Electoral Law Act (Northern Ireland) 1962

PART XI N.I. MISCELLANEOUS AND GENERAL

S.121 rep. by 1989 c. 3

122 Effect of incapacities with respect to the Parliament of the United Kingdom. N.I.

(1) So long as any person is subject, by virtue of the Representation of the People Acts, to any incapacity with respect to the Parliament of the United Kingdom, he shall be subject to the like incapacity with respect to the [F1 Assembly.]

(2) Where by reason of anything done in reference to an election a person is subject to an incapacity with respect to the Parliament of the United Kingdom and the incapacity is limited to a particular constituency or constituencies then the like incapacities imposed by this section with respect to the [F1 Assembly] shall be limited to any constituency which is included in whole or in part in the area for which the said election was held.

F1 SI 1973/2163

[F2 122A Translations etc. of certain documents N.I.

(1) Subsections (2) and (3) apply to any document which by virtue of this Act is required or authorised to be given to voters or displayed in any place for the purposes of a local election.

(2) The person who is required or authorised to give or display the document must, as he or she thinks appropriate, give or display or otherwise make available in such form as he or she thinks appropriate—

(a) the document in Braille;

(b) the document in languages other than English;

(c) graphical representations of the information contained in the document;

(d) other means of making the information contained in the document accessible to persons who might not otherwise have reasonable access to the information.

(3) For the purposes of subsection (2)(b) any question as to whether a person is to give or display or otherwise make available a document in a language other than English is to be decided by the returning officer.

(4) The person required or authorised to give or display the document must also, as he or she thinks appropriate, make available the information contained in the document in such audible form as that person thinks appropriate.

(5) Subsections (2) and (4) do not apply to—

(a) the nomination paper; or

(b) the ballot paper.

(6) The returning officer may cause to be displayed at every polling station in the election an enlarged sample copy of the ballot paper.

(7) The sample copy mentioned in subsection (6)—

(a) must have printed the words “Vote for as many candidates as you wish in order of preference” both at the top and immediately below the list of candidates; and

(b) may include a translation of those words into such other languages as the returning officer thinks appropriate.

(8) The returning officer must provide at every polling station in the election an enlarged hand-held sample copy of the ballot paper for the assistance of voters who are partially sighted.

(9) The sample copy mentioned in subsection (8) must be clearly marked as a specimen provided only for the guidance of voters.]

F2 S. 122A inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 41 (with art. 1(3))

123 Publication of notices and documents. N.I.

(1) Where by or under this Act a person is required to give public notice of any matter or to publish any document and the method of giving such notice or publishing such document is not specifically provided for, the notice shall be given and the document shall be published by such means and in such manner as the person so required considers necessary and adequate for bringing the matter or document to the knowledge of those whom it concerns.

(2) Failure to publish a document in accordance with the provisions of this Act shall not invalidate the document but this provision shall not relieve any officer from any penalty to which he may be liable by virtue of such failure.

124 Misnomer, inaccurate description, etc. N.I.

Subject to any enactment or established practice of law to the contrary, no misnomer or inaccurate description of any person or place named in a register of electors or in any list, record, proxy paper, nomination paper, ballot paper, notice or other document required for the purposes of this Act shall affect the full operation of the document with respect to that person or place in any case where the description of the person or place is such as to be commonly understood.

125 Use of mark in place of signature. N.I.

Where a signatory affixes his mark in place of any signature required by or under this Act, such mark shall be witnessed by one person who shall append his signature and address.

126 Amendment of forms in Tenth Schedule. N.I.

The forms contained in the Tenth Schedule may be varied by an Order in Council; but the Governor shall not be advised to make any such Order unless a draft thereof (which shall be subject to negative resolution) has been laid before Parliament.

S.126A rep. by 1969 c.26 (NI)

127 Electoral regulations. N.I.

(1) Without prejudice to section seventeen of the Interpretation Act (Northern Ireland), 1954 [1954 c.33] , the Ministry may by electoral regulations make provision—

(a) for anything which under this Act is to be prescribed;

(b) for anything which appears to the Ministry to be necessary for giving full effect to the provisions of this Act; and

(c) subject to any enactment of the Parliament of the United Kingdom for the time being in force, for the making of arrangements whereby—

(i) registers prepared for the purposes of any such enactment may be utilised for the purposes of this Act;

(ii) registers prepared for the purposes of this Act may be adapted and utilised for the purposes of any such enactment.

(2) All regulations made under this Act shall be made by the Ministry and shall be subject to negative resolution.

128 Financial provisions. N.I.

All expenses incurred by the Ministry and by the Ministry of FinanceF3 for the purposes of this Act and not otherwise provided for under this Act shall be defrayed out of moneys provided by [F4 the Parliament of the United Kingdom].

