March 2004 Plenary Meetings of the Forum for Security Co-operation
In the Northern Ireland (Miscellaneous Provisions) Act 2006—
for section 14 (modifications of the Political Parties, Elections and Referendums Act 2000 to have effect during a prescribed period) substitute—;
in Schedule 1, in the heading, for “Modifications” substitute “ Amendments ”.
After section 15 of that Act insert—
In section 71E of the Political Parties, Elections and Referendums Act 2000 (duty not to disclose contents of donation reports), after subsection (4) insert—
In the Electoral Administration Act 2006 (Regulation of Loans etc: Northern Ireland) Order 2008 (S.I. 2008/1319)—
for article 5 (modifications of the Political Parties, Elections and Referendums Act 2000 to have effect during a prescribed period) substitute—;
in Schedule 1, in the heading, for “Modifications” substitute “ Amendments ”.
In section 71Z4 of the Political Parties, Elections and Referendums Act 2000 (duty not to disclose contents of transaction reports), after subsection (4) insert—
In section 63 of the Electoral Administration Act 2006 (power to make provision for regulation of loans etc: Northern Ireland), after subsection (7) insert—
In section 1(1) of the Northern Ireland Assembly Disqualification Act 1975 (disqualification of holders of certain offices etc), before paragraph (a) insert—.
After section 1 of that Act insert—
In section 37(1) of the Northern Ireland Act 1998 (effect of disqualification)—
in paragraph (a), after “by virtue of” insert “ the Northern Ireland Assembly Disqualification Act 1975 or ”;
in paragraph (b), after “by virtue of” insert “ that Act or ”.
In section 47(4) of that Act (remuneration of members), for “either House of Parliament” substitute “ the House of Lords ”.
In section 1(1) of the Northern Ireland Assembly Disqualification Act 1975 (disqualification of holders of certain offices etc), before paragraph (e) insert—.
After section 1A of that Act (as inserted by section 3) insert—
The Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599) is amended as follows.
In article 6 (vacancies filled by substitutes)—
in paragraph (2), for the words from “state in writing” to the end substitute “ make a statement of readiness ”;
in paragraph (3)—
in sub-paragraph (a)(ii), for the words from “in writing” to “Assembly” substitute “ of readiness ”;
in sub-paragraph (b), for “is not willing or able to be so returned” substitute “ will not make a statement of readiness, ”;
in paragraph (4)—
for “states in writing” substitute “ makes a statement of readiness ”;
omit “that he is willing and able to be returned as a member of the Assembly”;
in paragraph (5)—
in the opening words: after “a statement” insert “ of readiness ”; and omit “that he is willing and able to be returned as a member of the Assembly”;
in sub-paragraph (a), for “is not willing and able to be so returned” substitute “ will not make a statement of readiness ”;
in sub-paragraph (b), for “in writing that he is willing and able to be so returned” substitute “ of readiness ”;
after paragraph (6) insert—
In article 6B (vacancies arising during an Assembly term: members of registered parties)—
in paragraph (3), for the words “in writing” to the end substitutewith— ;
for paragraph (4)(a) and (b) substitute—;
in paragraph (6), for the words from “does” to “Assembly” substitute “ responds within such period as the Officer considers reasonable with a statement of the kind mentioned in paragraph (3)(a) ”.
Schedule 1 (application with modifications of provisions of the Representation of the People Act 1983 etc) is amended as follows.
In the entry for section 65A (false statements in nomination papers etc), in the second column, insertFor subsection (1B)(c) substitute—
In the entry for rule 8 of the parliamentary elections rules (consent to nomination), in the second column, for the first sentence substituteFor paragraph (3)(b) substitute—
The Northern Ireland Act 1998 is amended as follows.
This paragraph does not include—
After section 7 insert—
In section 14 (submission by Secretary of State), after subsection (3) insert—
In section 53(3)(b) (agreements etc by person participating in Councils), after “section” insert “ 7A, ”.
In section 31(1) of the Northern Ireland Act 1998 (dates of elections and dissolutions), for “fourth” substitute “ fifth ”.
The amendment made by subsection (1) has effect in relation to the determination of the date of the poll for the election of the Assembly next following the Assembly elected at the poll on 5 May 2011 (as well as its successors).
Part 1A of Schedule 4A to the Northern Ireland Act 1998 (department with policing and justice functions) is amended as follows.
For paragraph 3B (modification of section 16A) substitute—
In paragraph 3C (section 18 not to apply to relevant Minister)—
the existing provision becomes sub-paragraph (1);
after that sub-paragraph insert—
Paragraph 3D (provisions relating to relevant Minister) is amended in accordance with subsections (5) to (8).
In sub-paragraph (3), after “after” insert “ section 16B(3) to (7) is applied in relation to the offices of First Minister and deputy First Minister but before ”.
