The Local Elections (Northern Ireland) Order 2013

Introductory

Citation, commencement and extent

1.—(1) This Order may be cited as the Local Elections (Northern Ireland) Order 2013 and it comes into force on the day after the day on which it is made.

(2) Subject to paragraph (3), this Order extends to Northern Ireland only.

(3) An amendment made by this Order has the same extent as the enactment (or part of an enactment) amended.

Interpretation

2.—(1) In this Order—

“the 1962 Act” means the Electoral Law Act (Northern Ireland) 1962(1);

“the 1985 Order” means the Local Elections (Northern Ireland) Order 1985(2);

“existing council” means a district council for a local government district established in pursuance of section 1 of the Local Government (Boundaries) Act (Northern Ireland) 1971(3), and “existing councillor” means a member of such a council;

“new council” means a district council for a local government district established in pursuance of section 1 of the Local Government (Boundaries) Act (Northern Ireland) 2008(4), and “new councillor” means a member of such a council.

(2) The Interpretation Act (Northern Ireland) 1954(5) applies to article 1 and this article and the following provisions of this Order, save for article 9, as it applies to an Act of the Assembly.

Changes to the law on local elections

Date of local elections and voters waiting at polling station at close of poll

3.—(1) The 1962 Act is amended as follows.

(2) In section 11 (election and term of office of district councils)(6), for subsections (1) and (1A) substitute—

“(1) A local election year as respects any district council is 2014 and 2019 and every fourth year thereafter.

(1A) The election day as respects any district council is—

(a) in the year 2014, 22nd May;

(b) in any other local election year, the first Thursday in May.”.

(3) In section 130 (interpretation)(7), in subsection (1), in the definition of “election day” for “section 11(1) and (1A)” substitute “section 11(1A)”.

(4) In Schedule 5 (local elections rules), in rule 34 (voting procedure)(8), after paragraph (1) insert—

“(1A) A voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting is (despite the close of the poll) entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter accordingly.”.

Temporary modifications to facilitate transition from the existing councils to the new councils

Temporary modifications relating to the continuation of existing councils

4.—(1) Existing councillors shall retire together on 1st April 2015.

(2) In relation to an existing council and existing councillors, the 1962 Act applies with the following modifications.

(3) In section 11 (election and term of office of members of district councils)—

(a) subsection (2)(c) does not apply;

(b) subsection (3) applies as if—

(i) for the words “in any district council area” there were substituted “to a district council for a local government district established in pursuance of section 1 of the Local Government (Boundaries) Act (Northern Ireland) 2008”, and

(ii) for the words “the provisions of subsection (2) relating to the retirement of members” there were substituted “article 4(1) of the Local Elections (Northern Ireland) Order 2013”; and

(c) subsection (4) applies as if for the words “in any local election year” to the end there were substituted—

“on or after 1st January 2015, be deemed to have been caused by the expiry of the normal term of office, and in any other case shall be filled in accordance with subsection (4A).”.

(4) Section 11K applies as if—

(a) in subsection (1)(b), for “the first day” to the end there were substituted “1st January 2015”;

(b) in subsection (2), for “the day on which” to the end there were substituted “1st January 2015”; and

(c) in subsection (3), the words “and accordingly” to the end were omitted.

(5) Section 28(7) (preparation and publication of registers)(9) applies as if for the words “the election day” to the end there were substituted “1st April 2015”.

Temporary modifications relating to the first election of new councils

5.—(1) The following modifications apply for the purposes of elections to a new council under section 11(2)(a) of the 1962 Act in the local election year 2014.

(2) Section 23 of the 1962 Act (remuneration and expenses of Chief Electoral Officer and other persons at local election)(10) applies as if in subsection (4), for the words “local authority by which such expenses are to be paid” there were substituted “the statutory transition committee, established under the Local Government (Statutory Transition Committees) Regulations (Northern Ireland) 2013(11), in relation to the local authority concerned”.

(3) Article 9 of the Electoral Law (Northern Ireland) Order 1972(12) applies as if for paragraph (2) there were substituted—

“(2) The deputy returning officer for an election to a district council—

(a) is to be a person appointed for that purpose by the statutory transition committee for that council established under the Local Government (Statutory Transition Committees) Regulations (Northern Ireland) 2013; and

(b) must perform, on behalf of the Chief Electoral Officer, such functions in relation to those elections as shall be delegated to him by the Chief Electoral Officer.

(2A) The appointment mentioned in paragraph (2)(a) must be made in consultation with the Electoral Commission.”.

Temporary modifications relating to the designation of polling stations

6.—(1) The Electoral Law (Polling Station Scheme) (Northern Ireland) Regulations 2010(13) apply to the publication of a draft scheme under section 65(1A) of the 1962 Act in 2014 with the following modifications.

