Electoral Law Act (Northern Ireland) 1962

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Act applied by 2022 c. 37 Sch. 11 para. 5(3)

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 11(1A)(aa) inserted by S.I. 2023/290 art. 2(2)
s. 39(3)(ca) inserted by 2022 c. 37 s. 22(2)
s. 42(1ZC) inserted by S.I. 2019/564 art. 2
s. 46(3)(ca) inserted by S.I. 2019/564 art. 3
s. 52B(1A) inserted by 2022 c. 37 s. 20(7)
s. 79(1A) inserted by S.I. 2014/1116 art. 6(2)
s. 96(3A)(ba) inserted by 2022 c. 37 Sch. 6 para. 2(b)
s. 105(9) inserted by 2023 c. 32 Sch. 1 para. 1(2)
s. 106(1A) inserted by 2023 c. 32 Sch. 1 para. 1(3)
s. 108(5) inserted by 2023 c. 32 Sch. 1 para. 1(4)
s. 111(2A)(ca) inserted by 2023 c. 12 s. 2(1)(a)
s. 111(2B) inserted by 2023 c. 32 Sch. 1 para. 1(5)
s. 112(1A)(ba) inserted by 2022 c. 37 Sch. 6 para. 4(b)
s. 118(4) inserted by 2023 c. 32 Sch. 1 para. 1(7)
Sch. 9 para. 5ZA and cross-heading inserted by 2022 c. 37 Sch. 6 para. 25
Sch. 9 para. 12A(1A) inserted by 2022 c. 37 Sch. 6 para. 26(2)
Sch. 9 para. 12A(6A) inserted by 2022 c. 37 Sch. 6 para. 26(5)
Sch. 9 para. 27(3A)-(3F) inserted by 2022 c. 37 Sch. 6 para. 27(3)
Sch. 9 para. 27(5)(6) inserted by 2022 c. 37 Sch. 6 para. 27(4)
Sch. 9 para. 26A inserted by 2023 c. 12 s. 2(1)(b)
Sch. 1 Appendix Form 3 substituted by S.I. 2015/566 art. 2(5) Sch. 1
Sch. 2 Appendix Form 4 substituted by S.I. 2015/566 art. 2(6) Sch. 2
Sch. 3 Appendix Form 5 substituted by S.I. 2015/566 art. 2(7) Sch. 3
Sch. 3A para. 10(1) Sch. 3A para. 10 renumbered as Sch. 3A para. 10(1) by S.I. 2014/1116 art. 6(4)(a)
Sch. 3A para. 10(2) inserted by S.I. 2014/1116 art. 6(4)(a)
Sch. 3B para. 13 inserted by S.I. 2019/564 art. 4
Sch. 4 Appendix Form 6 substituted by S.I. 2015/566 art. 2(8) Sch. 4
Sch. 5 rule 26 amendment to earlier affecting provision 2001 c. 7 Sch. para. 19 by S.I. 2014/1116 art. 9(5)
Sch. 5 Appendix of Forms form 5 asterisk and words inserted by S.I. 2014/1116 art. 6(16)(b)
Sch. 5 Appendix of Forms form 5 asterisk inserted by S.I. 2014/1116 art. 6(16)(a)
Sch. 5 rule 10(2)(c) inserted by 2022 c. 37 Sch. 10 para. 1(2)
Sch. 5 rule 16B and cross-heading inserted by 2022 c. 37 Sch. 6 para. 9
Sch. 5 rule 22(5) inserted by 2022 c. 37 Sch. 6 para. 10
Sch. 5 rule 26(3)(f) inserted by 2022 c. 37 Sch. 6 para. 12(2)
Sch. 5 rule 26(3B)-(3E) inserted by 2022 c. 37 Sch. 6 para. 12(4)
Sch. 5 rule 32(2A) inserted by 2022 c. 37 Sch. 6 para. 13(4)
Sch. 5 rule 32(6) inserted by 2022 c. 37 Sch. 6 para. 13(6)
Sch. 5 rule 34(2A) inserted by 2022 c. 37 Sch. 6 para. 14(3)
Sch. 5 rule 34(5A)-(5C) inserted by 2022 c. 37 Sch. 6 para. 14(7)
Sch. 5 rule 34(6)(ka) inserted by 2022 c. 37 Sch. 6 para. 14(8)(d)
