Elected Authorities (Northern Ireland) Act 1989

SCHEDULES

Section 2.

SCHEDULE 1 N.I. Application and modification of Representation of the People Act 1983

Modifications etc. (not altering text)

C1 Sch. 1 applied (9.7.2003) by The Local and European Parliamentary Elections (Registration of Citizens of Accession States) Regulations 2003 (S.I. 2003/1557), reg. 4 (subject to reg. 2)

Part I N.I. Provisions applied

Section 3(1) and (2) (disfranchisement of offenders in prison, etc.).

Section 4(2) (qualifying date).

Sections 5 to 7 (residence and patient’s declarations).

Sections 9 to 13 (registers of electors, right to be registered and publication of registers).

Sections 14 to 17 (service qualifications and service declarations).

Sections 49 and 50 (effect of registers and of misdescription).

Section 53 and, in Schedule 2, paragraphs 1(2), 3, 4 to 11A and 13 (regulations as to registration).

Section 54(2) to (4) (expenses of registration).

Section 56(1) and (3) to (5) (registration appeals).

Section 59 (supplemental provisions as to members of forces, etc.).

Section 62 (offences as to declarations).

Section 201 (regulations) and, in section 202(1), the definition of “prescribed”.

Part II N.I. Modifications

General N.I.

1 N.I. References to local government elections are to be read as references to local elections.

2 N.I. References to section 2 (local government electors in Great Britain) are to be read as references to section 1 of this Act and references to Part I (Parliamentary and local government franchise and its exercise) include section 1 of this Act.

3 N.I. References to the registration officer are to be read as references to the Chief Electoral Officer for Northern Ireland.

4 N.I. References to local government electors are to be read as references to local electors.

5 N.I. References to legal incapacity are to legal incapacity within the meaning of this Act.

6 N.I. References to any other provision mentioned in Part I of this Schedule are to that provision as modified by this Part.

Specific N.I.

7 In section 4(2), for “a parliamentary” there is substituted “an”.

Yn ddilys o 29/01/2001

[F1 7A N.I. In section 7B references to the United Kingdom are to be read as references to Northern Ireland.]

Textual Amendments

F1 Sch. 1 Pt. II paras. 7, 7A substituted for para. 7 (29.1.2001 for specified purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 4(2); S.I. 2001/116, art. 2(1)(2)

8 N.I. In section 9, for subsection (1)(b) there is substituted—

“(b) a register of local electors for each district.”

Prospective

F2 8A N.I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 1 para. 8A omitted (1.10.2014) by virtue of Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 16(2)(a), 28; S.I. 2014/2613, art. 2(2)(c)

9 In section 12, the reference in subsection (2)(b) to any enactment includes an enactment comprised in Northern Ireland legislation.

10 In section 13—

(a) in subsection (1) “or, in Northern Ireland, of parliamentary electors” is omitted,

(b) in subsection (2) “parliamentary” is omitted, and

(c) in subsection (4) the reference to the Representation of the People Acts includes section 1 of this Act.

11 In section 14, the reference in subsection (2) to section 1(2) includes section 1(1)(a) of this Act.

12 N.I. In section 49—

(a) in subsection (2), in paragraph (b) the reference to a local government area is to be read as a reference to a district and at the end of that subsection there is inserted—

“(c) whether or not a person registered as an elector in a district was during the whole of the period of three months ending on the qualifying date resident in Northern Ireland”, and

(b) in subsection (5) “or entered in the list of proxies” is omitted.

13 N.I. In section 50, for paragraph (c) there is substituted—

“(c) in any list, notice or other document required for the purposes of this Part of this Act”.

14 In section 53—

(a) in subsection (1)(a) the words from “or any” to the end are omitted,

(b) in subsection (1)(b) for the words from “the electors lists” to “above” there is substituted “and the electors lists”, and

(c) in subsection (1)(c) “or to voting by post or proxy” is omitted.

15 N.I. In section 54, in subsections (3) and (4) paragraph (a) is omitted.

16 In section 56—

(a) subsection (1)(b), and

(b) in subsection (4) the words from the beginning to “and”,

are omitted.

