Explanatory Note
(This note is not part of the Order)
This Order makes changes to the rules governing the handing in of postal voting documents for local elections in Northern Ireland. Similar changes are made to the rules governing Parliamentary and Assembly elections in a separate instrument (the Representation of the People (Postal Vote Handling etc.) (Amendment) (Northern Ireland) Regulations 2024) (S.I. 2024/319).
Part 2 of this Order amends Schedule 2 to the Local Elections (Northern Ireland) Order 1985 (“the 1985 Order”) (S.I. 1985/454) to set out new procedures which will apply to the handing in of postal voting documents to the returning officer for local elections in Northern Ireland. Persons seeking to hand in postal voting documents to the returning officer will be required to complete a return of postal voting documents form, and their postal voting documents must or may be rejected by the returning officer if certain conditions apply. The amendments made by Part 2 also make provision in relation to postal voting documents which are brought into the offices of the returning officer but are left behind without being handed in. Additionally, they replace the statement as to postal ballot papers in the Appendix to Schedule 2 to the 1985 Order.
Part 3 of this Order amends other electoral legislation relating to local elections in Northern Ireland. Article 9 amends rule 45(2) in Schedule 5 to the Electoral Law Act (Northern Ireland) 1962 (c. 14) (N.I.) to clarify that postal voting documents may be returned by post or by hand and to provide that rejection under the procedures mentioned above has the effect that the postal ballot papers affected are not duly returned. Article 9 also amends Schedule 5 to that Act to replace the following forms used in local elections: declaration of identity, elector’s official postal poll card and proxy’s official postal poll card.
Article 10 amends the Elections Act 2001 (c. 7) to replace form 5A (declaration of identity (combined polls)), which is inserted by paragraph 29(2) of Schedule 1 to that Act into the Appendix of Forms in Schedule 5 to the Electoral Law Act (Northern Ireland) 1962 for the purposes of a combined local and parliamentary election.
Article 11 amends the Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977) to ensure that lists of electors whose postal voting documents have been rejected under the new procedures or left behind are not available for public inspection.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.