 1(3)

In this Part—“the 1998 Act” means the Northern Ireland Act 1998 (c. 47), and“the 1983 Act” means the Representation of the People Act 1983 (c. 2).

s. 2 — Abolition of annual canvass

s. 2(1)

Amend section 10 of the 1983 Act (maintenance of registers: annual canvass) as follows.

s. 2(2)

In subsection (1), after “registration officer” insert “ in Great Britain ”.

s. 2(3)

After subsection (1) insert—

s. 2(4)

In subsection (2)—

s. 2(4)(a)

for “for any year” substitute “ under subsection (1) or (1A) ”, and

s. 2(4)(b)

for “that year” substitute “ the year in which it is conducted ”.

s. 2(5)

In the heading, for “annual canvass” substitute “ duty to conduct canvass ”.

s. 3 — Timing of canvass

After section 10 of the 1983 Act insert—

s. 4 — The relevant registration objectives

After section 10ZA of the 1983 Act insert—

s. 5 — Publication and alteration of registers

s. 5(1)

In section 13 of the 1983 Act (publication of registers), for subsection (1) substitute—

s. 5(2)

In section 13A of the 1983 Act (alteration of registers), in subsection (3)(b), for “section 13(1)” substitute “ section 13(1)(a) ”.

s. 6 — Alteration of registers: pending elections

s. 6(1)

In section 13B of the 1983 Act (alteration of registers: pending elections), in subsection (4)—

s. 6(1)(a)

at the end of paragraph (a), insert “ in England, Wales or Scotland ”,

s. 6(1)(b)

in paragraph (b), after “elections” insert “ in England, Wales or Scotland ”,

s. 6(1)(c)

at the end of paragraph (d), insert “ and ”, and

s. 6(1)(d)

omit paragraph (e).

s. 6(2)

After section 13B of the 1983 Act insert—

s. 7 — Data collection

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2

The Chief Electoral Officer

s. 8 — Tenure

s. 8(1)

The Chief Electoral Officer—

s. 8(1)(a)

is appointed by the Secretary of State, and

s. 8(1)(b)

subject to what follows, holds office in accordance with the terms of his appointment (or re-appointment).

s. 8(2)

A person must not be appointed as Chief Electoral Officer for more than 5 years at a time.

s. 8(3)

The period for which a person holds office as Chief Electoral Officer must not exceed 10 years.

s. 8(4)

The Chief Electoral Officer may resign by notice in writing to the Secretary of State.

s. 8(5)

The Secretary of State may dismiss the Chief Electoral Officer if satisfied that—

s. 8(5)(a)

he has without reasonable excuse failed to discharge his functions for a continuous period of 3 months beginning not earlier than 6 months before the day of dismissal,

s. 8(5)(b)

he has been convicted of an offence,

s. 8(5)(c)

a bankruptcy order has been made against him, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors, or

s. 8(5)(d)

he is unable or unfit to carry out his functions.

s. 8(6)

This section applies in relation to the person who at commencement holds the office of Chief Electoral Officer as if—

s. 8(6)(a)

subsection (2) required his appointment to end no later than 5 years after commencement, and

s. 8(6)(b)

the total period which under subsection (3) must not be exceeded were 10 years plus the period of his appointment before commencement.

s. 8(7)

“Commencement” means the commencement of this section.

s. 8(8)

In this Part “Chief Electoral Officer” has the meaning given by section 14(1) of the Electoral Law Act (Northern Ireland) 1962 (c. 14 (N. I.)).

s. 9 — Annual reports

s. 9(1)

The Chief Electoral Officer must each year—

s. 9(1)(a)

prepare a report on how he has discharged his functions in the year to which the report relates, and

s. 9(1)(b)

send a copy of the report to the Secretary of State by such date as the Secretary of State directs.

s. 9(2)

The report must include an assessment of the extent to which the relevant registration objectives in Northern Ireland have been met in the year to which the report relates.

s. 9(3)

“The relevant registration objectives” has the meaning given by section 10ZB of the Representation of the People Act 1983 (c. 2).

s. 9(4)

The Secretary of State must lay a copy of the report before each House of Parliament.

