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Electoral Law Act (Northern Ireland) 1962

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Valid from 01/04/2010

[F111AProcedures for filling casual vacancies: interpretationN.I.

(1)For the purposes of this Part (other than section 11J(3)) a person (“P”) who is a member of a district council—

(a)stood as an independent when elected if the statement of persons nominated for the purposes of the last election for P's seat showed no description or the description “independent” in respect of P;

(b)stood in the name of a registered party when elected if that statement showed a description of the type mentioned in rule 5A(1A) of the Local Elections Rules in respect of P;

(c)stood in the name of two or more registered parties when elected if that statement showed a description of the type mentioned in rule 5A(1C) of the Local Elections Rules in respect of P.

(2)If P is a member of the district council by virtue of being returned in accordance with section 11D, 11E or 11F, a reference in subsection (1) to the description in respect of P is a reference to the description in respect of the last member elected to the seat at an election.

(3)In this Part—

  • nominating officer”, in relation to a registered party, means the person registered as its nominating officer under the Political Parties, Elections and Referendums Act 2000 in the Northern Ireland register (within the meaning of that Act);

  • registered party” means a party registered under that Act in that register;

  • statement of persons nominated” means the statement of persons nominated published under rule 12 of the Local Elections Rules.

(4)References in this Part to a person being qualified to be returned are to be construed in accordance with sections 3 and 4 of the Local Government Act (Northern Ireland) 1972.]

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