17 N.I. In section 59, in subsection (3)(a) the words from “and of” to the end are omitted.

18 N.I. In Schedule 2—

(a) in paragraph 5(2) “or with his appointment as a proxy”,

(b) paragraph 5A, and

(c) in paragraph 13(1)(a) “or paragraph 2”,

are omitted.

Sections 3, 4 and 5.

SCHEDULE 2 N.I. Declaration against terrorism

Part I N.I. Form for inclusion in consent to nomination

I declare that, if elected, I will not by word or deed express support for or approval of—

(a)

any organisation that is for the time being a proscribed organisation specified in [F3 Schedule 2 to the Northern Ireland (Emergency Provisions) Act 1991]; or

(b)

acts of terrorism (that is to say, violence for political ends) connected with the affairs of Northern Ireland.

Textual Amendments

F3 Words in Sch. 2 substituted (27.8.1991) by Northern Ireland (Emergency Provisions) Act 1991 (c. 24, SIF 39:1), ss. 69(1), 70(3), Sch. 7 para. 4(3).

Part II N.I. Form for use in case of district councillor chosen to fill casual vacancy

I, (name in full) , of (home address in full) declare that, if I am chosen to be a councillor for the District of (name of district) , I will not by word or deed express support for or approval of—

(a)

any organisation that is for the time being a proscribed organisation specified in [F4 Schedule 2 to the Northern Ireland (Emergency Provisions) Act 1991]; or

(b)

acts of terrorism (that is to say, violence for political ends) connected with the affairs of Northern Ireland.

Signed

Date

Textual Amendments

F4 Words in Sch. 2 substituted (27.8.1991) by Northern Ireland (Emergency Provisions) Act 1991 (c. 24, SIF 39:1), ss. 69(1), 70(3), Sch. 7 para. 4(3).

Section 11.

SCHEDULE 3 N.I. Repeals and revocations

Part I N.I. Northern Ireland legislation repealed

Chapter	Short Title	Extent of repeal
1962 c. 14 (N.I.)	Electoral Law Act (Northern Ireland) 1962.	Part I.
		Section 14(4)(b).
		In sections 14A(4) and 14B the words “out of moneys hereafter appropriated for the purpose of meeting such expenses”.
		Section 15(1).
		Section 21(5), (6), (9) and (10).
		Section 28(1) to (6).
		Section 29(1) and (6).
		Sections 31 and 32.
		Section 121.
		In section 130(1), the definitions of “publication year”, “Registration Rules” and “registration year”.
		Schedule 1.
		Schedule 3.
		In Schedule 9, paragraph 24, in paragraph 25 the words “or the registration of electors” and paragraph 33.
1968 c. 20 (N.I.)	Electoral Law Act (Northern Ireland) 1968.	Sections 3 and 4.
		Schedule 2.
1969 c. 26 (N.I.)	Electoral Law Act (Northern Ireland) 1969.	In section 2, in subsection (1) the words from “and if” to “qualifying date”, and subsections (2) and (4).
		In Schedule 1, all the entries except those relating to sections 67 and 130(1) of, and Schedules 7 and 9 to, the Electoral Law Act (Northern Ireland) 1962.
1971 c. 4 (N.I.)	Electoral Law Act (Northern Ireland) 1971.	Section 2(1)(c) and (d)(i) and (2).
S.I.1972/1264 (N.I.13)	Electoral Law (Northern Ireland) Order 1972.	Article 7(1) to (6) and, in Article 7(7), the words from the beginning to “and”.
		In Schedule 2, the entries relating to sections 21 (except subsection (8)) and 28 of and Schedule 3 to the Electoral Law Act (Northern Ireland) 1962.

Part II N.I. Subordinate legislation revoked

Year and Number	Title	Extent of Revocation
S.R.(N.I.) 1980/354	Electoral Law (Registration Rules) (Variation No.2) Order (Northern Ireland) 1980.	The whole Order.
S.R.(N.I.) 1985/333	Electoral )Law (Registration Rules) (Variation Order (Northern Ireland) 1985.	The whole Order.
S.R.(N.I.) 1986/194	Electoral Law (Registration Rules) (Variation) Order (Northern Ireland) 1986.	The whole Order.