Sch. 5 rule 34(6)(m) inserted by 2022 c. 37 Sch. 6 para. 14(8)(e)
Sch. 5 rule 34(6B)(6C) inserted by 2022 c. 37 Sch. 6 para. 14(9)
Sch. 5 rule 41(1)(db) inserted by 2022 c. 37 Sch. 6 para. 19
Sch. 5 rule 56A(1A) inserted by 2022 c. 37 Sch. 6 para. 20(3)
Sch. 5 rule 6(8) inserted by S.I. 2014/1116 art. 6(6)
Sch. 5 rule 25(5)(6) inserted by S.I. 2014/1116 art. 6(8)(b)
Sch. 5 rule 37(10) inserted by S.I. 2014/1116 art. 6(10)
Sch. 5 rule 37A inserted by S.I. 2014/1116 art. 6(11)
Sch. 5 Appendix of Forms Form 6A inserted by S.I. 2014/1116 art. 6(17) Sch
Sch. 5 Appendix of Forms Form 7A inserted by S.I. 2014/1116 art. 6(18) Sch
Sch. 5 rule 25(2A) inserted by S.I. 2014/1880 art. 3(2)(b)
Sch. 5 rule 5(5)-(9) inserted by S.I. 2020/635 art. 3(b)
Sch. 5 rule 9(6) inserted by S.I. 2020/635 art. 4(b)
Sch. 5 rule 10(1)(aa) inserted by S.I. 2020/635 art. 5(a)(ii)
Sch. 5 rule 12(2ZA)(2ZB) inserted by S.I. 2020/635 art. 6(b)
Sch. 5 rule 12(3A)-(3E) inserted by S.I. 2020/635 art. 6(c)
Sch. 5 rule 12(4A) inserted by S.I. 2020/635 art. 6(d)
Sch. 5 rule 12A(2)(d) and word inserted by S.I. 2020/635 art. 7(b)(ii)
Sch. 5 rule 56A inserted by S.I. 2020/635 art. 8
Sch. 5 rule 45(2)(c) and word inserted by S.I. 2024/382 art. 9(2)(c)
Sch. 5 rule 37A(10A)(10B) inserted by 2001 c. 7 Sch. para. 24A (as inserted) by S.I. 2014/1116 art. 9(6)
Sch. 5 rule 37A modified by SI 2013/3156 Sch. para. 13A (as inserted) by S.I. 2014/1116 art. 10(3)
Sch. 5 rule 26(5)-(10) omitted by 2022 c. 37 Sch. 6 para. 12(5)
Sch. 5 rule 5(2)(b) omitted by S.I. 2020/635 art. 3(a)(ii)
Sch. 5 rule 5(2A) substituted by 2022 c. 37 Sch. 6 para. 7
Sch. 5 rule 26(3A)(b) substituted by 2022 c. 37 Sch. 6 para. 12(3)
Sch. 5 rule 32(2) substituted by 2022 c. 37 Sch. 6 para. 13(3)
Sch. 5 rule 32(3) substituted by 2022 c. 37 Sch. 6 para. 13(5)
Sch. 5 rule 34 heading substituted by 2022 c. 37 Sch. 6 para. 14(2)
Sch. 5 rule 10(4)(4A) substituted for Sch. 5 rule 10(4) by S.I. 2020/635 art. 5(c)
Sch. 5 rule 5(2)(a) word inserted by S.I. 2020/635 art. 3(a)(i)
Sch. 5 rule 12A(2)(b) word omitted by S.I. 2020/635 art. 7(b)(i)
Sch. 5 rule 45(2)(a) word omitted by S.I. 2024/382 art. 9(2)(b)
Sch. 5 rule 26(6) word substituted by S.I. 2015/566 art. 2(3)(a)
Sch. 5 rule 26(7) word substituted by S.I. 2015/566 art. 2(3)(b)
Sch. 5 rule 26(8) word substituted by S.I. 2015/566 art. 2(3)(c)
Sch. 5 Appendix of Forms Form 10 words inserted by 2022 c. 37 Sch. 6 para. 22(b)
Sch. 5 rule 32(1A) words inserted by 2022 c. 37 Sch. 6 para. 13(2)
Sch. 5 rule 34(4) words inserted by 2022 c. 37 Sch. 6 para. 14(5)(a)
Sch. 5 rule 34(4) words inserted by 2022 c. 37 Sch. 6 para. 14(5)(b)