(2) In regulation 5 (publication of draft scheme), paragraph (1) applies as if for the words “on or before 1st December in a draft scheme year” there were substituted “as soon as practicable after 1st February 2014”.

(3) In regulation 7 (objections or proposals), paragraph (2) applies as if for the words “at least twelve weeks” there were substituted “a reasonable period in all the circumstances”.

Temporary modifications relating to the appointment of the Drainage Council

7.  Paragraph 3(1) of Schedule 1 to the Drainage (Northern Ireland) Order 1973(14) applies to the appointment of members of the Drainage Council in 2015 as if for the words “the date on which a local general election is held in that year under section 11(2) of the Electoral Law Act (Northern Ireland) 1962” there were substituted “1st April 2015”.

Temporary modifications relating to casual vacancies in new councils and existing councils

8.—(1) The following provisions apply during the period beginning on the fourth day after the election day (within the meaning of section 11(1A) of the 1962 Act) in 2014 and ending on 31st March 2015.

(2) Where a casual vacancy (within the meaning of section 11(4) of the 1962 Act) arises in an existing council, any reference in the 1962 Act to a district council or a local authority must be taken for the purpose of filling that vacancy as referring to the existing council.

(3) Where a casual vacancy (within the meaning of section 11(4) of the 1962 Act) arises in a new council, any reference in the 1962 Act to a district council or a local authority must be taken for the purpose of filling that vacancy as referring to the new council.

Changes consequential on Northern Ireland legislation on local government boundaries

Consequential changes to polling districts and places for parliamentary elections

9.—(1) The Representation of the People Act 1983(15) is amended as follows.

(2) In section 18A (polling districts at parliamentary elections)(16)—

(a) in the heading, at the end insert “: Great Britain”; and

(b) after subsection (5) insert—

“(6) This section does not apply to Northern Ireland.”.

(3) After section 18A insert—

“Polling districts at parliamentary elections: Northern Ireland

18AA.— (1) Every constituency in Northern Ireland is to be divided into polling districts.

(2) The Secretary of State must—

(a) divide Northern Ireland into polling districts for the purpose of parliamentary elections, and

(b) keep the polling districts under review.

(3) The Secretary of State must seek to ensure that all electors in Northern Ireland have such reasonable facilities for voting as are practicable in the circumstances.

(4) Before dividing Northern Ireland into polling districts under subsection (2)(a) or completing a review under subsection (2)(b), the Secretary of State must consult—

(a) the Electoral Commission, and

(b) any other person the Secretary of State considers appropriate.

(5) If an alteration of polling districts is made under this section—

(a) the Chief Electoral Officer for Northern Ireland must make such adaptations of the registers of parliamentary electors maintained by that officer as are necessary to take account of the alteration, and

(b) the alteration is effective on the date on which the Chief Electoral Officer publishes a notice stating that the adaptations have been made.”.

(4) In section 18C (review of polling districts and places)—

(a) in the heading, at the end insert “: Great Britain”; and

(b) after subsection (6) insert—

“(7) This section does not apply to Northern Ireland.”.

(5) After section 18C insert—

“Review of polling places: Northern Ireland

18CA.— (1) The Chief Electoral Officer for Northern Ireland must, during each compulsory review year, carry out and complete a review under section 18B of all the polling places in Northern Ireland.

(2) The compulsory review years are 2014 and every fifth year after that.

(3) Subsection (1) does not prevent the Chief Electoral Officer carrying out a review under section 18B of some or all of the polling places in Northern Ireland at other times.

(4) Subsection (1) does not require the Chief Electoral Officer to carry out and complete a review of all the polling places in Northern Ireland during a compulsory review year if reviews under section 18B of all those polling places are completed during the previous year.

(5) Schedule A1, except paragraphs 2 and 3, has effect in relation to a review under section 18B of polling places in Northern Ireland.”.

(6) In section 18E (sections 18A to 18D: supplemental)—

(a) in subsection (3), after paragraph (c) insert—

“(d) in relation to Northern Ireland, the Chief Electoral Officer for Northern Ireland.”;

(b) omit subsection (4).

Changes to the law on local elections when combined with European Parliamentary elections

Combination of polls

10.—(1) Where the poll at a local election is taken together with the poll at a European Parliamentary election (under section 15(1) or (2) of the Representation of the People Act 1985(17)), Schedule 5 to the 1962 Act (local elections rules) and Part 3 of Schedule 2 to the 1985 Order (issue and receipt of ballot papers) have effect subject to the modifications in the Schedule.

(2) Paragraph (1) does not apply when the poll at a local election is taken together with the poll at a parliamentary election.

Richard Tilbrook

Clerk of the Privy Council