After sub-paragraph (4) insert—
In sub-paragraph (11)—
omit the “or” at the end of paragraph (b) and after that paragraph insert—;
at the beginning of paragraph (c) insert “ where consent to the Minister's nomination was not required under sub-paragraph (4A), ”.
After sub-paragraph (17) insert—
In Part 1A of Schedule 4A to the Northern Ireland Act 1998 (department with policing and justice functions), after paragraph 3D insert—
In paragraph 21 of Schedule 2 to the Northern Ireland Act 1998 (excepted matters), after “Northern Ireland Constitution Act 1973” insert “ , other than section 36(1)(c), ”.
In paragraph 16 of Schedule 3 to that Act (reserved matters), omit “functions and procedures of the”.
Section 4 of that Act (transferred, excepted and reserved matters) is amended as follows.
In subsection (2), for “and (3)” substitute “ to (3D) ”.
After subsection (3) insert—
In paragraph 22 of Schedule 2 to the Northern Ireland Act 1998 (excepted matters), for sub-paragraph (f) substitute—.
In paragraph 42 of Schedule 3 to that Act (reserved matters), after sub-paragraph (a) insert—.
In section 4 of that Act (transferred, excepted and reserved matters), after subsection (3B) (as inserted by section 10) insert—
This paragraph does not apply to—
After paragraph 41 of Schedule 3 to that Act (reserved matters) insert—
In section 10 of the Representation of the People Act 1983 (“RPA 1983”) (duty to conduct canvass)—
in subsection (4) (as substituted by paragraph 9(5) of Schedule 4 to the Electoral Registration and Administration Act 2013), for “ be a form prescribed for those purposes ” substitute “comply with such requirements as to its form or content as shall be prescribed by the Secretary of State after having consulted the Electoral Commission”;
in subsection (4A), for “prescribe a form” substitute “ prescribe requirements ”;
after subsection (4B), insert—
In section 201 of RPA 1983 (regulations), in subsections (2) and (2A), before “110(7)” insert “ 10(4) or ”.
If sub-paragraph (5) of paragraph 9 of Schedule 4 to the Electoral Registration and Administration Act 2013 has not come into force on or before the day on which this section comes into force, then until that sub-paragraph comes into force—
the amendment made by subsection (1)(a) of this section is of no effect;
section 10(4) of RPA 1983 has effect as if, for “a form prescribed for those purposes shall be used”, there were substituted “ that does not apply and the form to be used for the purposes of the canvass must comply with such requirements as to its form or content as shall be prescribed by the Secretary of State after having consulted the Electoral Commission ”;
the following provisions of RPA 1983 have effect as if the references in them to regulations under section 10(4) of that Act were references to such regulations in respect of a canvass in Northern Ireland only—
section 10(4BA) (as inserted by subsection (1)(c));
section 201(2) and (2A) (as amended by subsection (2)).
The following provisions (which impose or relate to the requirement that persons registering as electors in Northern Ireland must have been resident there for three months) are repealed or revoked—
in the Representation of the People Act 1983—
section 4(2);
section 7B(5);
section 7C(1)(b) (and the “and” before it);
section 10(4A)(c)(ii) (but not the “and” after it);
section 10A(1A)(c)(ii) (but not the “and” after it);
section 13A(2A)(c)(ii) (but not the “and” after it);
section 14(2);
section 17(1)(b) (but not the “and” after it);
in the European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001 (S.I. 2001/1184)—
regulation 4(2);
regulation 6(1)(c);
in the Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741), regulation 25(6).
In consequence of the amendments made by subsection (1)—
in the Elected Authorities (Northern Ireland) Act 1989, in Schedule 1—
in Part 1, for “Section 4(2)” substitute “ Section 4(3) ”;
in Part 2, omit paragraph 7(1);
in the Representation of the People Act 2000, omit paragraph 7 of Schedule 1.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
after subsection (3) insert—;
after subsection (8) insert—
In the Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741), in regulation 20 (contents of overseas elector's declaration)—
in paragraph (1)—
after “required” insert “ or permitted ”;
after “2(3)(a) to (d)” insert “ , (3A) ”;
for “(7)” substitute “ (6B) ”;
after paragraph (5) insert—;
in paragraph (6), for the words before sub-paragraph (a) substitute “ If the declaration includes a statement under section 2(3)(b) of the 1985 Act (statement that declarant is a British citizen), the declaration shall state— ”;
after that paragraph insert—;
omit paragraph (7).
In regulation 22 of those regulations (attestation of certain overseas electors' declarations)—
in paragraph (3) for “the bearer of a British passport which describes his national status as a “British citizen”” substitute “ a person ”;
after paragraph (3)(c) insert; and ;
in paragraph (4), after “British citizen” insert “ , or an eligible Irish citizen, ”;
for paragraph (5)(b) substitute—;
in paragraph (5)(f), after “British citizen” insert “ , or an eligible Irish citizen, ”;
after paragraph (5) insert—
In section 13BA of the Representation of the People Act 1983 (alteration of registers in Northern Ireland: pending elections), omit subsection (4) (which prevents late registration as an absent voter).
