Commentary on Sections Regulation of loans Section 63 – Regulation of loans etc: Northern Ireland
375.The provision made for the regulation of loans to political parties, and to individuals and members associations (in the new Part 4A of, and Schedule 7A to, the 2000 Act; as inserted by section 61 of, and Part 6 of Schedule 1 to, this Act respectively) will extend to Northern Ireland (by section 78). Section 63 provides the Secretary of State with an order making power which will enable modifications to be made to the regime as it applies in Northern Ireland. Section 63 also allows the Secretary of State to make modifications that are specific to Northern Ireland to any similar regime created under section 62 regulating loans to election candidates, referendum participants and others.
376.The existing provisions on donations (the 2000 Act, Part 4, Schedule 7) extend to Northern Ireland, but are at present disapplied by an order made under section 70 of the 2000 Act (the Political Parties, Elections and Referendums Act 2000 (Disapplication of Part IV for Northern Ireland Parties etc) Order 2005 (S.I. 2005 / 299)). The position is to be changed by provisions of the Northern Ireland (Miscellaneous Provisions) Bill. The donations regime will be applied in Northern Ireland as from 1st November 2007, but with permanent and temporary modifications. Subsection (1) confers power to modify the loans regime as it applies in Northern Ireland in a way which corresponds to or is similar to the provision made in the Northern Ireland (Miscellaneous Provisions) Bill as regards donations.
377.Subsections (2) to (4) make further provision as to the scope of, and limitations on, this power.
378.Subsection (6) provides that an order made under this power is subject to the affirmative resolution procedure.