Part 3

Donations for political purposes

s. 10 — Introduction

s. 10(1)

In this Part—“the 2000 Act” means the Political Parties, Elections and Referendums Act 2000 (c. 41), and“the 1983 Act” means the Representation of the People Act 1983.

s. 10(2)

In this Part—

s. 10(2)(a)

section 11 comes into force at the end of the period of two months beginning with the day on which this Act is passed,

s. 10(2)(b)

sections 12 to 14 and Schedule 1 come into forceon 1st November 2007, and

s. 10(2)(c)

section 15 comes into force at the end of the period of two months beginning with the day on which this Act is passed.

s. 11 — Part 4 of the 2000 Act: the final disapplication period

s. 11(1)

Sections 50 to 69 of, and Schedule 6 to, the 2000 Act (donations to political parties) do not apply in relation to any Northern Ireland party during the final disapplication period.

s. 11(2)

“The final disapplication period” means the period—

s. 11(2)(a)

starting with the day on which this section comes into force, and

s. 11(2)(b)

ending with 31st October 2007.

s. 11(3)

Paragraphs 2 to 15 of Schedule 7 to the 2000 Act (donations to individuals and members associations) do not apply during the final disapplication period in relation to any regulated donee who is—

s. 11(3)(a)

an individual ordinarily resident in Northern Ireland, or

s. 11(3)(b)

a members association wholly or mainly consisting of members of a Northern Ireland party.

s. 11(4)

Section 54(2)(c) of the 2000 Act has effect in relation to any donation received during the final disapplication period by—as if it referred to a Great Britain party only.

s. 11(4)(a)

a Great Britain party, or

s. 11(4)(b)

a regulated donee who is resident or carries on activities in Great Britain,

s. 11(5)

References in Schedule 2A to the 1983 Act to a permissible donor falling within section 54(2) are to be read, in relation to any donation received during the final disapplication period by a candidate at an election in Great Britain, as not including a Northern Ireland party.

s. 11(6)

In this section—“Great Britain party” means a party registered in the Great Britain register (as defined by section 23(2) of the 2000 Act),“Northern Ireland party” means a party registered in the Northern Ireland register (as defined by that section), and“regulated donee” and “members association” have the same meaning as in Schedule 7 to the 2000 Act.

s. 11(7)

The reference in subsection (4)(b) to Great Britain includes the combined region (as defined by section 160(1) of the 2000 Act).

s. 11(8)

The following provisions cease to have effect—

s. 11(8)(a)

in the 2000 Act—

s. 11(8)(a)(i)

section 42(5),

s. 11(8)(a)(ii)

Chapter 4 of Part 4,

s. 11(8)(a)(iii)

section 156(4)(d),

s. 11(8)(a)(iv)

in Schedule 7, paragraphs 1(10) and (11) and 16, and

s. 11(8)(b)

in Schedule 2A to the 1983 Act, paragraph 1(7).

s. 11(9)

In section 159A(a) of the 2000 Act (functions that are not exercisable by Lord Chancellor as well as by Secretary of State), for “, 18(2) and (4) and 70” substitute “ and 18(2) and (4) ”.

s. 12 — Extension of categories of permissible donors

In Part 4 of the 2000 Act, after Chapter 5 insert—

s. 13 — Section 12: supplementary

s. 13(1)

In section 156(4) of the 2000 Act (orders and regulations—powers subject to affirmative procedure), after paragraph (c) insert—.

s. 13(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 13(3)

In Schedule 2A to the 1983 Act (control of donations to candidates), after paragraph 1(6) insert—

s. 14 — Special provision in relation to Northern Ireland recipients

Schedule 1 contains amendments of the 2000 Act relating to donations received by Northern Ireland recipients.

s. 15 — Power to make provision in connection with permissible donors

s. 15(1)

The Secretary of State may, after consulting the Electoral Commission, by order make provision, in relation to any time occurring on or after 1st November 2007, in connection with the provision made by—

s. 15(1)(a)

sections 12 and 13, or

s. 15(1)(b)

section 14 and Schedule 1.

