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Northern Ireland (Miscellaneous Provisions) Act 2006

Type Public General Act

Publication 2006-07-25

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Part 1 — Registration of electors

Anonymous registration

Power to make provision about anonymous registration

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(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—

(a) parliamentary elections, and

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

(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—

(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);

(b) confer power to make provision with respect to any matter—

(i) which relates to anonymous registration, and

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

(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).

Periodical canvass etc.

Abolition of annual canvass

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

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

(3) After subsection (1) insert—

(1A) The Chief Electoral Officer for Northern Ireland must conduct a canvass in Northern Ireland in such years as are determined in accordance with section 10ZA.

(4) In subsection (2)—

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

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

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

Timing of canvass

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After section 10 of the 1983 Act insert—

(10ZA) (1) A canvass under section 10(1A) must be conducted in— (a) the year 2010, unless the Secretary of State makes an order providing that the requirement in this paragraph does not apply; (b) every tenth year following 2010. (2) A canvass under section 10(1A) must be conducted in an intervening year if— (a) on or before 15th April in that year, the Chief Electoral Officer for Northern Ireland has made a recommendation in favour of a canvass being conducted in that year for the purpose of meeting the relevant registration objectives, and (b) the Secretary of State, having considered the recommendation, has notified the Chief Electoral Officer that he is satisfied that the public interest requires a canvass to be conducted for that purpose. (3) If no canvass under section 10(1A) is conducted before the end of 2015, a canvass must be conducted in 2016. (4) “Intervening year” means a year other than— (a) 2010, (b) every tenth year following 2010, and (c) if no canvass under section 10(1A) is conducted before the end of 2015, 2016. (5) The Secretary of State may not make an order under subsection (1)(a) unless— (a) on or before 15th April 2010, the Chief Electoral Officer for Northern Ireland has made a recommendation against a canvass being conducted in the year 2010 for the purpose of meeting the relevant registration objectives, and (b) the Secretary of State, having considered the recommendation, is satisfied that the public interest does not require a canvass to be conducted for that purpose. (6) The power to make an order under subsection (1)(a) is exercisable by statutory instrument. (7) No order is to be made under subsection (1)(a) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament. (8) “Recommendation” means a written recommendation to the Secretary of State.

The relevant registration objectives

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After section 10ZA of the 1983 Act insert—

(10ZB) (1) The relevant registration objectives are to secure, so far as reasonably practicable— (a) that every person who is entitled to be registered in a register is registered in it, (b) that no person who is not entitled to be registered in a register is registered in it, and (c) that none of the required information relating to any person registered in a register is false. (2) But, in applying subsection (1), the registrations of the persons mentioned in section 10(3) (registrations with which a canvass is not concerned) must be disregarded. (3) “Register” means a register maintained by the Chief Electoral Officer for Northern Ireland under section 9. (4) “The required information” means the following (as appearing in the register or other records of the Chief Electoral Officer)— (a) the person's name; (b) the person's qualifying address; (c) the person's date of birth; (d) subject to subsections (5) and (6), the person's signature; (e) the person's national insurance number or a statement that he does not have one. (5) The required information does not include the person's signature if— (a) the Chief Electoral Officer has dispensed with the requirement to provide a signature, or (b) other evidence of identity is required (instead of a signature) under a CORE scheme. (6) If under a CORE scheme other evidence is required instead of a signature, the required information includes that evidence. (7) “False”, in relation to a signature, means that the signature is not the usual signature of, or was written by a person other than, the person whose signature it purports to be. (8) “CORE scheme” has the same meaning as in Part 1 of the Electoral Administration Act 2006.

Publication and alteration of registers

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

(1) Each registration officer must for each year publish a revised version of his registers— (a) if there is a canvass in his area in that year, during the period starting with the end of the canvass in that year and ending with 1st December in that year or such later date as may be prescribed, or (b) if (in Northern Ireland) there is no canvass in that year, on 1st December in that year or by such later date as may be prescribed.

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

Alteration of registers: pending elections

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

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

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

(d) omit paragraph (e).

