Accordingly, the Secretary of State, in exercise of the powers conferred on him by section 15(1) and (2)(a) of the 2006 Act, and sections 71B(1)(a) and (b), 71D(1), 71E(2)(b) and 71E(4)(5) of the 2000 Act and having regard to the definition of “prescribed” in section 71A(4) of the 2000 Act, makes the following Order:

Citation, commencement and extent

1.  This Order may be cited as the Political Parties, Elections and Referendums Act 2000 (Northern Ireland Political Parties) Order 2007 and shall come into force on 1st November 2007.

Interpretation

2.  In this Order—

“the 1983 Act” means the Representation of the People Act 1983(6);

“the 2000 Act” means the Political Parties, Elections and Referendums Act 2000;

“the 2006 Act” means the Northern Ireland (Miscellaneous Provisions) Act 2006;

“individual donor” means an individual who is a permissible donor by virtue of—

“Northern Ireland report” means a report to the Commission which is prepared by a Northern Ireland recipient and contains, or purports to contain, information required to be given by Schedule 6 or 7 to the 2000 Act, but does not include a report required to be prepared by virtue of section 63 of that Act;

“prescribed bodies” has the meaning given by article 4(2);

“reporting period” has the meaning given by section 62(2) of the 2000 Act in relation to reports prepared pursuant to that section but, in relation to reports which contain, or purport to contain, information required to be given pursuant to Schedule 7 to the 2000 Act, it means each month; and

“selected Northern Ireland donation” means a donation made to a Northern Ireland recipient which is selected by the Commission for verification under article 8.

PART 1

Extension of categories of permissible donors in relation to Northern Ireland recipients

Donations by Irish citizens

3.  For the purposes of section 71B(1)(a) of the 2000 Act, the prescribed condition in relation to an Irish citizen is that at the time of making a donation to a Northern Ireland recipient he must be eligible to obtain one of the following documents—

(a) an Irish passport;

(b) a certificate of nationality; or

(c) a certificate of naturalisation.

Donations by Irish bodies

4.—(1) The description or category of bodies prescribed for the purposes of section 71B(1)(b) of the 2000 Act, are such of the bodies set out in paragraph (2) which keep an office in Ireland or Northern Ireland being an office from which the carrying on of one or more of its principal activities is directed.

(2) The prescribed bodies are—

(a) a company—

(i) appearing on the Register of Companies of Ireland; and

(ii) incorporated within Ireland or another member State;

(b) a political party appearing on the Register of Political Parties of Ireland;

(c) a trade union registered by the Registrar of Friendly Societies of Ireland;

(d) a building society registered by the Central Bank and Financial Services Authority of Ireland;

(e) a limited liability partnership registered by the Registrar of Companies of Ireland;

(f) a friendly society or industrial and provident society registered by the Registrar of Friendly Societies of Ireland;

(g) a trust created in Ireland before 1st November 2007 to which no property has been transferred on or after that date otherwise than by a person who was a permissible donor at the time of the transfer or under the will of a permissible donor;

(h) a trust created in Ireland on or after 1st November 2007—

(i) which was created by a person who was a permissible donor at the time the trust was created or by the will of a permissible donor; and

(ii) to which no property has been transferred otherwise than by a person who was a permissible donor at the time of the transfer or under the will of a permissible donor; and

(i) any unincorporated association of two or more persons which does not fall within any of the preceding paragraphs but which carries on business or other activities wholly or mainly in Ireland and whose main office is there.

(3) In sub-paragraphs (2)(g) and (h) “permissible donor” means a person who falls within section 71B(1)(a) or (b) of the 2000 Act.

Northern Ireland reports

5.  Schedule 1 (which amends the 2000 Act in connection with the recording of donations made to Northern Ireland recipients) has effect.

Minor and consequential amendments

6.  Schedule 2 (minor and consequential amendments) has effect.