Elections Act 2022

Part 3 Amendments in relation to certain elections in Northern Ireland

Electoral Law Act (Northern Ireland) 1962

7 In Schedule 5 to the Electoral Law Act (Northern Ireland) 1962 (local elections rules), in the Appendix of Forms, in form 2 (consent to nomination), for “or a citizen of another Member State of the European Union” substitute “, qualifying EU citizen (within the meaning of section 203A of the Representation of the People Act 1983) or EU citizen with retained rights (within the meaning of section 203B of that Act)”.

Local Government Act (Northern Ireland) 1972

8 In section 3 of the Local Government Act (Northern Ireland) 1972 (qualifications)—

(a) in subsection (1), for “or a relevant citizen of the Union” substitute “or a qualifying EU citizen or an EU citizen with retained rights”;

(b) in subsection (2)—

(i) omit from ““citizen of the Union” shall” to “Ireland; and”;

(ii) after “election” insert “; and “qualifying EU citizen” and “EU citizen with retained rights” have the same meaning as in the Representation of the People Act 1983 (see sections 203A and 203B of that Act).”

Elected Authorities (Northern Ireland) Act 1989

9 (1) The Elected Authorities (Northern Ireland) Act 1989 is amended as follows.

(2) In section 1(1)(c) (local electors in Northern Ireland), for “or a relevant citizen of the Union” substitute “, a qualifying EU citizen or an EU citizen with retained rights”.

(3) In section 10(1) (interpretation)—

(a) omit the definitions of “citizen of the Union” and “relevant citizen of the Union”;

(b) at the appropriate place insert—

• ““qualifying EU citizen” and “EU citizen with retained rights” have the same meaning as in the Representation of the People Act 1983 (see sections 203A and 203B of that Act);”.

(4) In Part 1 of Schedule 1 (provisions of RPA 1983 applied to local elections), at the end insert—

• “Sections 203A and 203B (meaning of “qualifying EU citizen” and “EU citizen with retained rights”).

• Schedule 6A (list of countries for the purposes of section 203A).”

(5) In Part 2 of Schedule 1 (modifications of provisions of RPA 1983 applied to local elections)—

(a) in paragraph 7, before sub-paragraph (2) insert—

“(1A) In section 4(3)(c)—

(a) in sub-paragraph (i), omit “in relation to a local government election in England,”, and

(b) omit sub-paragraph (ii) (and the “or” preceding it).”;

(b) for paragraph 7A substitute—

“7A In section 7B—

(a) references to the United Kingdom are to be read as references to Northern Ireland;

(b) in subsection (3)(e)—

(i) in sub-paragraph (i), omit “in England,”, and

(ii) omit sub-paragraph (ii) (and the “or” preceding it);

(c) in subsection (7)(a)—

(i) in sub-paragraph (i), omit “in England,”, and

(ii) omit sub-paragraph (ii) (and the “or” preceding it).”;

(c) before paragraph 12 insert—

“11A In section 15(5)(a)—

(a) in sub-paragraph (i), omit “in England,”, and

(b) omit sub-paragraph (ii) (and the “or” preceding it).

11B In section 17(1)(c)—

(a) in sub-paragraph (i), omit “in England,”, and

(b) omit sub-paragraph (ii) (and the “or” preceding it).”;

(d) in paragraph 12, for paragraph (b) substitute—

“(b) in subsection (5)—

(i) in the first sentence, omit “, or entered in the list of proxies,”,

(ii) in paragraph (b)(iiia), omit “in England or entered in the list of proxies”, and

(iii) omit paragraph (b)(iv).”

Northern Ireland Act 1998

10 (1) Section 36 of the Northern Ireland Act 1998 (disqualification) is amended as follows.

(2) After subsection (4) insert—

“(4A) A person who is a qualifying EU citizen or an EU citizen with retained rights is disqualified for membership of the Assembly unless the person is resident for the purposes of section 4(3) of the Representation of the People Act 1983 in—

(a) an electoral area in Great Britain, or

(b) a district electoral area in Northern Ireland.”

(3) In subsection (7), for “citizen of the European Union” substitute “qualifying EU citizen or an EU citizen with retained rights”.

(4) After subsection (7) insert—

“(8) In this section, “qualifying EU citizen” and “EU citizen with retained rights” have the same meaning as in the Representation of the People Act 1983 (see sections 203A and 203B of that Act).”

Northern Ireland Assembly (Elections) Order 2001

11 (1) In Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599) (application with modifications of RPA 1983 etc), the table is amended as follows.

(2) In the right-hand column of the entry for section 49 of RPA 1983 (effect of registers), for the existing text substitute “In subsection (5)(b)(iiia), for “a local government elector in England” substitute “an elector””.

(3) After the entry for section 202 of RPA 1983 insert—

“Section 203A (meaning of “qualifying EU citizen”)
Section 203B (meaning of “EU citizen with retained rights”)”.

(4) After the entry for Schedule 4A to RPA 1983 insert—

“Schedule 6A (list of countries for purposes of section 203A)”.