Draft Order laid before Parliament under section 96(2) of the Northern Ireland Act 1998 for approval by resolution of each House of Parliament.
2001 No.
Northern Ireland Assembly (Elections) Order 2001
Made
Coming into force
Whereas a draft of this Order has been approved by a resolution of each House of Parliament;
And whereas I have, in accordance with section 7(1) and (2)(h) of the Political Parties, Elections and Referendums Act 20001, consulted the Electoral Commission about these Regulations;
Now, therefore, in exercise of the powers conferred on me by sections 34(4) and 35(1) of the Northern Ireland Act 19982, I hereby make the following Order:—
Citation, commencement and revocation1
1
This Order may be cited as the Northern Ireland Assembly (Elections) Order 2001.
2
This Order shall come into force on the fourteenth day after the day on which it was made.
3
The New Northern Ireland Assembly (Elections) Order 19983 is hereby revoked.
Interpretation2
Unless the context otherwise requires, in this Order and any provision applied by this Order—
“1962 Act” means the Electoral Law Act (Northern Ireland) 19624;
“1983 Act” means the Representation of the People Act 19835;
“1985 Act” means the Representation of the People Act 19856;
“1998 Act” means the Northern Ireland Act 1998;
“1985 Order” means the Local Elections (Northern Ireland) Order 19857;
“2001 Regulations” means the Representation of the People (Northern Ireland) Regulations 20018;
“Assembly” means the Northern Ireland Assembly and “Assembly election” means an election to that Assembly;
“date of the poll” means the date set by section 31(1) or (2) or 32(4) of the 1998 Act or, in the case of a by-election, the date set by the Chief Electoral Officer under article 7(2) below; and
“election rules” means the rules in Schedule 1 to the 1983 Act, as applied by Schedule 1 to this Order.
Application of certain provisions for Assembly elections3
1
The provisions of the 1983 Act, the Elections (Northern Ireland) Act 19859 and the 1985 Act which are specified in the left-hand column of Schedule 1 to this Order shall, subject to—
a
any modifications and exceptions specified in relation to those provisions in the right-hand column of that Schedule, and
b
the provisions of paragraph (3) below,
apply for the purposes of an Assembly election.
2
The provisions of the 2001 Regulations, the Election Petition Rules 196410 and the Planning (Control of Advertisements) Regulations (Northern Ireland) 199211 which are specified in the left-hand column of Schedule 2 to this Order shall, subject to—
a
any modifications and exceptions specified in relation to those provisions in the right-hand column of that Schedule, and
b
the provisions of paragraph (3) below,
apply for the purposes of an Assembly election.
3
Unless the context otherwise requires, in the provisions applied by Schedules 1 and 2 to this Order—
a
any reference to a parliamentary election (except the references specified in paragraph (5) below) shall be construed as a reference to an Assembly election and a reference to a parliamentary general election shall be construed as a reference to a general election to the Assembly;
b
any reference to the parliamentary elections rules shall be construed as a reference to those rules as applied for the purposes of Assembly elections;
c
any reference to a parliamentary elector shall be construed as a reference to an elector entitled to vote at an Assembly election and references to the register of electors shall be construed accordingly;
d
any reference to a parliamentary election petition shall be construed as a reference to an Assembly election petition;
e
any reference to an overseas elector shall be disregarded;
f
any provision having effect only in Great Britain or any part of it, including a provision relating to a local government election or local government electors, shall be disregarded;
g
any reference to a return in the context of a return to the writ of election and return to Parliament shall be construed as a reference to the declaration of result made by the returning officer under rule 50 of the elections rules;
h
in the heading of the forms in Schedule 3 to the 2001 Regulations which are applied by this Order, for the words “REPRESENTATION OF THE PEOPLE ACTS” substitute “NORTHERN IRELAND ASSEMBLY ELECTION”; and
i
any reference to an enactment or instrument made under an enactment shall be construed as a reference to that enactment or instrument as applied by this Order.
4
Section 35(2)(h) of the Judicature (Northern Ireland) Act 197812 shall apply in relation to an Assembly election petition as it applies in relation to a parliamentary election petition and as though the references in that section to the 1983 Act were references to that Act as applied by Schedule 1 to this Order.
Franchise4
A person is entitled to vote at an Assembly election in a constituency if on the day of the poll he would be entitled to vote as an elector at a local election in a district electoral area wholly or partly comprised in that constituency.
