Statutory Instruments
2005 No. 299
POLITICAL PARTIES
The Political Parties, Elections and Referendums Act 2000 (Disapplication of Part IV for Northern Ireland Parties, etc ) Order 2005
Made
10th February 2005
Coming into force
16th February 2005
Whereas a draft of this Order has been approved by resolution of each House of Parliament;
Now, therefore, the Secretary of State in exercise of the powers conferred on him by section 70(1)(b) of the Political Parties, Elections and Referendums Act 2000( 1 ) hereby makes the following Order:
Citation, commencement and interpretation
1. —(1) This Order may be cited as the Political Parties, Elections and Referendums Act 2000 (Disapplication of Part IV for Northern Ireland Parties, etc. ) Order 2005.
(2) This Order shall come into force on 16th February 2005 and (without prejudice to any power to revoke it) shall remain in force for the period of two years beginning with that date.
(3) In this Order—
“the 2000 Act” means the Political Parties, Elections and Referendums Act 2000; and
“Northern Ireland party” has the same meaning as in section 70(6) of the 2000 Act.
Disapplication of Part IV of the 2000 Act in relation to Northern Ireland parties
2. Chapters I to III of Part IV (control of donations to registered parties) of the 2000 Act (sections 50 to 69, together with Schedule 6) are hereby disapplied for the period of two years beginning with the date on which this Order comes into force in relation to every Northern Ireland party.
Disapplication of Schedule 7 to the 2000 Act as respects Northern Ireland
3. Paragraph 2 to 15 of Schedule 7 to the 2000 Act (control of donations to individuals and members association) are hereby disapplied for the period of two years beginning with the date on which this Order comes into force in relation to every regulated donee (as defined by paragraph 1(7) of Schedule 7 to the 2000 Act) who is—
(a) an individual ordinarily resident in Northern Ireland, or
(b) a members association wholly or mainly consisting of members of a Northern Ireland party.
Restriction on meaning of “registered party”: donations to parties in Great Britain
4. Section 70(5) of the 2000 Act (by virtue of which section 54(2)(c) of that Act has effect during the period when an order under section 70(1) is in force as if it referred only to a party registered in the Great Britain register) shall apply to a donation received by a registered party which is registered in the Great Britain register.
Restriction on meaning of “registered party”: donations to regulated donees in Great Britain
5. Paragraph 1(10) of Schedule 7 to the 2000 Act (by virtue of which section 54(2)(c) of that Act has effect during the period when an Order under section 70(1) is in force as if it referred only to a party registered in the Great Britain register) shall apply to a donation received by a regulated donee resident or carrying on activities in Great Britain.
Restrictions on donations by registered parties
6.Paragraph 1(7) of Schedule 2A to the Representation of the People Act 1983( 2 ) (by virtue of which permissible donors in section 54(2) of the 2000 Act shall be construed so as to exclude registered parties registered in the Northern Ireland register maintained by the Electoral Commission under Part II of that Act during a period when an Order under section 70(1) is in force) shall apply to a donation received by a registered party in Northern Ireland.
Paul Murphy
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
10th February 2005
2000 c. 41 ; the powers in section 70(1) are extended by paragraph 16 of Schedule 7 and are referred to in section 70(5) and paragraph 1(10) of Schedule 7.
S.I. 2001/446 .