s. 15(2)

The provision that may be made under subsection (1) includes provision amending or modifying—

s. 15(2)(a)

any provision of the 2000 Act;

s. 15(2)(b)

Schedule 2A to the 1983 Act;

s. 15(2)(c)

any other enactment connected with permissible donors or donations for political purposes.

s. 15(3)

The provision that may be made under subsection (1) also includes provision amending—so that they refer to a Northern Ireland recipient instead of referring to a party registered in the Northern Ireland register.

s. 15(3)(a)

section 71C of the 2000 Act (as inserted by section 12), and

s. 15(3)(b)

paragraph 1(6A) of Schedule 2A to the 1983 Act (as inserted by section 13),

s. 15(4)

The power to make an order under subsection (1) is exercisable by statutory instrument.

s. 15(5)

No order is to be made under subsection (1) unless a draft of the instrument containing the order has been laid before and approved by a resolution of each House of Parliament.

s. 15A — Power to increase transparency

s. 15A(1)

The Secretary of State may, after consulting the Electoral Commission, by order—

s. 15A(1)(a)

make provision permitting or requiring the Electoral Commission to publish information about donations received by Northern Ireland recipients, or

s. 15A(1)(b)

make other provision for the purpose of increasing transparency in relation to such donations.

s. 15A(2)

Provision made under this section may—

s. 15A(2)(a)

amend, repeal or modify any enactment connected with donations for political purposes (including in particular any of the provisions inserted into the 2000 Act by Schedule 1);

s. 15A(2)(b)

include consequential, supplementary, incidental, transitional, transitory or saving provision.

s. 15A(3)

Provision made under this section may apply in relation to donations received at any time on or after 1 November 2007.

s. 15A(4)

The power to make an order under this section is exercisable by statutory instrument.

s. 15A(5)

No order is to be made under this section unless a draft of the instrument containing the order has been laid before and approved by a resolution of each House of Parliament.

s. 15A(6)

For the purposes of this section and section 15B—

s. 15A(6)(a)

“donation” has the same meaning as in Part 4 of the 2000 Act (see section 50 of that Act);

s. 15A(6)(b)

the time at which a donation is received is to be determined in the same way as for the purposes of that Part;

s. 15A(6)(c)

“Northern Ireland recipient” has the same meaning as in Chapter 6 of that Part (see section 71A of that Act).

s. 15A(7)

Section 15B imposes limits on the provision that may be made under this section.

s. 15B — Confidentiality of donations received before 1 January 2014

s. 15B(1)

The provision that may be made by order under section 15A does not include provision which—

s. 15B(1)(a)

alters the effect of section 71E of the 2000 Act (duty not to disclose contents of donation reports) in relation to the disclosure of protected information,

s. 15B(1)(b)

reduces the maximum penalty for an offence under that section committed in relation to the disclosure of protected information, or

s. 15B(1)(c)

gives a person a right to obtain protected information contained in a register kept by the Commission under that Act.

s. 15B(2)

“Protected information” means information—

s. 15B(2)(a)

which relates to a donation received before 1 January 2014, and

s. 15B(2)(b)

which identifies the donor or from which it is possible to identify the donor.

s. 15B(3)

The references in subsection (1) to section 71E of the 2000 Act and to the maximum penalty for an offence under that section are to that section and maximum penalty as they have effect at the time at which the order under section 15A is made.

Part 4

Devolution of policing and justice etc.

s. 16 — Conditions for devolving policing and justice matters

s. 16(1)

Amend section 4 of the 1998 Act (transferred, excepted and reserved matters) as follows.

s. 16(2)

In subsection (2), for “subsection (3)” substitute “ subsections (2A) and (3) ”.

s. 16(3)

After subsection (2) insert—

s. 16(4)

In subsection (3), for “the draft of an Order before Parliament under subsection (2)” substitute “ before Parliament under subsection (2) the draft of any other Order ”.

s. 16(5)

After subsection (5) insert—

s. 16(6)

In this Part “the 1998 Act” means the Northern Ireland Act 1998 (c. 47).

s. 17 — Department with policing and justice functions

s. 17(1)

After section 21 of the 1998 Act insert—

s. 17(2)

After Schedule 4 to the 1998 Act insert the Schedule 4A set out in Schedule 2 to this Act.

s. 18 — Power of Assembly to call for witnesses and documents

In section 44 of the 1998 Act (power to call for witnesses and documents), after subsection (4) insert—

s. 19 — Provision for transfer of functions relating to extradition etc.