Returning officer and registration officer5
1
The Chief Electoral Officer for Northern Ireland shall be the returning officer for each constituency.
2
That Officer shall be the electoral registration officer for the purposes of the provisions applied by this Order (as he is for parliamentary and local elections).
3
Section 14(5) and 14A(2) and (3) of the 1962 Act15 (appointment of temporary deputy and delegation to assistants) shall have effect in relation to the Chief Electoral Officer in his capacity as returning officer and electoral registration officer under this Order.
Substitutes6
1
The Chief Electoral Officer (“the Officer”) shall act in accordance with this article where—
a
he has been notified by—
i
an election court or the High Court under section 144 or 146 of the 1983 Act, as applied by article 3 of, and Schedule 1 to, this Order, or
ii
the presiding officer of the Assembly under section 35(3) of the 1998 Act,
that a vacancy exists in the seat of a member of the Assembly,
b
that member had given a notice under rule 8A of the elections rules (“the relevant notice”), and
c
the vacancy has arisen otherwise than as a result of the resignation of a person who has been returned as a member for more than one constituency.
2
The Officer shall take such steps as appear to him to be reasonable to contact the person whose name and address appear as the first choice in the relevant notice to ask that person whether he will state in writing that he is willing and able to be returned as a member of the Assembly.
3
Where—
a
within such period as the Officer considers reasonable—
i
he decides that the steps he has taken to contact that person have been unsuccessful, or
ii
he has not received from that person a statement in writing that he is willing and able to be returned as a member of the Assembly, or
b
that person has stated in writing that he is not willing or able to be so returned,
the Officer shall repeat the procedure required by paragraph (2) above in respect of the person (if any) whose name and address appear as the second choice in the relevant notice or, where sub-paragraph (a) or (b) above applies in respect of that person, in respect of the person (if any) whose name and address appear as the third choice in that notice; and the Officer shall continue to repeat the procedure until the seat is filled or the names in the list exhausted.
4
Where a person whose name and address appear in the relevant notice states in writing in response to the question from the Officer under paragraph (2) above (including that paragraph as applied by paragraph (3) above) that he is willing and able to be returned as a member of the Assembly, the Officer shall (subject to paragraph (5) below) declare that person to be so returned.
5
Where under paragraph (3) above the Officer has asked the person whose name appears as the second or, as the case may be, other subsequent choice in the relevant notice the question set out in paragraph (2) above prior to the receipt of a statement from a person whose name appears as an earlier choice in that notice that he is willing and able to be returned as a member of the Assembly, that statement shall not have effect for the purposes of paragraph (4) above unless—
a
the first-mentioned person has stated in writing that he is not willing and able to be so returned, or
b
no statement in writing that he is willing and able to be so returned has been received from him by the Officer in response to the Officer’s question within such period as the Officer considers reasonable.
6
The Officer shall give public notice of a declaration under paragraph (4) above and send it to the presiding officer of the Assembly.
By-elections7
1
This article applies where the Chief Electoral Officer has been notified by—
a
an election court or the High Court under section 144 or 146 of the 1983 Act, as applied by article 3 of, and Schedule 1 to, this Order, or
b
the presiding officer of the Assembly under section 35(3) of the 1998 Act,
that a vacancy exists in the seat of a member of the Assembly and either the conditions in article 6(1)(b) and (c) above are not satisfied or no person has been declared a member to fill the vacancy under article 6(4) above.
2
Where this article applies, the Chief Electoral Officer shall set a date as the date of the poll for a by-election to fill the vacancy.
