Northern Ireland (Miscellaneous Provisions) Act 2014

5 Statements by prospective members of Assembly

(1) The Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599) is amended as follows.

(2) In article 6 (vacancies filled by substitutes)—

(a) in paragraph (2), for the words from “state in writing” to the end substitute “make a statement of readiness”;

(b) in paragraph (3)—

(i) in sub-paragraph (a)(ii), for the words from “in writing” to “Assembly” substitute “of readiness”;

(ii) in sub-paragraph (b), for “is not willing or able to be so returned” substitute “will not make a statement of readiness,”;

(c) in paragraph (4)—

(i) for “states in writing” substitute “makes a statement of readiness”;

(ii) omit “that he is willing and able to be returned as a member of the Assembly”;

(d) in paragraph (5)—

(i) in the opening words: after “a statement” insert “of readiness”; and omit “that he is willing and able to be returned as a member of the Assembly”;

(ii) in sub-paragraph (a), for “is not willing and able to be so returned” substitute “will not make a statement of readiness”;

(iii) in sub-paragraph (b), for “in writing that he is willing and able to be so returned” substitute “of readiness”;

(e) after paragraph (6) insert—

“(7) In this article and article 6B “statement of readiness” means a statement in writing by a person (“P”)—

(a) that P is willing and able to be returned as a member of the Assembly,

(b) that P is aware of the provisions of the Northern Ireland Assembly Disqualification Act 1975 and section 36 of the Northern Ireland Act 1998, and

(c) that P is, to the best of P’s knowledge and belief, not disqualified for membership of the Assembly.”

(3) In article 6B (vacancies arising during an Assembly term: members of registered parties)—

(a) in paragraph (3), for the words “in writing” to the end substitute “with—

(a) a statement of readiness, or

(b) a statement in writing that he will not make a statement of readiness.”;

(b) for paragraph (4)(a) and (b) substitute—

“(a) does not respond within such period as the Officer considers reasonable with a statement of the kind mentioned in paragraph (3)(a) or (b), or

(b) responds within such a period with a statement of the kind mentioned in paragraph (3)(b).”;

(c) in paragraph (6), for the words from “does” to “Assembly” substitute “responds within such period as the Officer considers reasonable with a statement of the kind mentioned in paragraph (3)(a)”.

(4) Schedule 1 (application with modifications of provisions of the Representation of the People Act 1983 etc) is amended as follows.

(5) In the entry for section 65A (false statements in nomination papers etc), in the second column, insert “For subsection (1B)(c) substitute—

(c) that he is, to the best of his knowledge and belief, not disqualified for membership of the Assembly, or

(d) that he is, to the best of his knowledge and belief, disqualified for membership of the Assembly only under section 1(1)(za) or (db) of the Northern Ireland Assembly Disqualification Act 1975 (disqualification of MPs or members of the Dáil Éireann).”.”

(6) In the entry for rule 8 of the parliamentary elections rules (consent to nomination), in the second column, for the first sentence substitute “For paragraph (3)(b) substitute—

(b) shall state that he is aware of the provisions of the Northern Ireland Assembly Disqualification Act 1975 and section 36 of the Northern Ireland Act 1998; and

(ba) shall state either—

(i) that he is, to the best of his knowledge and belief, not disqualified for membership of the Assembly, or

(ii) that he is, to the best of his knowledge and belief, disqualified for membership of the Assembly only under section 1(1)(za) or (db) of the Northern Ireland Assembly Disqualification Act 1975 (disqualification of MPs or members of the Dáil Éireann); and”.”