The Representation of the People (Northern Ireland) (Amendment) Regulations 2010

SCHEDULE Enabling Powers

These Regulations are made under the following powers:

(a) sections 10A(5)(b), (6), (7) and (9)(1), 53(2) and 201(1) and (3)(3) of, rule 37(1F)(4) of Schedule 1 and paragraphs 1, 5A, 10B, 11, 11A and 12 of Schedule 2(5) to, the Representation of the People Act 1983 (“the 1983 Act”);

(b) having regard to the definition of “prescribed” in section 202(1) of the 1983 Act, section 13BA(3)(6); and

(c) having regard to the definition of “prescribed” in section 202(1) of the 1983 Act and section 27(2) of the Representation of the People Act 1985 (“the 1985 Act”), sections 6(1), 7(1), 9(4), and (8) of the 1985 Act(7).

In the case of the 1983 Act, the provisions cited include those provisions as applied with modifications by section 2(1) of, and Schedule 1 to, the Elected Authorities (Northern Ireland) Act 1989(8).

(1)

Section 10A was inserted by section 8 of, and Schedule 1 to, the Representation of the People Act 2000 (c.2); sub-section (5)(b) was substituted by section 12 of the 2006 Act; and sub-section (9) has been amended by the Political Parties and Elections Act 2009 (c. 12) but those amendments are not yet in force.

(2)

Section 53 was amended by Schedules 4 and 5 to the Representation of the People Act 1985 (c. 50) (“the 1985 Act”) and Schedule 1 to the Representation of the People Act 2000 (c. 2) and sub-section (4) of section 53 was inserted by paragraph 109 of Schedule 1 to the 2006 Act.

(3)

Section 201(1) was amended by paragraph 6(1)and (7)(a) of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c.41) (“2000 Act”) and section 201(3) was inserted by Schedule 1 to the Representation of the People Act 2000 (c. 2) and amended by paragraph 6(1) and (7)(d) of Schedule 21 to the 2000 Act.

(4)

Rule 37(1F) was inserted by section 1 of the Elections (Northern Ireland) Act 1985 (c.2) for Northern Ireland. Rule 37 was substituted for England, Wales and Scotland by section 47 of, and paragraph 75 of Schedule 1 to, the 2006 Act but this substitution does not extend to Northern Ireland (see paragraph 75(2) of Schedule 1 to the 2006 Act).

(5)

The relevant paragraphs of Schedule 2 have been amended as follows: paragraph 1 was amended by Schedule 16 to the Local Government (Wales) Act 1994 (c.19), Schedule 1 to the Representation of the People Act 2000 (c.2), section 6 of the Electoral Fraud (Northern Ireland) Act 2002 (c.13), section 7 of the Northern Ireland (Miscellaneous Provisions) Act 2006 (c.33) and section 33 of the Political Parties and Elections Act 2009 (c. 12) but these latter provisions are not yet in force. Paragraph 5A was inserted by section 11 of , and Schedule 2 to, the 1985 Act and amended by paragraphs 3,11(1) and (2) of Schedule 6 to the Representation of the People Act 2000 (c. 2). Paragraphs 10, 10A, 10B and 11 were substituted for paragraphs 10 and 11 of the Schedule as originally enacted by section 9 of the Representation of the People Act 2000 (c. 2). Paragraph 11A was inserted by Schedule 4 to the 1985 Act and amended by Schedule 15 to the Data Protection Act 1998 (c.29); sub-paragraph (1A) was inserted by section 7 of the Northern Ireland (Miscellaneous Provisions) Act 2006 (c.33). Paragraph 12 was amended by Schedule 6 to the Representation of the People Act 2000 (c. 2); sub-paragraph (aa) of paragraph 12 was inserted by paragraph 94 of Schedule 1 to the 2006 Act.

(6)

Section 13BA(3) was inserted by section 6 of the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33).

(7)

Sections 6(1) and 7(1) were amended for Northern Ireland by section 15 of, and Schedules 6 and 7 to, the Representation of the People Act 2000 (c.2) and by section 3 of the Electoral Fraud (Northern Ireland) Act 2002 (c. 13); paragraphs (4) and (8) of section 9 were amended for Northern Ireland by section 15 of, and Schedules 6 and 7 to, the 2000 Representation of the People Act 2000 (c. 2).

(8)

1989 c.3; Schedule 1 was amended by Schedule 3 to the Representation of the People Act 2000 (c.2), section 7 of the Electoral Fraud (Northern Ireland) Act 2002 (c.13) and Schedule 4 to the Northern Ireland (Miscellaneous Provisions) Act 2006 (c.33).