After section 86 of the 1998 Act insert—

s. 20 — Provision for entrenching enactments

After section 86A of the 1998 Act insert—

Part 5

Miscellaneous

s. 21 — Arms decommissioning: extension of amnesty period

In section 2(3)(b) of the Northern Ireland Arms Decommissioning Act 1997 (c. 7) (date by which amnesty period must end), for “2007” substitute “ 2010 ”.

s. 22 — Loans to Consolidated Fund of Northern Ireland: increase of limits

s. 22(1)

Amend section 1 of the Northern Ireland (Loans) Act 1975 (c. 83) as follows.

s. 22(2)

In subsection (2) (limit on loans to the Consolidated Fund of Northern Ireland), for “£2,000 million” substitute “ £3,000 million ”.

s. 22(3)

In subsection (5) (power to increase the limit by order)—

s. 22(3)(a)

omit “, on not more than one occasion,”,

s. 22(3)(b)

for “the limit in subsection (2)” substitute “ the limit for the time being specified in subsection (2) ”, and

s. 22(3)(c)

for “£300 million” substitute “ £500 million ”.

s. 23 — Single wholesale electricity market

s. 23(1)

Her Majesty may by Order in Council make provision for giving effect to any agreement or arrangement—

s. 23(1)(a)

which has been entered into between Her Majesty's Government and the Government of Ireland,

s. 23(1)(b)

which relates to the establishment or operation of a single wholesale electricity market in Northern Ireland and Ireland, and

s. 23(1)(c)

a copy of which has been presented to Parliament by the Secretary of State by command of Her Majesty.

s. 23(2)

An Order in Council under this section may—

s. 23(2)(a)

amend, repeal or revoke any provision made by or under an Act of Parliament or Northern Ireland legislation (whenever passed or made);

s. 23(2)(b)

confer powers on bodies or persons specified in, or appointed under or by virtue of, the Order, including powers to make statutory rules (within the meaning of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)));

s. 23(2)(c)

create offences under the law of Northern Ireland;

s. 23(2)(d)

make provision which applies generally or only in specified cases or circumstances;

s. 23(2)(e)

make different provision for different cases or circumstances;

s. 23(2)(f)

make such consequential, incidental, supplementary or transitional provision as appears to Her Majesty to be necessary or expedient.

s. 23(3)

Where an Order in Council under this section creates an offence, it must make provision as to the mode of trial and punishment of offenders; but there is no power for the Order—

s. 23(3)(a)

to impose a maximum term of imprisonment, on summary conviction, of more than three months;

s. 23(3)(b)

to impose a maximum fine, on summary conviction, of more than the statutory maximum; or

s. 23(3)(c)

to impose a maximum term of imprisonment, on conviction on indictment, of more than two years.

s. 23(4)

No recommendation is to be made to Her Majesty to make an Order under this section unless a draft of the Order has been laid before and approved by resolution of each House of Parliament.

s. 24 — Financial assistance for energy purposes

For Article 61 of the Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6)) substitute—

s. 25 — Sustainable development

s. 25(1)

A public authority must, in exercising its functions, act in the way it considers best calculated to contribute to the achievement of sustainable development in Northern Ireland, except to the extent that it considers that any such action is not reasonably practicable in all the circumstances of the case.

s. 25(2)

For this purpose—

s. 25(2)(a)

a public authority must have regard to any strategy or guidance relating to sustainable development issued by the Department of Agriculture, Environment and Rural Affairs , and

s. 25(2)(b)

a public authority other than a Northern Ireland department must have regard to any guidance relating to sustainable development issued by a Northern Ireland department other than the Department of Agriculture, Environment and Rural Affairs .

s. 25(3)

