The Local Government Elections (Changes to the Franchise and Qualification of Members) Regulations 1995

Regulation 5(1)

SCHEDULE 1 AMENDMENTS CONSEQUENTIAL UPON THE CHANGES TO THEQUALIFICATION OF MEMBERS

Primary legislation

1.  In section 130(1) (interpretation) of the Electoral Law Act (Northern Ireland) 1962(1), there shall be inserted at the appropriate place:

• ““citizen of the Union” shall be construed in accordance with Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union), and “relevant citizen of the Union” means such a citizen who is not a Commonwealth citizen or a citizen of the Republic of Ireland;”.

2.  In Form 2 (candidate’s consent to nomination) in the Appendix of Forms in Schedule 5 to the said Act of 1962(2), for the words “or a person to whom section 121 of the Electoral Law Act (Northern Ireland) 1962 applies” there shall be substituted “, citizen of the Republic of Ireland or a citizen of another Member State of the European Community”.

Subordinate legislation

3.  At the end of rule 4 (interpretation) of—

(a) the Local Elections (Principal Areas) Rules 1986(3),

(b) the Local Elections (Parishes and Communities) Rules 1986(4), and

(c) the Scottish Local Elections Rules 1986(5),

in each case there shall be inserted:

• “, and “citizen of the Union” shall be construed in accordance with Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union), and “relevant citizen of the Union” means such a citizen who is not a Commonwealth citizen or a citizen of the Republic of Ireland.”.

4.  In the form of candidate’s consent to nomination in the Appendix of Forms in Schedule 2 to each of the Rules of 1986 referred to in paragraph 3(a) and (b) of this Schedule, for the words “or citizen of the Republic of Ireland” there shall be substituted “, a citizen of the Republic of Ireland or a citizen of another Member State of the European Community”.

5.  In the form of nomination paper in the Appendix of Forms in Schedule 2 to the Rules referred to in paragraph 3(c) of this Schedule, for the words from “British” to “Republic” in both places where they occur there shall be inserted “Commonwealth citizen or citizen of the Republic of Ireland or a citizen of another Member State of the European Community”.

(1)

1962 c. 14 (N.I.).

(2)

Schedule 5 was substituted by the Local Elections (Northern Ireland) Order 1985 (S.I. 1985/454).

(3)

S.I. 1986/2214; rule 4 was substituted by S.I. 1990/158. There have been other amendments which are not relevant to these Regulations.

(4)

S.I. 1986/2215, to which there have been amendments which are not relevant to these Regulations.

(5)

S.I. 1986/2213, amended by S.I. 1990/262.