Sch. 5 rule 34(5) words inserted by 2022 c. 37 Sch. 6 para. 14(6)
Sch. 5 rule 34(6)(j) words inserted by 2022 c. 37 Sch. 6 para. 14(8)(b)
Sch. 5 rule 34(6)(k) words inserted by 2022 c. 37 Sch. 6 para. 14(8)(c)
Sch. 5 rule 37(2) words inserted by 2022 c. 37 Sch. 6 para. 17(b)
Sch. 5 rule 38(2) words inserted by 2022 c. 37 Sch. 6 para. 18
Sch. 5 rule 56A heading words inserted by 2022 c. 37 Sch. 6 para. 20(4)
Sch. 5 rule 45(3) words inserted by S.I. 2014/1116 art. 6(12)(i)
Sch. 5 rule 45(5) words inserted by S.I. 2014/1116 art. 6(12)(ii)
Sch. 5 rule 57(2) words inserted by S.I. 2014/1116 art. 6(13)
Sch. 5 rule 58(1)(c) words inserted by S.I. 2014/1116 art. 6(14)
Sch. 5 Appendix of Forms form 5 words inserted by S.I. 2014/1116 art. 6(16)(c)
Sch. 5 rule 45(2A) words inserted by S.I. 2018/699 reg. 4(a)
Sch. 5 rule 9(3) words inserted by S.I. 2020/635 art. 4(a)
Sch. 5 rule 10(1) words inserted by S.I. 2020/635 art. 5(a)(i)
Sch. 5 rule 10(3) words inserted by S.I. 2020/635 art. 5(b)
Sch. 5 rule 12(2) words inserted by S.I. 2020/635 art. 6(a)
Sch. 5 rule 12A(1) words inserted by S.I. 2020/635 art. 7(a)
Sch. 5 rule 45(2)(a) words inserted by S.I. 2024/382 art. 9(2)(a)
Sch. 5 rule 36(3) words omitted by 2022 c. 37 Sch. 6 para. 16(4)
Sch. 5 rule 25(1) words omitted by S.I. 2014/1116 art. 6(8)(a)
Sch. 5 rule 25(2) words omitted by S.I. 2014/1880 art. 3(2)(a)
Sch. 5 rule 16A(3) words repealed by S.I. 2018/1310 Sch. 1 Pt. 1 (This S.I. is amended by S.I. 2019/1389, reg. 2)
Sch. 5 Appendix of Forms Form 10 words substituted by 2022 c. 37 Sch. 6 para. 22(a)
Sch. 5 rule 12(2A) words substituted by 2022 c. 37 Sch. 6 para. 8(a)
Sch. 5 rule 12(2A) words substituted by 2022 c. 37 Sch. 6 para. 8(b)
Sch. 5 rule 23(3) words substituted by 2022 c. 37 Sch. 6 para. 11
Sch. 5 rule 34(3) words substituted by 2022 c. 37 Sch. 6 para. 14(4)
Sch. 5 rule 34(6) words substituted by 2022 c. 37 Sch. 6 para. 14(8)(a)
Sch. 5 rule 35(2) words substituted by 2022 c. 37 Sch. 6 para. 15
Sch. 5 rule 36(2)(b)(i) words substituted by 2022 c. 37 Sch. 6 para. 16(2)
Sch. 5 rule 36(2A) words substituted by 2022 c. 37 Sch. 6 para. 16(3)
Sch. 5 rule 37(2) words substituted by 2022 c. 37 Sch. 6 para. 17(a)
Sch. 5 rule 56A words substituted by 2022 c. 37 Sch. 6 para. 20(2)
Sch. 5 rule 21(1) words substituted by S.I. 2014/1116 art. 6(7)
Sch. 5 rule 26(3)(c) words substituted by S.I. 2014/1116 art. 6(9)
Sch. 5 rule 21(2) words substituted by S.I. 2015/566 art. 2(2)
Sch. 5 rule 45(2A) words substituted by S.I. 2018/699 reg. 4(b)
Sch. 5 rule 34(6)(b) words substituted by S.I. 2022/47 reg. 2(2)
Sch. 6 Appendix Form 7 substituted by S.I. 2015/566 art. 2(10) Sch. 6