In this section “public authority” means—

s. 25(3)(a)

a Northern Ireland department,

s. 25(3)(b)

a district council in Northern Ireland, and

s. 25(3)(c)

any other person designated for the purposes of this section by order made by the Department of Agriculture, Environment and Rural Affairs .

s. 25(4)

The power to make an order under subsection (3)(c) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

s. 25(5)

Such an order may not be made unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

s. 26 — Extension to Northern Ireland of provisions of SOCAP 2005

s. 26(1)

Sections 60 to 67, 69 and 70 of the Serious Organised Crime and Police Act 2005 (c. 15) (investigatory powers of DPP etc.) extend to Northern Ireland.

s. 26(2)

Schedule 3 contains amendments of that Act in connection with subsection (1).

s. 27 — Responsibilities in relation to the health and safety etc. of police

s. 27(1)

In Article 47A of the Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9)) (application of Part II of that Order to police) after paragraph (2) insert—

s. 27(2)

For paragraph (2) of each of the following Articles of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16))—substitute the paragraph set out in subsection (3).

s. 27(2)(a)

Article 72A (right of police officers not to suffer detriment in relation to health and safety issues), and

s. 27(2)(b)

Article 169A (right of police officers not to be unfairly dismissed in relation to health and safety issues),

s. 27(3)

The paragraph to be substituted is—

s. 27(4)

The amendments made by subsections (1) to (3) have effect for the purposes of any proceedings in or before a court or tribunal that are commenced on or after the day on which this Act is passed as if the amendments had come into force on 1st July 1998.

s. 27(5)

For the purposes of proceedings commenced against a person in his capacity by virtue of this section as a corporation sole, anything done by or in relation to that person before the passing of this Act shall be deemed to have been done by or in relation to that person in that capacity.

s. 27(6)

No person shall be liable by virtue of Article 47A(2B) of the Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9)) in respect of anything occurring before the passing of this Act.

s. 28 — Duty to fill judicial vacancies

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 6

Supplementary

s. 29 — Financial provisions

s. 29(1)

There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable by virtue of any other Act out of money provided by Parliament.

s. 29(2)

There shall be paid out of the Consolidated Fund any increase attributable to this Act in the sums payable by virtue of any other Act out of that Fund.

s. 30 — Minor and consequential amendments etc.

s. 30(1)

Schedule 4 contains minor and consequential amendments.

s. 30(2)

Schedule 5 contains repeals and revocations.

s. 30(3)

The Secretary of State may by order made by statutory instrument make supplementary, incidental, consequential, transitional or saving provision for the purposes of, in consequence of, or for giving full effect to, any provision of Part 1.

s. 30(4)

An order under subsection (3) may, in particular—

s. 30(4)(a)

provide for a provision of Part 1 which comes into force before another provision of Part 1 or of the Electoral Administration Act 2006 (c. 22) has come into force to have effect, until the other provision has come into force, with specified modifications;

s. 30(4)(b)

amend, repeal or revoke any enactment passed or made on or before the last day of the session in which this Act is passed.

s. 30(5)

“Enactment” includes any provision of Northern Ireland legislation or subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)) and any provision of Part 1 of Schedule 4.

s. 30(6)

No order is to be made under subsection (3) unless a draft of the instrument containing the order has been laid before and approved by a resolution of each House of Parliament.

s. 31 — Commencement

s. 31(1)

The following come into force on the day on which this Act is passed—

s. 31(1)(a)

section 1;

s. 31(1)(b)

section 10;

s. 31(1)(c)

section 22;

s. 31(1)(d)

section 23;

s. 31(1)(e)

section 24;

s. 31(1)(f)

section 27;

s. 31(1)(g)

section 28;

s. 31(1)(h)

section 29;

s. 31(1)(i)

section 30(3) to (6);

s. 31(1)(j)

this section;

s. 31(1)(k)

section 32;

s. 31(1)(l)

section 33.

s. 31(2)

Part 3 (apart from section 10, but including Schedule 1) comes into force as mentioned in section 10(2).

s. 31(3)