SCHEDULE 1APPLICATION WITH MODIFICATIONS OF PROVISIONS OF THE 1983 ACT, THE ELECTIONS (NORTHERN IRELAND) ACT 1985 AND THE 1985 ACT
Provision applied | Modifications |
---|---|
THE REPRESENTATION OF THE PEOPLE ACT 1983 | |
In section 18 (polling districts and places at parliamentary elections), subsections (1), (7) and (9)16 | |
Section 23 (rules for parliamentary elections) | |
Section 29 (payments by and to returning officer)17 | Omit subsection (1) and (2). |
In subsection (5), for the words from “charged on” to “before”, substitute “paid by the Secretary of State on an account being submitted to him, but he may, if he thinks fit, before”. | |
Omit subsection (6). | |
Omit subsection (9). | |
Section 30 (taxation of returning officer’s account) | |
Section 49 (effect of registers)18 | In subsection (5)(b)(iv) for “a local government” substitute “an”. |
Section 50 (effect of misdescription) | |
In section 52 (discharge of registration duties), subsection (5)19 | Omit the words from “Subsection” to “but”. |
Section 54 (payment of registration expenses)20 | |
Section 60 (personation) | |
Section 61 (other voting offences)21 | In paragraphs (a) and (b) of subsection (1) omit the words “or at parliamentary or local government elections” and “or, as the case may be, at elections of that kind”. |
Section 63 (breach of official duty)22 | In subsection (3)—
|
Section 65 (tampering with nomination papers, ballot papers etc.)23 | |
Section 65A (false statements in nomination papers etc.)24 | |
Section 66 (requirement of secrecy)25 | |
Section 66A (prohibition on publication of exit polls)26 | |
Section 67 (appointment of election agent)27 | |
Section 68 (nomination of sub-agent at parliamentary elections)28 | |
Section 69 (office of election agent and sub-agent)29 | |
Section 70 (effect of default in election agent’s appointment)30 | |
Section 71A (control of donations to candidates)31 | |
Section 73 (payment of expenses through election agent)32 | |
Section 74 (candidate’s personal expenses and petty expenses)33 | |
Section 74A (expenses incurred otherwise than for election purposes)34 | |
Section 75 (prohibition of expenses not authorised by election agent)35 | Omit subsection (4). |
Section 76 (limitation of election expenses)36 | |
Section 77 (expenses limit for joint candidates at local election) | In subsection (1), for the words “a local government” substitute “an Assembly”. |
Section 78 (time for sending in and paying claims)37 | |
Section 79 (disputed claims)38 | |
Section 80 (election agent’s claim) | |
Section 81 (return as to election expenses)39 | |
Section 82 (declarations as to election expenses)40 | |
Section 83 (where no return and declarations needed at parliamentary elections) | |
Section 84 (penalty for failure as respects returns or declarations) | |
Section 86 (authorised excuses for failures as to return and declarations)41 | |
Section 87 (court’s power to require information from election agent or sub-agent)42 | |
Section 87A (duty of appropriate officer to forward returns and declarations to Electoral Commission)43 | Omit subsection (1) and in subsection (2) for the words from “any election” to “above” substitute “an Assembly election”. |
Section 88 (publication of time and place for inspection of returns and declarations)44 | |
Section 89 (inspection of returns and declarations)45 | In subsections (1) and (2), for the words “two years”, in each place where they occur, substitute “12 months”. |
Section 90A (meaning of election expenses)46 | |
Section 90B (incurring of election expenses for the purpose of section 90A) | |
Section 90C (property, goods and services etc. provided free of charge or at a discount) | |
Section 91 (candidate’s right to send election address post free)47 | |
Section 92 (broadcasting from outside United Kingdom)48 | |
Section 93 (broadcasting of local items during election period)49 | Omit any reference to Sianel Pedwar Cymru. |
For subsection (5), substitute the following subsection:
| |
Section 94 (imitation poll cards)50 | |
Section 97 (disturbances at election meetings) | For subsection (2), substitute the following subsection:
|
Section 98 (premises not affected for rates) | |
Section 99 (officials not to act for candidates)51 | |
Section 100 (illegal canvassing by police officers)52 | |
Section 106 (false statements as to candidates)53 | |
Section 107 (corrupt withdrawal from candidature) | |
Section 109 (payments for exhibition of election notices) | |
Section 110 (printer’s name and address on election publications)54 | |
Section 111 (prohibition of paid canvassers) | |