In consequence of the amendment made by subsection (1)—
in Part 2 of Schedule 1 to the Elected Authorities (Northern Ireland) Act 1989, omit paragraph 8A;
in Schedule 4 to the Northern Ireland (Miscellaneous Provisions) Act 2006, omit paragraph 7(4).
After section 13C of the Representation of the People Act 1983 (electoral identity card: Northern Ireland) insert—
In the Representation of the People Act 1983 (“RPA 1983”)—
section 9A (duty of registration officers to take necessary steps) extends to Northern Ireland (as well as Great Britain), and
in section 9 (registers of electors), omit subsection (6) (duty of registration officers in Northern Ireland to take reasonable steps).
In consequence of subsection (1)(a), in section 78(2)(a) of the Electoral Administration Act 2006 (which confined the extent of section 9A of RPA 1983 to Great Britain), for “9” substitute “ 9(2) ”.
Section 9A of RPA 1983 is amended as follows—
in subsection (1), for the words from “for the purpose of securing” to the end substitute— ;
in subsection (2)(a), after “section 9D” insert “ or 10 ”;
in subsection (2)(b), for “subsection (5) of that section” substitute “ section 9D(5) or 10(5) ”.
In Schedule 1 to the Elected Authorities (Northern Ireland) Act 1989 (application, with modifications, of provisions of RPA 1983 to local elections), in Part 1 (provisions applied), after “Sections 9,” insert “ 9A, ”.
The Secretary of State may by order made by statutory instrument make provision about objectives or standards of performance to be met by the Chief Electoral Officer for Northern Ireland, including in particular provision about—
setting such objectives or standards;
assessing or reporting the extent to which such objectives or standards have been met.
An order under this section may confer a function on, or modify or remove a function of, the Chief Electoral Officer for Northern Ireland, the Electoral Commission or the Secretary of State.
References in subsection (2) to a function include a discretionary function.
An order under this section may—
amend, repeal, revoke or otherwise modify any enactment (whenever passed or made);
include consequential, supplementary, incidental, transitional, transitory or saving provision.
In this section “enactment” includes—
a provision of an Act, including a provision of or inserted by this Act;
a provision of, or of an instrument made under, Northern Ireland legislation;
a provision of subordinate legislation (within the meaning of the Interpretation Act 1978).
An order under this section may not be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.
In the Representation of the People Act 1983 (“RPA 1983”), in section 53(8) (power to make regulations as to registration etc), omit “in Great Britain”.
In Schedule 2 to RPA 1983 (provisions which may be contained in regulations as to registration etc)—
in paragraph 1—
omit sub-paragraphs (4A) and (4B);
in sub-paragraph (5) omit “or (4A)”;
omit sub-paragraphs (6) to (8);
in paragraph 1A(1), omit “in Great Britain”;
in paragraph 8C—
in sub-paragraph (1)(a), for “or 10ZD” substitute “ , 10ZD or 10A ”;
in sub-paragraph (1)(b) omit “in Great Britain”;
in paragraph 11A, omit sub-paragraph (1A);
in paragraph 13, omit sub-paragraph (1ZA).
In Schedule 1 to the Elected Authorities (Northern Ireland) Act 1989 (application, with modifications, of provisions of RPA 1983 to local elections), in Part 1 (provisions applied), after “Section 53 and, in Schedule 2, paragraphs 1(2) to (5),” insert “ 1A, ”.
In the Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741) (“the 2008 regulations”)—
in regulation 41(1) (requests for information), for “the purposes mentioned in paragraph 1(4B)” substitute “ any of the purposes mentioned in paragraph 1A(1) ”;
in regulation 43(1)(a) (disclosure of information), for “the purpose mentioned in paragraph 1(4B)” substitute “ any of the purposes mentioned in paragraph 1A(1) ”.
Regulation 41 (as amended by subsection (4)(a)) and regulation 42 of the 2008 regulations are treated for the purposes of paragraph 1A of Schedule 2 to RPA 1983 as having been made under that paragraph.
Regulation 43 (as amended by subsection (4)(b)) of the 2008 regulations is treated for the purposes of paragraphs 1A and 13(1ZB) of Schedule 2 to RPA 1983 as having been made under those paragraphs.
In consequence of the amendments made by subsection (2)(a), (d) and (e)—
omit section 6 of the Electoral Fraud (Northern Ireland) Act 2002;
omit section 7 of the Northern Ireland (Miscellaneous Provisions) Act 2006.
The Schedule to this Act makes provision about rules of court.