Subject to subsection (4), the other provisions of this Act come into force on such day as the Secretary of State may appoint by order made by statutory instrument.

s. 31(4)

Any repeals or revocations in Schedule 5 come into force in the same way as any provision of this Act to which they relate.

s. 31(5)

Different days may be appointed under subsection (3) for different purposes.

s. 31(6)

The Secretary of State may by order made by statutory instrument make transitory or transitional provision or savings in connection with the coming into force of any provision of this Act.

s. 32 — Extent

s. 32(1)

The extent of any amendment or repeal made by this Act is the same as that of the enactment amended or repealed.

s. 32(2)

But the amendments and repeals made by Schedule 3 (and Schedule 5 so far as relating to that Schedule) extend to England and Wales and Northern Ireland only.

s. 32(3)

Section 25 extends to Northern Ireland only.

s. 33 — Short title

This Act may be cited as the Northern Ireland (Miscellaneous Provisions) Act 2006.

Sch 1

Amendments of 2000 Act

Sch 1 para 1

After section 71C of the 2000 Act (as inserted by section 12) insert—

Sch 1 para 2

In Schedule 20 to the 2000 Act (penalties), after the entry relating to section 68(5) insert—

Sch 1 para 3

In section 149 of the 2000 Act (inspection of Commission's registers etc.), after subsection (7) insert—

Sch 2

Department with policing and justice functions

Paragraph

The Schedule inserted after Schedule 4 to the 1998 Act is as follows—

Sch 3

Extension to Northern Ireland of provisions of SOCAP 2005

Sch 3 para 1

Amend the Serious Organised Crime and Police Act 2005 (c. 15) as follows.

Sch 3 para 2

Sch 3 para 2(1)

Amend section 60 (investigatory powers of DPP etc.) as follows.

Sch 3 para 2(2)

In subsection (1), at the end of paragraph (c) insert.

Sch 3 para 2(3)

After subsection (4) insert—

Sch 3 para 2(4)

In subsection (5), at the end of paragraph (c) insert

Sch 3 para 2(5)

In subsection (6), for “or (4)” substitute “ , (4) or (4A) ”.

Sch 3 para 3

Sch 3 para 3(1)

Amend section 61 (offences to which Chapter 1 of Part 2 applies) as follows.

Sch 3 para 3(2)

In subsection (1), after paragraph (b) insert—.

Sch 3 para 3(3)

In subsection (1)(e), after “1968 (c. 60)” insert “ or section 17 of the Theft Act (Northern Ireland) 1969 ”.

Sch 3 para 3(4)

In subsection (1)(f), after “1981 (c. 47)” insert “ or Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 ”.

Sch 3 para 3(5)

In subsection (1)(g), after “1977 (c. 45)” insert “ or Article 9 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 ”.

Sch 3 para 3(6)

In subsection (2)(b), after “1968 (c. 60)” insert “ or section 17 of the Theft Act (Northern Ireland) 1969 ”.

Sch 3 para 3(7)

In subsection (4), after “Wales” (in both places) insert “ or Northern Ireland ”.

Sch 3 para 4

In section 62 (disclosure notices), in subsection (2), at the end insert— “ But in the application of this Chapter to Northern Ireland, this subsection has effect as if paragraph (b) were omitted. ”

Sch 3 para 5

In section 64 (restrictions on requiring information etc.), in subsection (5), after “1984 (c. 60)” insert “ or, in relation to Northern Ireland, Article 13 of the Police and Criminal Evidence (Northern Ireland) Order 1989 ”.

Sch 3 para 6

In section 65 (restrictions on use of statements), in subsection (2), at the end of paragraph (c) insert

Sch 3 para 7

In section 66 (power to enter and seize documents), after subsection (10) insert—

Sch 3 para 8

In section 67 (offences in connection with disclosure notices or search warrants), after subsection (6) insert—

Sch 3 para 9

In section 179 (short title and extent), in subsection (5)(b), for “68, 71” substitute “ 60 ”.

Sch 4

Minor and consequential amendments

Sch 4

Registration of electors

Sch 4 para 1

Sch 4 para 1(1)

Amend Schedule 5 (local elections rules) as follows.

