The Local Elections (Northern Ireland) Order 2023

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes various changes to the rules governing local elections in Northern Ireland. Similar changes are made to the rules governing Parliamentary elections in a separate instrument (the Representation of the People and Recall Petition (Northern Ireland) (Amendment) Regulations 2023). Many of the changes in this Order are required as a result of changes to electoral law made by the Elections Act 2022 (the “2022 Act”).

Article 2 makes an amendment to paragraph 9(1) of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 (S.I. 1985/454) (the “1985 Order”), to remove the requirement for an application for a proxy to provide details of the family relationship between the proxy and the person appointing them. This is required as a result of changes to the rules governing the number of persons for whom a proxy can act (see Schedule 4 to the 2022 Act).

Article 3 amends paragraph 12 of Schedule 2 to the 1985 Order to provide that where a person (including a proxy) applies for a postal vote and requests that their ballot papers are sent to an address which is different from the “normal address” used by the Chief Electoral Officer in Northern Ireland, the Chief Electoral Officer must send to that normal address a confirmation that the ballot papers will be sent to the requested address, or the notification that the application has been refused.

Article 4 inserts a new Schedule 2A into the Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), which is about the disclosure of date of birth lists to the police (paragraph 2) and in response to a court order (paragraph 3). These two new paragraphs include restrictions on further disclosure, breach of which is a criminal offence, as set out in paragraph 4.

Article 5 and Schedules 1, 2 and 3 make changes to the forms used in local elections in Northern Ireland to reflect the changes made by the 2022 Act to the rules on the number of persons for whom a proxy may act and to the acceptable forms of voter identification. Article 6 is a transitional provision which requires a proxy paper form for a proxy appointment made before 5^th March 2024 to reflect the fact that the new rules on proxy appointments do not yet apply.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector or community bodies is foreseen.