Electoral Law Act (Northern Ireland) 1962

130 Interpretation. N.I.

(1) In this Act the expression—

[F1 '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;]

[F2 “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] ;]

[F3 “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, …F4 , councillor or member of a local authority, …F4 , 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 [F5 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) …F6 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[F5 local election means an election in a district electoral area] …F4 ;

Definition rep. by SLR 1976

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

[F5 “election day” has the meaning given in section 11(1) and (1A);]

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

[F7 “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;

[F2 “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;

[F8 “legal incapacity” has the same meaning as in the Elected Authorities (Northern Ireland) Act 1989];

[F9 “local authority” means a district council;]

“local election” and “local elector” mean respectively[F5 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 MinisterF10 and the MinistryF10 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;

[F8 “polling district” means a ward;]

“postal voting area”…F6 , means Great Britain, the Isle of Man, the Channel Islands and the Republic of Ireland…F6 ;

“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 …F11 which by a person…F11 entitles [F12 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;

[F2 “statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954;]

[F13 “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

[F14 (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).]

F15 [(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.

F1 SI 1987/168

F2 1972 NI 13

F3 SI 1995/1948

F4 1972 NI 13

F5 SI 1985/454

F6 1968 c.20 (NI)

F7 SI 2001/417

F8 1989 c. 3

F9 1972 NI 13

F10 Functions transf. to S of S, SI 1973/2163

F11 1969 c.26 (NI)

F12 1969 c.26 (NI)

F13 Words in s. 130(1) 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))

F14 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))

F15 1969 c.26 (NI)