Sch 4 para 1(2)

In rule 26 (equipment of polling stations), after paragraph (3) insert—

Sch 4 para 1(3)

In rule 34 (voting procedure), after paragraph (1) insert—

Sch 4 para 1(4)

In rule 35 (votes marked by presiding officer), after paragraph (6) insert—

Sch 4 para 1(5)

In rule 36 (voting by persons with disabilities), after paragraph (4) insert—

Sch 4 para 1(6)

In rule 37 (tendered ballot papers), after paragraph (4) insert—

Sch 4 para 1(7)

After rule 39 (spoilt ballot papers) insert—

Sch 4 para 1(8)

In rule 41 (procedure on close of poll)—

Sch 4 para 1(8)(a)

in paragraph (1)(d), after “electors” insert “ (including any marked copy notices issued under section 13BA(9) of the 1983 Act) ”, and

Sch 4 para 1(8)(b)

in paragraph (1)(f), after “ “unable to read”,” insert “ the list maintained under rule 39A, ”.

Sch 4 para 1(9)

In rule 57 (sealing up of ballot papers), in paragraph (2), after “marked copies of the register of electors” insert “ (including any marked copy notices issued under section 13BA(9) of the 1983 Act) ”.

Sch 4 para 1(10)

In rule 58 (forwarding of documents)—

Sch 4 para 1(10)(a)

in paragraph (1)(c), after “and the related statements,” insert “ the lists maintained under rule 39A, ”, and

Sch 4 para 1(10)(b)

in paragraph (1)(e), after “registers” insert “ (including any marked copy notices issued under section 13BA(9) of the 1983 Act) ”.

Sch 4 para 2

In section 10, in subsection (4) (form may be either a prescribed form or a form to the same effect), at the end insert “ except that, in Northern Ireland, a form prescribed for those purposes shall be used ”.

Sch 4 para 3

In section 13 (publication of registers), in subsection (5)(b), for “or 13B” substitute “ , 13B or 13BA ”.

Sch 4 para 4

Sch 4 para 4(1)

Amend section 13A (alteration of registers) as follows.

Sch 4 para 4(2)

In subsection (1)(c), after “56” insert “ or 58 ”.

Sch 4 para 4(3)

In subsection (2)(b), for “section 13B(1)” substitute “ sections 13B(1) and 13BA(1) ”.

Sch 4 para 4(4)

In subsection (4), before “below” insert “ or 13BA(3), (6) or (9) ”.

Sch 4 para 4(5)

In subsection (5), after “13B” insert “ or 13BA ”.

Sch 4 para 5

For section 58 substitute—

Sch 4 para 6

Sch 4 para 6(1)

Amend Schedule 1 (parliamentary elections rules) as follows.

Sch 4 para 6(2)

In rule 29 (equipment of polling stations), after paragraph (6), insert—

Sch 4 para 6(3)

In rule 35 (questions to be put to voters), after paragraph (2) insert—

Sch 4 para 6(4)

In rule 37 (voting procedure), after paragraph (1) insert—

Sch 4 para 6(5)

In rule 38 (votes marked by presiding officer), after paragraph (3) insert—

Sch 4 para 6(6)

In rule 39 (voting by person with disabilities), after paragraph (4A) insert—

Sch 4 para 6(7)

In rule 40 (tendered ballot papers), after paragraph (4B) insert—

Sch 4 para 6(8)

After rule 41A insert—

Sch 4 para 6(9)

In rule 43 (procedure on close of poll), after paragraph (3) insert—

Sch 4 para 6(10)

In rule 54 (sealing up of ballot papers), after paragraph (2) insert—

Sch 4 para 6(11)

In rule 55 (delivery of documents to Clerk of the Crown for Northern Ireland), after paragraph (4) insert—

Sch 4 para 7

Sch 4 para 7(1)

Amend Schedule 1 (application, with modifications, of provisions of the Representation of the People Act 1983 to local elections) as follows.