Section 112 (providing money for illegal purposes) | |
Section 113 (bribery) | |
Section 114 (treating) | |
Section 115 (undue influence) | |
Section 116 (rights of creditors) | |
Section 117 (savings as to parliamentary elections) | |
Section 118 (interpretation of Part II)55 | |
Section 118A (meaning of candidate)56 | In subsection (2)—
|
Section 119 (computation of time for purposes of Part II)57 | |
Section 120 (method of questioning parliamentary election) | |
Section 121 (presentation and service of parliamentary election petition)58 | |
Section 122 (time for presentation or amendment of parliamentary election petition)59 | In subsection (1), for the words from “the return” to the end substitute “the day on which the relevant result was declared in accordance with rule 50 of the elections rules”. |
In subsection (2), for the words “that return” substitute “that declaration of the result of the election”. | |
Section 123 (constitution of election court and place of trial) | |
Section 124 (judges' expenses and reception: England and Wales and Northern Ireland)60 | For “the Treasury” substitute “the Secretary of State”. |
Section 126 (attendance of the House of Commons shorthand writer)61 | In subsection (1), for the words “The shorthand writer of the House of Commons or his deputy” substitute “A shorthand writer”. |
In subsection (2), for the word “Speaker” substitute “Chief Electoral Officer”. | |
In subsection (3), omit the words “In Scotland” and for the words “section 125” substitute “section 124”. | |
Section 136 (security for costs)62 | |
Section 137 (petition at issue)63 | |
Section 138 (list of petitions)64 | In subsection (3), omit the words from the beginning of the subsection to “local government Act”. |
Section 139 (trial of petition) | In subsection (3) omit the words from “the acceptance” to “notwithstanding”, in the third place where it occurs. |
Section 140 (witnesses)65 | |
Section 141 (duty to answer relevant questions)66 | |
Section 143 (expenses of witnesses) | |
Section 144 (conclusion of trial of parliamentary election petition) | In subsections (2), (4) and (6), for the word “Speaker”, in each place where it occurs, substitute “Chief Electoral Officer”. |
Omit subsections (5) and (7). | |
Section 146 (special case for determination of High Court) | In subsection (2), for the word “Speaker” substitute “Chief Electoral Officer”. |
Section 147 (withdrawal of petition) | |
Section 154 (costs of petition) | |
Section 155 (neglect or refusal to pay costs) | |
Section 156 (further provision as to costs)67 | |
Section 157 (appeals and jurisdiction)68 | For subsection (2), substitute the following subsection:
|
Section 158 (report as to candidate guilty of a corrupt or illegal practice) | |
Section 159 (candidate reported guilty of corrupt or illegal practice)69 | |
Section 160 (persons reported personally guilty of corrupt or illegal practices)70 | In subsection (4)—
|
Omit subsection (6) | |
Section 161 (justice of the peace)71 | |
Section 162 (member of legal and certain other professions) | |
Section 163 (holder of licence or certificate under the Licensing Acts) | |
Section 164 (avoidance of election for general corruption etc.) | |
Section 165 (avoidance of election for employing corrupt agent) | |
In section 166 (votes to be struck off for corrupt or illegal practices) subsections (2) and (3) | |
Section 167 (application for relief)72 | |
Section 168 (prosecutions for corrupt practices)73 | |
Section 169 (prosecutions for illegal practices)74 | |
Section 170 (conviction of illegal practice on charge of corrupt practice etc.) | |
Section 173 (incapacities on conviction of corrupt or illegal practice)75 | In subsection (1)—
In subsection (7)—
|
Omit subsection (10). | |
Section 174 (mitigation and remission etc.)76 | |
Section 175 (illegal payments etc.)77 | |
Section 176 (time limit for prosecutions)78 | |
Section 178 (prosecution of offences committed outside United Kingdom)79 | |
Section 179 (offences by associations) | |
Section 180 (evidence by certificate of holding of elections) | |
Section 180A (evidence by certificate of electoral registration)80 | |
Section 181 (Director of Public Prosecutions)81 | |
Section 183 (costs) | |
Section 184 (service of notices)82 | |
Section 185 (interpretation of Part III)83 | |
Section 186 (computation of time for purposes of Part III) | |
Section 200 (public notices, and declarations)84 | |
Section 200A (remuneration for free postal services provided under Act)85 | In subsection (3), for the words from “charged” to the end substitute “paid by the Secretary of State”. |