Commencement Orders yet to be applied to the Electoral Law Act (Northern Ireland) 1962

Commencement Orders bringing legislation that affects this Act into force:

S.R. 2016/387 art. 2 commences (2015 c. 9 (N.I.))

11F1Election and term of office of members of district councils.N.I.

[F2(1)A local election year as respects any district council is 2014 and 2019 and every fourth year thereafter.

(1A)The election day as respects any district council is—

(a)in the year 2014, 22nd May;

(b)in any other local election year, the first Thursday in May.]

(2)The members of a district council—

(a)shall be elected in every local election year;

(b)shall come into office on the [F3fourth day after] the election day;

(c)shall retire together on the [F3fourth day after] the election day in the next succeeding local election year.

(3)[F4If the poll at an election in any district electoral area is countermanded or abandoned by reason of a candidate's death], the provisions of subsection (2) relating to the retirement of members shall have effect as if the election had not been countermanded or the poll adjourned but had been proceeded with and completed.

(4)A vacancy (in this Act referred to as a casual vacancy) caused in a district council—

(a)by the death or resignation or disqualification (whether by virtue of this Act or otherwise) of a member; or

(b)by the non-acceptance of office by a person elected or declared to have been elected a member or by his office becoming vacant under section 7(2) of the Local Government Act (Northern Ireland) 1972 [1972 c.9] or being declared vacant under section 10 of that Act by reason of his failure to attend meetings of the council; or

(c)by the determination by an election court that a person's election as a member was void, where no other person is declared elected in his stead;

shall, if it [F5arises] in any local election year on or after the first day of January and before or on election day, be deemed to have been caused by the expiry of the normal term of office and accordingly shall be filled on the election day in that year and in any other case [F6shall be filled in accordance with subsection (4A)].

[F6(4A)A casual vacancy to which subsection (4)(c) applies shall be filled by a person elected at an election to fill the vacancy and any other casual vacancy shall be filled [F7by a person returned or elected in accordance with sections 11D to 11K.]

[F8(4AA)Any person returned as mentioned in subsection (4A) shall be deemed for all purposes to have been duly elected as a member of the council.

(4AB)The clerk of a district council must as soon as practicable after a casual vacancy arises notify the Chief Electoral Officer—

(a)that a casual vacancy has arisen in the council, and

(b)of the name of the member of the council whose seat has become vacant (in this Act referred to as the “previous member”).

(4AC)The clerk of a district council must, within 7 days from any other matter concerning a casual vacancy coming to the clerk's knowledge, report it to the Chief Electoral Officer.]

F9(4B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(4C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F3(5)A casual vacancy shall be deemed [F10for the purposes of rule 1(3) of the Local Elections Rules] to have occurred—

(a)if it is a vacancy to which sub-section (4) (a) or (b) applies, when and so soon as the Chief Electoral Officer is satisfied that [F11an election must be held to fill the vacancy in accordance with section 11D, 11E, 11F, 11G or 11H]; or

(b)if it is a vacancy to which sub-section (4) (c) applies, on the date of the determination.

F12. . . ]

(6)A person elected to fill a casual vacancy [F13arising] in a district council shall hold office for the remainder of the term of the [F14previous member].

(7)Nothing in this section shall affect the right under any enactment relating to local government of the chairman or vice chairman of a local authority to continue in office until his successor becomes entitled to act.]

Subs.(8) rep. by SLR 1980

F11972 NI 13

F2S. 11(1)(1A) substituted (12.12.2013) by The Local Elections (Northern Ireland) Order 2013 (S.I. 2013/3156), arts. 1(1), 3(2)

F31992 NI 6

F4SI 1985/454

F5Word in s. 11(4) substituted (1.4.2010) by Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010 (S.I. 2010/1178), arts. 1(2), 2(2)

F61985 NI 15

F7Words in s. 11(4A) substituted (1.4.2010) by Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010 (S.I. 2010/1178), arts. 1(2), 2(3)

F8S. 11(4AA)(4AB)(4AC) inserted (1.4.2010) by Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010 (S.I. 2010/1178), arts. 1(2), 2(4)

F9S. 11(4B)(4C) omitted (1.4.2010) by virtue of Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010 (S.I. 2010/1178), arts. 1(2), 2(5)

F10Words in s. 11(5) inserted (1.4.2010) by Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010 (S.I. 2010/1178), arts. 1(2), 2(6)(a)

F11Words in s. 11(5)(a) substituted (1.4.2010) by Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010 (S.I. 2010/1178), arts. 1(2), 2(6)(b)