Sch 4 para 7(2)

In Part 1 (provisions applied), in the entry relating to sections 9, 10, 10A, 13 to 13B and 13D—

Sch 4 para 7(2)(a)

after “10,” insert “ 10ZA, 10ZB, ”, and

Sch 4 para 7(2)(b)

for “to 13B” substitute “ , 13A, 13BA ”.

Sch 4 para 7(3)

In that Part, for the entries relating to sections 56(1) and (3) to (5) and 58(2) substitute— “ Section 58 (registration appeals: Northern Ireland). ”

Sch 4 para 7(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 4 para 7(5)

In that Part, for paragraph 16 substitute—

Sch 4 para 8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 4

The Chief Electoral Officer

Sch 4 para 9

In section 14 (appointment of Chief Electoral Officer for Northern Ireland)—

Sch 4 para 9(a)

in subsection (2), for the words from “by the Governor” to the end of the subsection substitute “ in accordance with section 8 of the Northern Ireland (Miscellaneous Provisions) Act 2006 ”, and

Sch 4 para 9(b)

in subsection (4), omit the words following paragraph (d).

Sch 4

Devolution of policing and justice functions etc.

Sch 4 para 10

In section 7(1)(c) (entrenched enactments), for “86” substitute “ 86B ”.

Sch 4 para 11

In section 96(2) (orders and regulations), after “section” insert “ 4(6), ”.

Sch 4 para 12

In Schedule 2 (excepted matters), in paragraph 3 (international relations etc.)—

Sch 4 para 12(a)

after “international organisations” insert “ and extradition ”;

Sch 4 para 12(b)

omit sub-paragraph (a);

Sch 4 para 12(c)

after sub-paragraph (a) insert—.

Sch 4 para 13

Sch 4 para 13(1)

Amend Schedule 3 (reserved matters) as follows.

Sch 4 para 13(2)

In paragraph 9 (criminal justice), omit sub-paragraph (f).

Sch 4 para 13(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 4 para 14

In section 30 (Northern Ireland inquiries), in subsection (6), for “subsection (3), (4) or (5)” substitute “ any of subsections (3) to (5) ”.

Sch 4

Financial assistance for energy purposes

Sch 4 para 15

In Article 66 (regulations, orders and directions), in paragraph (1), after “59(1)” insert “ , 61(7) ”.

Sch 5

Repeals and revocations

Paragraph

Section 42(5).

Paragraph

Chapter 4 of Part 4.

Paragraph

Section 156(4)(d).

Paragraph

In Schedule 7, paragraphs 1(10) and (11) and 16.

Paragraph

In Schedule 2, paragraph 3(a).

Paragraph

In Schedule 3, paragraph 9(f).

Paragraph

In section 60—in subsection (1), “and” at the end of paragraph (b); in subsection (5), “or” at the end of paragraph (b).

UKPGA-2006-33 Northern Ireland (Miscellaneous Provisions) Act 2006 UK

Anonymous registration

Periodical canvass etc.

Alteration of registers: pending elections

Data collection

Duty of Commission to verify donation reports and not to disclose their contents

No rights to inspect etc. register so far as it relates to donations to Northern Ireland recipients

Introduction

Director of Public Prosecutions for Northern Ireland to be an Investigating Authority

Offences to which Chapter 1 of Part 2 applies to include certain Northern Ireland offences

Member of staff of SOCA not to be “appropriate person” in application of Chapter to Northern Ireland

Restrictions on requiring information etc.: modification for Northern Ireland

Restrictions on use of statements: modification for Northern Ireland

Power to enter and seize documents: applications for warrants in Northern Ireland

Offences in connection with disclosure notices etc.: modification of penalties

Extension to Northern Ireland of sections 60 to 67, 69 and 70 of SOCAP 2005

Electoral Law Act (Northern Ireland) 1962 (c. 14 (N. I.))

Representation of the People Act 1983 (c. 2)

Elected Authorities (Northern Ireland) Act 1989 (c. 3)

Electoral Administration Act 2006 (c. 22)

Electoral Law Act (Northern Ireland) 1962 (c. 14 (N. I.))

Northern Ireland Act 1998 (c. 47)

Inquiries Act 2005 (c. 12)

Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6))