Section 202 (general provisions as to interpretation)86 | |
Section 205 (general application to Northern Ireland)87 |
SCHEDULE 1(PARLIAMENTARY ELECTIONS RULES)
Rule 1 (timetable). | For the Timetable substitute: | |
“TIMETABLE | ||
Proceeding | Time | |
Publication of notice of election. | Not later than the 25th day before the date of the poll. | |
Delivery of nomination papers. | Between the hours of 10 a.m. and 4 p.m. on the 17th and 16th days before the date of the poll. | |
Delivery of notices of withdrawals of candidature. | Within the time for the delivery of nomination papers at the election. | |
The making of objections to nomination papers. | During the hours allowed for delivery of nomination papers and, on the 16th day before the date of the poll, the hour following:
| |
Publication of statement of persons nominated. | At the close of the time for making objections to nomination papers or as soon afterwards as any objections are disposed of. | |
Polling. | Between the hours of 7 a.m. and 10 p.m. on the day of the poll.”. | |
Rule 2 (computation of time)88 | For paragraph (2) substitute:
| |
Rule 5 (notice of election)90 | ||
Rule 6 (nomination of candidates)91 | in paragraph (3)(b), omit the words from “or, where” to the end. | |
Rule 6A (nomination papers: name of registered political party)92 | ||
Rule 7 (subscription of nomination paper)93 | In paragraph (5), for the words from “than one nomination” to “delivered” substitute “nomination papers at the same election than there are vacancies to be filled and, if he does, his signature shall be inoperative on any paper other than the papers first delivered up to the number of vacancies”. | |
Rule 8 (consent to nomination) |
| |
Rule 9 (deposit)94 | In paragraph (1), for “£500” substitute “£150”. | |
In rule 10 (place for delivery of nomination papers), paragraph (1) | ||
Rule 11 (right to attend nomination) | ||
Rule 12 (decisions as to validity of nomination papers)95 | ||
Rule 13 (withdrawal of candidates) | ||
Rule 14 (publication of statement of persons nominated)96 | ||
Rule 15 (disqualification by Representation of the People Act 1981) | ||
Rule 16 (adjournment of nomination proceedings in case of riot) | ||
Rule 17 (method of election) | In paragraph (1), for the words “than one person standing nominated” substitute “persons standing nominated than there are members to be elected”. | |
In paragraph (2), for the words “only one person standing nominated, that person” substitute “a number of persons standing nominated which is equal to, or less than, the number of members to be elected, those persons”. | ||
Rule 18 (poll to be taken by ballot) | For the words from “result” to the end of the rule, substitute “votes given to each candidate shall be counted and the result of the poll determined in accordance with rules 44A to 44M of these rules”. | |
Rule 19 (the ballot papers)97 | ||
Rule 20 (the official mark) | ||
Rule 21 (prohibition of disclosure of vote) | ||
Rule 22 (use of schools and public rooms) | In paragraphs (1) and (2) after the word “poll” insert “or counting the votes”. | |
Rule 23 (notice of poll)98 | ||
Rule 24 (postal ballot papers)99 | ||
Rule 25 (provision of polling stations) | ||
Rule 26 (appointment of presiding officers and clerks)100 | ||
Rule 28 (issue of official poll cards)101 | ||
Rule 29 (equipment of polling stations)102 | In paragraph (5) for the words from “the notice” to the end substitute “the notice set out in the Appendix”. | |
Rule 30 (appointment of polling and counting agents)103 | ||
Rule 31 (notification of requirement of secrecy)104 | ||
Rule 32 (admission to polling station)105 | ||
Rule 33 (keeping of order in station) | ||
Rule 34 (sealing of ballot boxes) | ||
Rule 35 (questions to be put to voters) | ||
Rule 36 (challenge of voter) | ||
Rule 37 (voting procedure)106 | In paragraph (1E)(b) for the words from “the United” to the end substitute “a Member State of the European Community”. Omit paragraph (1F). For paragraph (2), substitute:
| |
Rule 38 (votes marked by presiding officer)107 | In paragraph (1) for the words “vote to be marked on a ballot paper” substitute “ballot paper to be marked”. | |
Rule 39 (voting by persons with disabilities)108 | ||
Rule 40 (tendered ballot papers)109 | ||
Rule 40A (refusal to deliver ballot paper)110 | ||
Rule 41 (spoilt ballot papers) | ||
Rule 42 (adjournment of poll in case of riot) | ||
Rule 43 (procedure on close of poll)111 | ||
Rule 44 (attendance at counting of votes) |
| |
Rule 50 (declaration of result) | For paragraph (1) substitute the following paragraph:
In paragraph (2), for the words from “person standing” to the end substitute “person or persons standing nominated, shall also declare that person or persons elected, and the returning officer shall forthwith notify his or their names to the Secretary of State”. | |
Rules 53 (return or forfeiture of candidate’s deposit)112 | In paragraph (4), for the words from “after the counting” to the end of the paragraph substitute “if the number of votes credited to the candidate at any stage of the counting of the votes does not exceed one quarter of the quota”. | |
Omit paragraph (5). | ||
Rule 54 (sealing up of ballot papers) | ||
In rule 55 (delivery of documents to Clerk of the Crown), paragraph (1)113 | For the words “then forward to the Clerk of the Crown” substitute “retain”. | |
Rule 56 (orders for production of documents) | In paragraph (1), for the words “Clerk of the Crown” substitute “returning officer” and omit sub-paragraph (i). | |
In paragraph (2), for the words “Clerk of the Crown's” substitute “returning officer's”. | ||
In paragraph (3), omit the words “House of Commons or”. | ||
In paragraphs (6) and (8), for the words “Clerk of the Crown”, in each place where they occur, substitute “returning officer”. | ||
Rule 57 (retention and public inspection of documents) | In paragraph (1)—
| |
In paragraph (2), for the words from “Clerk of the Crown” to the end substitute “returning officer”. | ||
In paragraph (3), for the words “Clerk of the Crown” substitute “returning officer” and for the words “the Treasury” substitute “the Secretary of State”. | ||
Rule 60 (countermand or abandonment of poll on death of candidate) | In paragraph (1)—
| |
APPENDIX OF FORMS | ||
Form of nomination paper114 | For the word “Parliament” substitute “the Northern Ireland Assembly”. | |
Form of ballot paper | For the form of the front of the ballot paper substitute the form set out in the Annex to this Schedule. | |
Directions as to printing the ballot paper | For the form substitute the form set out in the Annex to this Schedule. | |
Form of directions for the guidance of the voters in voting115 | In paragraph 2 for the words from “Mark a cross” to the end of the paragraph substitute:
| |
Omit paragraph 4 and re-number paragraph 5 accordingly. | ||
Form of declaration to be made by the companion of a voter with disabilities116 | After the form add the following form:
| |
SCHEDULE 2A (CONTROL OF DONATIONS TO CANDIDATES)117 | ||
SCHEDULE 3 (DECLARATIONS AS TO ELECTION EXPENSES) | ||
Form of declarations118 | ||
THE ELECTIONS (NORTHERN IRELAND) ACT 1985 | ||
Section 3 (offences relating to specified documents)119 | ||
REPRESENTATION OF THE PEOPLE ACT 1985 | ||
Section 5 (manner of voting at parliamentary elections)120 | ||
Section 7 (absent vote at a particular election and absent voters list) | In subsection (2)—
In subsection (4)—
| |
Section 8 (proxies at elections)122 | In subsection (3)(b) for the words “the Republic of Ireland” substitute “a Member State of the European Communities”. | |
Omit subsection (6). | ||
Omit subsections (9) and (10). | ||
Section 9 (voting as proxy) | Omit subsections (4) and (6). | |
In subsection (8) for the words “subsection (6) above” substitute “paragraph 4(5) of Part I of Schedule 2 to the 1985 Order”. | ||
In subsection (9)—
| ||
Omit subsection (11). | ||
In section 12 (offences as to declarations etc.), subsections (3) and (4) | ||
Section 27 (interpretation)123 | In subsection (1), omit the definition of “European Parliamentary election”. | |
In subsection (2), omit the words from “and sections 5 to 7A” to the end. |
ANNEXForm of front of ballot paper
Directions as to printing the ballot paper
1
Nothing is to be printed on the ballot paper except in accordance with these directions.
2
The following arrangements shall be observed in the printing of the front of the ballot paper—
a
apart from the instructions “Mark order of preference in space below” in the top left-hand corner no other word or words shall be printed on the ballot paper except the particulars of the candidates and words forming part of emblems;
b
no rules shall be printed on the face except the horizontal lines separating the headings from the particulars of the candidates and the particulars of the candidates from one another and the vertical rule separating those particulars and emblems from the spaces on the left side of the paper where the order of preference is to be marked;
c
the whole space between the top and the bottom of the paper shall be equally divided between the candidates by the rules separating their particulars.