In section 75 of the Northern Ireland Act 1998 (statutory duty on public authorities), after subsection (3) insert—
But where the public authority is designated by order under section 75(3)(a) or (d)—
In section 34 of the Northern Ireland Act 1998 (elections and franchise for the Assembly), after subsection (6) insert—
In section 84 of that Act (provision with respect to certain matters), after subsection (1A) insert—
In Schedule 1 to the Protection of Freedoms Act 2012 (amendments of regimes other than PACE), in Part 7 (corresponding Northern Ireland provision for excepted or reserved matters etc), in paragraph 8(1) for “2011 or 2012 (whether before or after the passing of this Act)” substitute “ 2013 or 2014 ”.
In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices), at the appropriate place, insert “ Civil Service Commissioner for Northern Ireland. ”
The amendments made by section 2(1) and (2) are treated, for the purposes of section 63 of the Electoral Administration Act 2006, as made under that section.
Where— the amendment or revocation is treated, for the purposes of that enactment, as having been made under it.
any other provision of this Act amends or revokes subordinate legislation (within the meaning of the Interpretation Act 1978), and
the amendment or revocation could have been made under a power conferred by an enactment,
The amendment made by section 17 extends to Northern Ireland only.
Any other amendment, repeal, revocation or other modification of an enactment made by this Act has the same extent as the enactment, or relevant part of the enactment, to which it relates.
Subject to subsections (1) and (2), this Act extends to the whole of the United Kingdom.
See also paragraph 38 of Schedule 1 to the Elections Act 2022 (which relates to section 17 of this Act: electoral identity cards).
The following provisions come into force on the day on which this Act is passed—
in section 1 (donations for political purposes)—
subsections (1) and (2), and
subsection (3) for the purpose of prescribing requirements;
in section 2 (loans etc for political purposes)—
subsection (1),
subsection (2) for the purpose of prescribing requirements, and
subsection (3);
section 7 (extension of term of Assembly);
section 19 (Chief Electoral Officer: performance standards etc);
section 20 (data sharing) (but see subsection (2) below);
section 22 (equality duties);
section 23 (extension of powers to make secondary legislation about elections etc);
section 24 (regulation of biometric data) (but see subsection (3) below);
sections 26 to 29 (final provisions).
If paragraph 10 of Schedule 4 to the Electoral Registration and Administration Act 2013 (which restricts to Northern Ireland the application of section 10A of the Representation of the People Act 1983) comes into force on a day after that on which this Act is passed, subsection (2)(c)(i) of section 20 comes into force immediately after that paragraph comes into force.
If paragraph 8(1) of Schedule 1 to the Protection of Freedoms Act 2012 comes into force on a day after that on which this Act is passed, section 24 comes into force immediately after that paragraph comes into force.
The following provisions come into force at the end of the period of two months beginning with the day on which this Act is passed— section 6 (reduction in size of the Assembly to be reserved matter); section 10 (Civil Service Commissioners for Northern Ireland); section 11 (Northern Ireland Human Rights Commission); section 12 (district electoral areas for council elections); section 13 (removal of requirement that canvass form must be prescribed form); section 17 (electoral identity cards); section 18 (Chief Electoral Officer: duty to take necessary steps) (but see subsection (5) below); section 21 and the Schedule (rules of court); section 25 (amendment of Northern Ireland Assembly Disqualification Act 1975).
If paragraph 6 of Schedule 4 to the Electoral Registration and Administration Act 2013 (which amends section 9A of the Representation of the People Act 1983) comes into force on a day after the end of the period mentioned in subsection (4), section 18(3) comes into force immediately after that paragraph comes into force.
The following provisions come into force on the first day after this Act is passed on which the Northern Ireland Assembly is dissolved— section 3 (MPs to be disqualified for membership of Assembly); section 4 (members of the Dàil Èireann to be disqualified for membership of the Assembly); section 5 (statements by prospective members of Assembly).
Subject to the preceding subsections of this section, this Act comes into force on such day as the Secretary of State may appoint by order made by statutory instrument.
An order under subsection (7)—
may appoint different days for different purposes, and
may make transitional, transitory or saving provision.
This Act may be cited as the Northern Ireland (Miscellaneous Provisions) Act 2014.
Section 21
In section 56 of the Judicature (Northern Ireland) Act 1978 (control and publication of rules), for subsection (1) substitute—
In section 36 of the Coroners Act (Northern Ireland) 1959 (c. 15) (rules and fees), for subsections (1C) and (1D) substitute— After section 36 of that Act insert—
In section 53 of the Judicature (Northern Ireland) Act 1978 (Crown Court Rules Committee), after subsection (3) insert—
The amendments made by this Schedule have effect in relation to rules made on or after the day on which this Schedule comes into force.
In the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)), after Article 47 (making of county court rules) insert—
In Article 13 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (magistrates' court rules), for paragraph (3A) substitute— After Article 13 of that Order insert—