F3 Now Treasury and Minister for Civil Service, SI 1973/2163

F4 SI 1973/2163

129

Without prejudice to sub-section (4) of section thirty-nine of the Interpretation Act (Northern Ireland), 1954, in computing any period of not more than seven days for the purposes of Parts VI and IX, a Sunday or a public holiday shall be disregarded.

[F5 In respect of a local election and an election petition relating to a local election the foregoing provisions shall not have effect and any period of time shall be computed as follows:

(a) where the day or the last day on which anything is required or permitted to be done by or in pursuance of Parts VI and IX is any of the days mentioned in paragraph (b), the requirement or permission shall be deemed to relate to the first day thereafter which is not one of those days; and in computing any period of not more than 7 days for the purposes of those Parts any of the days so mentioned shall be disregarded;

(b) the days referred to in paragraph (a) are Saturday, Sunday, Christmas Eve F6 . . . or a public holiday.]

F5 SI 1987/168

F6 Words in s. 129(b) omitted (16.12.2010) by virtue of Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 42 (with art. 1(3))

130 Interpretation. N.I.

(1) In this Act the expression—

[F7 'absent voters list' means, in relation to any local election, the list kept under paragraph 2(4) of Part I of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 (as substituted by Schedule 2 to the Local Elections (Northern Ireland) (Amendment) Order 1987) for that election;]

[F8 “Chief Electoral Officer” means the Chief Electoral Officer for Northern Ireland appointed under section 14 and, in relation to any function, includes a person to whom that function is delegated under section 14A(2) of this Act or Article 9(2) of the Electoral Law (Northern Ireland) Order 1972 [1972 NI 13] ;]

[F9 “citizen of the Union” shall be construed in accordance with Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union), and “relevant citizen of the Union” means such a citizen who is not a Commonwealth citizen or a citizen of the Republic of Ireland;]

“Clerk of the Crown” means Clerk of the Crown for Northern Ireland;

“committee room” shall not include any house or room occupied by the candidate as a dwelling, by reason only of the candidate there transacting business with his agents in relation to the election, and no room or building shall be deemed to be a committee room by reason only of the candidate or any agent of the candidate addressing therein electors, committeemen or others;

Definition rep. by 1969 c.26 (NI)

“constituency” means a parliamentary constituency as designated in the Second Schedule;

“corporate office” means the office of lord mayor, mayor, chairman, …F10 , councillor or member of a local authority, …F10 , or member (whether elected or not) of any committee appointed by a local authority for the purpose of the performance of their functions under any enactment;

“costs” includes charges and expenses;

“the count” means the counting of the votes given to the several candidates at a contested election;

“current” , in relation to a register at any time, means operative at that time, and in relation to any election “current register means the register or part of the register in force for the constituency [F11 or district electoral area for which the election is being held];

“day of election” in relation to a parliamentary election—

(a) where the election is contested, means—

Sub-para.(i) rep. by 1968 c.20 (NI)

(ii) …F12 the polling day;

(b) where the election for any constituency is not contested, means the nomination day for that constituency;

“deposit” means, in relation to any candidate, the sum required by section sixty to be deposited with the returning officer by that candidate;

“election” includes a parliamentary and a local election and in relation to a parliamentary election means an election in a constituency and in relation to a[F11 local election means an election in a district electoral area] …F10 ;

Definition rep. by SLR 1976

“election court” means such a court as is referred to in section seventy-two;

[F11 “election day” has the meaning given in section 11(1) and (1A);]

“electors” means registered electors, and includes parliamentary electors and local electors;

[F13 “elective office” means any office to which a local election is held in Northern Ireland;]

“functions” means functions conferred by this Act;

“general election” means an election of members to serve in a new parliament;

[F8 “local general election” means a local election held in a local election year not being an election to fill a casual vacancy;]

“judicial office” includes the office of justice of the peace;

[F14 “legal incapacity” has the same meaning as in the Elected Authorities (Northern Ireland) Act 1989];

[F15 “local authority” means a district council;]

“local election” and “local elector” mean respectively[F11 an election in a district electoral area for a] local authority, and a person entitled to vote at a local election;

“local election year” means a year specified in section eleven;

“Local Elections Rules” means the local elections rules in the Fifth Schedule;

“local government electoral area” means the area for which a local authority is or is to be elected;

“merchant seaman” means a person (other than a pilot) whose usual place of residence is in Northern Ireland and who is employed in any capacity on board any ship;

“Minister” and “Ministry” mean respectively the MinisterF16 and the MinistryF16 of Home Affairs;

“nomination day”, in relation to any election, means the day on which candidates at that election may be nominated under this Act;