(2) After section 13B of the 1983 Act insert—

(13BA) (1) An alteration in a published version of a register of electors which takes effect under section 13A(2) after the final nomination day in the case of an election to which this section applies is of no effect for the purposes of that election unless the alteration— (a) is made in consequence of a decision or determination falling within section 13A(1)(c) or (d), and (b) takes effect on or before the fifth day before the date of the poll. (2) Subsection (3) applies if— (a) at any time before the appropriate publication date in the case of an election to which this section applies, section 13A applies to the Chief Electoral Officer for Northern Ireland (by virtue of section 13A(1)) in connection with a determination or requirement falling within section 13A(1)(a) or (b), and (b) no alteration made in consequence of that determination or requirement— (i) has already taken effect, or (ii) is due to take effect, under section 13A(2) on or before the final nomination day. (3) If, no later than the prescribed date, the Chief Electoral Officer is supplied with such additional material supporting the alteration as is prescribed, he must, on the appropriate publication date, issue a notice specifying the appropriate alteration in the register. (4) But a person whose entitlement to vote at an election results from an alteration under subsection (3)— (a) is not entitled as an elector to an absent vote at that election, and (b) must not be shown in the absent voters list kept for that election under— (i) section 7 of the Representation of the People Act 1985, or (ii) regulation 9 of the European Parliamentary Elections (Northern Ireland) Regulations 2004. (5) Subsection (6) applies if— (a) at any time before the appropriate publication date in the case of an election to which this section applies, section 13A applies to the Chief Electoral Officer for Northern Ireland (by virtue of section 13A(1)) in connection with a decision or determination falling within section 13A(1)(c) or (d), and (b) no alteration made in consequence of that decision or determination— (i) has already taken effect, or (ii) is due to take effect, under section 13A(2) on or before the fifth day before the date of the poll. (6) The Chief Electoral Officer must, on the appropriate publication date, issue a notice specifying the appropriate alteration in the register. (7) Subsection (9) applies if— (a) at any time on or after the appropriate publication date in the case of an election to which this section applies but before the prescribed time on the day of the poll, section 13A applies to the Chief Electoral Officer for Northern Ireland (by virtue of section 13A(1)), in connection with a notification mentioned in section 13A(1)(c), and (b) in consequence of the notification— (i) an entry relating to that person falls to be made in the register in respect of an address in the relevant election area, or (ii) his entry in the register needs to be altered. (8) Subsection (9) also applies if— (a) at any time on or after the appropriate publication date in the case of an election to which this section applies but before the prescribed time on the day of the poll, section 13A applies to the Chief Electoral Officer for Northern Ireland (by virtue of section 13A(1)), in connection with a determination falling within section 13A(1)(d), (b) the determination was made following a representation made by or on behalf of a person to the Chief Electoral Officer, and (c) in consequence of the determination— (i) an entry relating to that person falls to be made in the register in respect of an address in the relevant election area, or (ii) his entry in the register needs to be altered. (9) The Chief Electoral Officer must, when— (a) he receives the notification referred to in subsection (7), or (b) he makes the determination referred to in subsection (8), issue a notice specifying the appropriate alteration in the register. (10) In subsection (8)(b), “representation” means a representation made in accordance with prescribed requirements to the effect that the register contains a clerical error. (11) A notice under subsection (3), (6) or (9)— (a) is to be issued in the prescribed manner, and (b) takes effect from the beginning of the day on which it is issued. (12) This section applies to— (a) parliamentary elections in Northern Ireland, (b) elections in Northern Ireland to the European Parliament, and (c) elections to the Northern Ireland Assembly. (13) Subsections (5) and (6) of section 13B apply for the purposes of this section as they apply for the purposes of that section.

Data collection

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Part 2 — The Chief Electoral Officer

Tenure

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(1) The Chief Electoral Officer—

(a) is appointed by the Secretary of State, and

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

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

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

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

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

(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,

(b) he has been convicted of an offence,

(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

(d) he is unable or unfit to carry out his functions.

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

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

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

(7) “Commencement” means the commencement of this section.

(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.)).

Annual reports

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(1) The Chief Electoral Officer must each year—

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

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

(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.

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

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

Part 3 — Donations for political purposes

Introduction

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(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.

(2) In this Part—

(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,

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

(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.

Part 4 of the 2000 Act: the final disapplication period

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(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.

(2) “The final disapplication period” means the period—

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

(b) ending with 31st October 2007.

(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—

(a) an individual ordinarily resident in Northern Ireland, or

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

(4) Section 54(2)(c) of the 2000 Act has effect in relation to any donation received during the final disapplication period by—

(a) a Great Britain party, or

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

as if it referred to a Great Britain party only.

(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.

(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.

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

(8) The following provisions cease to have effect—

(a) in the 2000 Act—

(i) section 42(5),

(ii) Chapter 4 of Part 4,

(iii) section 156(4)(d),

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

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

(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) ”.

Extension of categories of permissible donors

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

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