The District Electoral Areas Commissioner (Northern Ireland) Order 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision for the appointment of a District Electoral Areas Commissioner (“DEAC”) in Northern Ireland. In 2008 a Local Government Boundaries Commissioner (“LGBC”) was appointed by the Department of the Environment (Northern Ireland) to make recommendations regarding the boundaries, names and wards of the new 11 local government districts. The wards in those districts, once established, will need grouping into electoral areas for the purposes of elections to those areas using the single transferrable vote form of proportional representation.

Article 2 amends Article 2 of the 1984 Order. This makes provision for the appointment of a DEAC when an LGBC has carried out periodic reviews. Currently the Secretary of State must appoint a DEAC as soon as practicable after an LGBC is appointed. Following the amendments made by this Order, the Secretary of State has a discretion as to when to make the appointment and may make it at any time after an LGBC’s appointment but must, if he or she has not done so already, make it as soon as practicable after an order giving effect to the LGBC’s recommendations is made. The Secretary of State must appoint a replacement DEAC if the DEAC’s appointment comes to an end before he or she has carried out the function of making recommendations as to the grouping of wards into electoral areas. In terms of timing, the Secretary of State is only required to make such a replacement appointment once an order giving effect to the LGBC’s recommendations has been made, and in such a case the Secretary of State must make the appointment as soon as practicable after the making of the order.

Article 2 also amends Article 3 of the 1984 Order which makes provision for the appointment of a DEAC when an LGBC has carried out ad hoc reviews. The amendments have the same effect as the corresponding amendments made to Article 2 of the 1984 Order.

Article 3 makes provision for the appointment of a replacement DEAC following the current review. The Secretary of State must appoint a DEAC as soon as practicable after the coming into force of this Order. If an Order is made under section 50 of the Local Government Act (Northern Ireland) 1972 giving effect to the LGBC’s recommendations before this Order comes into force, the DEAC must make recommendations as to the grouping of wards as soon as practicable after his or her appointment.

A full impact assessment has not been produced for this instrument as no impact on business or the voluntary sectors is foreseen.