3
a
The front of the ballot paper shall contain the names, addresses and descriptions, if any, of the candidates standing nominated. The names shall be arranged alphabetically in the order of surnames, or if there are two or more candidates bearing the same surname, in alphabetical order of their other names, or if the names are the same, in the alphabetical order of their home addresses or descriptions;
b
the surname of each candidate shall be printed by itself in large capitals, and his full name, address and description (as given on the statement of persons nominated) shall be printed underneath in ordinary type;
c
where the surnames of two or more candidates are the same there shall be printed in small capitals the other names of such candidates and if those are the same so much of the descriptions or home addresses of such candidates as will enable the electors to distinguish between them;
d
the list of candidates shall be arranged either in one continuous column or in two or more columns in such manner (without departing from the alphabetical order) as, in the opinion of the returning officer, is best for marking and counting;
e
the ballot papers shall be numbered consecutively on the back and the front of the counterfoil attached to each ballot paper shall bear the same number. The numbers on ballot papers shall be printed in the smallest type compatible with legibility and shall be printed on or about the centre of the paper.
4
Where an emblem is to be printed against a candidate’s particulars—
a
it shall be printed between the candidate’s particulars and the vertical rule separating the candidate’s particulars from the spaces where the vote is to be marked, and;
b
its size as printed shall not exceed two centimetres square.
SCHEDULE 2APPLICATION AND MODIFICATION OF PROVISIONS OF THE 2001 REGULATIONS, THE ELECTION PETITIONS RULES 1964 AND THE PLANNING (CONTROL OF ADVERTISEMENTS) REGULATIONS (NORTHERN IRELAND) 1992
Provision applied | Modifications |
---|---|
REPRESENTATION OF THE PEOPLE (NORTHERN IRELAND) REGULATIONS 2001 | |
Regulation 3 (interpretation)124 | In paragraph (1) for the definition of “candidate” substitute ““candidate” means a person having been nominated or declared himself a candidate for election as a member of the Assembly;”. |
Regulation 4 (forms) | Omit paragraph (1)(a). |
Regulation 5 (communication of applications, notices, etc.) | |
Regulation 6 (electronic signatures and related certificates) | |
Regulation 7 (copies of documents) | |
Regulation 8 (time) | |
Regulation 9 (official poll card at parliamentary elections) | |
Regulation 10 (return and declaration of election expenses) | |
Regulation 11 (interference with notices etc.) | |
Regulation 12 (device referred to in rule 29(3A)(b) of the parliamentary elections rules) | |
Regulation 47(7)(b) (supply of register of electors to candidates) | |
Regulation 50 (interpretation of Part IV) | |
Regulation 51 (general requirements for an absent vote) | |
Regulation 52 (additional requirements for the appointment of a proxy) | |
Regulation 55 (additional requirements for applications in respect of a particular election) | In paragraphs (4)(b) and (6)(d) for the words from “one” to the end of each of those sub-paragraphs, substitute—
In paragraph (8)(b) omit the words from “or any other” to the end. |
Regulation 56 (additional requirements for applications by proxies to vote by post at a particular election) | |
Regulation 57 (closing date for applications) | In paragraph (1) for the words “section 6(1) or (5), 8(6) or 9(4) of the 1985 Act” substitute “under paragraph 1(1) or (5), 3(5) or 4(4) of Part I of Schedule 2 to the 1985 Order, as those paragraphs have effect for the purposes of the compilation of the special lists under sections 7(4) and 9(9) of the 1985 Act at an Assembly election.”. |
In paragraph (4) for the words from the beginning of sub-paragraph (a) to “section 8(9) of that Act” substitute “under paragraph 1(4)(a) or 4(10)(a) of Part I of Schedule 2 to the 1985 Order and a notice under paragraph 3(8) of that Part, as those paragraphs have effect for the purposes of the compilation of the special lists under sections 7(4) and 9(9) of the 1985 Act at an Assembly election,”. | |
In paragraph (6) from the beginning of sub-paragraph (a) to the end of the paragraph substitute “a day which is a bank holiday under the Banking and Financial Dealings Act 1971126 in Northern Ireland”. | |