“parliamentary election” and “parliamentary elector” mean respectively an election in a constituency of a member or members to serve in the House of Commons, and a person entitled to vote at a parliamentary election;

“Parliamentary Elections Rules” means the parliamentary elections rules in the Fourth Schedule;

“payment” includes any pecuniary or other reward; and “pecuniary reward” and “money” shall be deemed to include any office, place, or employment and any valuable security or equivalent for money, and any valuable consideration, and expressions referring to money shall be construed accordingly;

“personal expenses”, in relation to the expenditure of any candidate in connection with any election, includes the reasonable travelling expenses of that candidate, and the reasonable expenses of his living at hotels and elsewhere for the purposes of and in relation to the election;

“polling day”, in relation to a contested election, means the day on which the poll is or is to be taken at that election;

[F14 “polling district” means a ward;]

“postal voting area”…F12 , means Great Britain, the Isle of Man, the Channel Islands and the Republic of Ireland…F12 ;

“prescribed” means prescribed by electoral regulations under section one hundred and twenty-seven;

“proxy” means a person duly appointed under section sixty-seven by an elector;

Definition rep. by SI 2001/417

Definition rep. by 1989 c. 3

“qualifying address” means a dwelling-house or premises the residence in …F17 which by a person…F17 entitles [F18 him to be] registered as an elector;

“register” means a register of electors prepared in accordance with this Act;

Definitions rep. by 1989 c. 3

“relevant rules” means, as the context requires, the parliamentary elections rules or the local elections rules respectively set out in the Fourth and Fifth Schedules;

“service elector” means an elector registered by virtue of a service qualification;

“Speaker” means the Speaker of the House of Commons and includes the Deputy Speaker and, when the office of Speaker is vacant, the Clerk of the Parliaments or any other officer for the time being performing the duties of the Clerk of the Parliaments;

[F8 “statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954;]

[F19 “universal service provider” has the same meaning as in the Postal Services Act 2000;]

Definitions rep. by 1968 c.20 (NI); 1969 c.26 (NI); 1972 NI 13

“vehicle” includes any vehicle or carriage intended or adapted for use on roads;

“voter” includes an elector and a proxy for an elector;

“voting” includes voting in person and by post (whether on one's own behalf or as a proxy);

“writ” means a writ for a parliamentary election.

Subs.(2) rep. by 1972 NI 13

[F20 (3) In Parts 6, 9 and 10 and Schedules 8 and 9 the expression “candidate” in relation to a local election (except where the context otherwise requires) is to be construed in accordance with subsection (3A).

(3A) A person (“P”) becomes a candidate at a local election—

(a) on the last day for publication of the notice of the election if on or before that day P is declared by himself or herself or by others to be a candidate at the election, and

(b) otherwise, on the day on which P is so declared by himself or herself or by others or on which P is nominated as a candidate at the election (whichever is the earlier).]

F21 [(4) For purposes of this Act, a person shall be deemed, according to the law in Northern Ireland, not to have attained a given age until the commencement of the relevant anniversary of the day of his birth.]

(5) The date on which an election shall be taken to be initiated shall be—

(a) in the case of a parliamentary general election, the date of the Proclamation of the Governor in Her Majesty's name summoning a new parliament;

(b) in the case of a parliamentary bye-election, the date on which the writ is received; and

(c) in the case of a local election, the date of publication of the notice of election.

F7 SI 1987/168

F8 1972 NI 13

F9 SI 1995/1948

F10 1972 NI 13

F11 SI 1985/454

F12 1968 c.20 (NI)

F13 SI 2001/417

F14 1989 c. 3

F15 1972 NI 13

F16 Functions transf. to S of S, SI 1973/2163

F17 1969 c.26 (NI)

F18 1969 c.26 (NI)

F19 S. 130(1): definition of “universal service provider” inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 43(2) (with art. 1(3))

F20 S. 130(3)(3A) substituted (16.12.2010) for s. 130(3) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 43(3) (with art. 1(3))

F21 1969 c.26 (NI)

131 Savings. N.I.

Subs.(1) rep. by SLR 1973

(2) Without prejudice to the provisions of the Interpretation Act (Northern Ireland), 1954 [1954 c.33] , nothing in sub-section (1) shall—

(a) affect any incapacity imposed by or under any enactment repealed by this Act and any such incapacity shall for the purposes of this Act be treated as having been imposed under the corresponding provisions of this Act;

(b) extend to any enactment so far as it is applied by any local or private Act.

132 Short title. N.I.

(1) This Act may be cited as the Electoral Law Act (Northern Ireland), 1962.

Subs.(2) rep. by SLR 1973