Regulation 58 (grant or refusal of applications) | Omit paragraph (3). |
Regulation 62 (record and lists kept under sections 6, 7 and 9 of Act of 1985) | Omit paragraph (2). |
Regulation 63 (marked register for polling stations) | |
Regulation 64 (certificate of employment) | |
Regulation 65 (interpretation of Part V) | |
Regulation 66 (form of declaration of identity) | |
Regulation 67 (persons entitled to be present at issue and receipt of postal ballot papers) | |
Regulation 68 (agents of candidates who may attend proceedings on issue or receipt of postal ballot papers) | |
Regulation 69 (notification of requirement of secrecy) | |
Regulation 70 (notice of issue of postal ballot papers) | |
Regulation 71 (procedure on issue of postal ballot paper) | |
Regulation 72 (refusal to issue postal ballot paper) | |
Regulation 73 (envelopes) | |
Regulation 74 (sealing up of counterfoils and security of special lists) | |
Regulation 75 (delivery of postal ballot papers) | |
Regulation 76 (spoilt postal ballot papers) | |
Regulation 77 (notice of opening of postal ballot paper envelopes) | |
Regulation 78 (postal ballot boxes and receptacles) | |
Regulation 79 (receipt of covering envelopes) | |
Regulation 80 (opening of postal voters' ballot box) | In paragraph (3) for the words “rule 45” substitute “rule 44B”. |
Regulation 81 (opening of covering envelopes) | |
Regulation 82 (procedure in relation to declarations of identity) | |
Regulation 83 (opening of ballot paper envelopes) | |
Regulation 84 (sealing of receptacles) | |
Regulation 85 (abandoned poll) | |
Regulation 86 (forwarding of documents) | For paragraph (1) substitute the following paragraph:
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In paragraph (2), for the words “forward it at a subsequent date in the manner described in paragraph (1) above” substitute “retain it and subsequently deal with it in the manner described in paragraph (1) above”. | |
In paragraph (3) for the word “forwarded” substitute “retained”. | |
In paragraph (4) for the words “A copy of the statement referred to in paragraph (1)(b) above” substitute “A completed statement in Form H of the number of postal ballot papers issued”. | |
SCHEDULE 3 (FORMS) | |
Form A (elector’s official poll card) | In the back of the form, for the third paragraph substitute:
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Omit the fifth paragraph. | |
Form B (proxy’s official poll card) | |
Form C (return of expenses required by section 75 of the 1983 Act) | |
Form D (declaration as to expenses required by section 75 of the 1983 Act) | |
Form F (certificate of employment) | |
Form G (declaration of identity) | In the instructions to voters on the back of the form, for paragraphs 2 and 3 substitute:
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Form H (statement as to postal ballot papers) | |
ELECTION PETITION RULES 1964127 | |
Rule 1 (citation, commencement and application) | |
Rule 2 (interpretation) | |
Rule 3 (form of petition) | In paragraph (1)(b) omit the words from “and the” to the end of the sub-paragraph. |
Rule 4 (security for costs) | |
Rule 5 | |
Rule 5A (notice of presentation of the petition) | |
Rule 6 (notice of objection to recognisance) | |
Rule 7 (list of petitions) | |
Rule 8 (time and place of trial) | |
Rule 9 (evidence) | |
Rule 10 (order to compel attendance of witness) | |
Rule 12 (witnesses expenses) | |
Rule 13 (case stated) | |
Rule 14 (withdrawal of petition) | |
Rule 15 (application to stay or dismiss petition) | |
Rule 17 (notice of intention not to oppose petition) | |
Rule 19 (duty to file copies) | |
Rule 20 (cost of publication) | |
Rule 21 (notice of appointment of respondent’s solicitor) | |
Rule 22 (service of notices) | |
Rule 23 (forfeiture of recognisance) | |
Rule 24 (payment from deposit on default) | |
Rule 25 (recognisance and deposit) | |
Rule 26 (discharge of recognisance and deposit) | |
Rule 27 (time) | |
Schedule A (form of petition) | In paragraph 2 omit the words “to the Clerk of the Crown”. |
Schedule B (form of order to compel attendance of witness) | |
THE PLANNING (CONTROL OF ADVERTISEMENTS) REGULATIONS (NORTHERN IRELAND) 1992 | |
Regulation 2 (interpretation) | |
Regulation 4 (requirement for consent) | |
Schedule 1 (standard conditions) | |
In Schedule 2 (classes of advertisements to which the prohibition in regulation 4(1) does not apply), class F128 |
(This note is not part of the Order)