The Northern Ireland Assembly (Elections) (Forms) Order 2015

Draft Order laid before Parliament under section 96(2)(b) of the Northern Ireland Act 1998, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2015 No.

Northern Ireland

The Northern Ireland Assembly (Elections) (Forms) Order 2015

Made

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Coming into force in accordance with article 1(2)

In accordance with section 7(1) and (2)(h) of the Political Parties, Elections and Referendums Act 2000(1),the Secretary of State has consulted with the Electoral Commission prior to this Order being made.

A draft of this Order has been laid before Parliament in accordance with section 96(2)(b) of the Northern Ireland Act 1998(2) and approved by a resolution of each House of Parliament.

Accordingly, the Secretary of State, in exercise of the powers conferred by section 34(4) and (6) of the Northern Ireland Act 1998, makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Northern Ireland Assembly (Elections) (Forms) Order 2015.

(2) This Order comes into force on the day after the day on which it is made.

(3) In this Order—

“the 2001 Order” means the Northern Ireland Assembly (Elections) Order 2001(3);

“the 2008 Regulations” means the Representation of the People (Northern Ireland) Regulations 2008(4); and

“the elections rules” means the parliamentary elections rules contained in Schedule 1 to Representation of the People Act 1983(5).

Amendments to Schedule 1 to the 2001 Order

2.—(1) Schedule 1 to the 2001 Order (application with modifications of statutory provisions relating to elections)(6) is amended as follows.

(2) In the right-hand column of the Schedule, in the entry in respect of rule 44B of the elections rules(7), in paragraph (3)(a) omit the words “and authenticated”.

(3) In the right-hand column of the Schedule, alongside the entry in respect of the form of ballot paper in the Appendix of Forms in the elections rules—

(a) omit the words “the front of the”; and

(b) after “ballot paper” insert “(the form of front of ballot paper and the form of back of ballot paper)”.

(4) In the right-hand column of the Schedule, alongside the entry in respect of the form of directions for the guidance of the voters in voting in the Appendix of Forms in the elections rules, for both paragraphs of the existing text, substitute—

“For the form substitute the form set out in the Annex to this Schedule.”.

(5) In the right-hand column of the Schedule, alongside the entry in respect of the form of declaration to be made by the companion of a voter with disabilities in the Appendix of Forms in the elections rules, before the existing text insert—

“For the form substitute the form set out in the Annex to this Schedule.”.

(6) The Annex to Schedule 1 to the 2001 Order is amended as follows.

(7) In the form of front of ballot paper—

(a) in the heading to that form, omit “front of”; and

(b) replace the form with the form in Schedule 1 to this Order.

(8) Replace the form of directions as to printing the ballot paper with the form in Schedule 2 to this Order.

(9) After the form of directions as to printing the ballot paper, insert—

(a) the form of directions for the guidance of the voters in voting in Schedule 3 to this Order; and

(b) the form of declaration to be made by the companion of a voter with disabilities in Schedule 4 to this Order.

Amendments to Schedule 2 to the 2001 Order

3.—(1) Schedule 2 to the 2001 Order (application and modification of provisions of subordinate legislation relating to elections)(8) is amended as follows.

(2) In the right-hand column of the Schedule, alongside the entry in respect of regulation 12 of the 2008 Regulations (device referred to in rule 29(3A)(b) of the parliamentary elections rules), insert—

“In paragraph (7) for the words “mark a cross” substitute “record his vote”.”.

(3) In the right-hand column of the Schedule, alongside the entry in respect of Form A of Schedule 3 to the 2008 Regulations (elector’s official poll card), for both paragraphs of the existing text substitute—

“For the words “UK Parliamentary” substitute “Northern Ireland Assembly”.

For the words “UK or Irish passport” substitute “UK, Irish or EU passport”.”.

(4) In the right-hand column of the Schedule, alongside the entry in respect of Form A1 of Schedule 3 to the 2008 Regulations (elector’s official postal poll card)(9), insert—

“For the words “UK Parliamentary” substitute “Northern Ireland Assembly”.”.

(5) In the right-hand column of the Schedule, alongside the entry in respect of Form B of Schedule 3 to the 2008 Regulations (proxy’s official poll card), insert—

“For the words “UK Parliamentary” substitute “Northern Ireland Assembly”.

For the words “UK or Irish passport” substitute “UK, Irish or EU passport”.”.

(6) In the right-hand column of the Schedule, alongside the entry in respect of Form B1 of Schedule 3 to the 2008 Regulations (proxy’s official postal poll card)(10), insert—

“For the words “UK Parliamentary” substitute “Northern Ireland Assembly”.”.

(7) After the entry in respect of Form D of Schedule 3 to the 2008 Regulations (declaration as to expenses required by section 75 of the 1983 Act), insert—

“Form E (proxy paper)

For the words “UK Parliamentary” substitute “Northern Ireland Assembly”.”.

(8) In the right-hand column of the Schedule, alongside the entry in respect of Form F of Schedule 3 to the 2008 Regulations (certificate of employment)(11), before the existing paragraph insert—

“For the words “UK Parliamentary” substitute “Northern Ireland Assembly”.”.

(9) In the right-hand column of the Schedule, alongside the entry in respect of Form L of Schedule 3 to the 2008 Regulations (declaration of identity), for the existing text substitute—

“For the form substitute the form set out in the Annex to this Schedule.”.

(10) In the right-hand column of the Schedule, alongside the entry in respect of Form M of Schedule 3 to the 2008 Regulations (declaration of identity (combined polls)), for the existing text substitute—

“For the form substitute the form set out in the Annex to this Schedule.”.

(11) At the end of the Schedule, insert the Annex in Schedule 5 to this Order.

Name

Parliamentary Under Secretary of State

Northern Ireland Office

Date

Article 2(7)

SCHEDULE 1 Form of ballot paper

Form of front of ballot paper

Form of back of ballot paper

Article 2(8)

SCHEDULE 2 Form of directions as to printing the ballot paper

Article 2(9)(a)

SCHEDULE 3 Form of directions for the guidance of the voters in voting

Article 2(9)(b)

SCHEDULE 4 Form of declaration to be made by the companion of a voter with disabilities

Article 3(11)

SCHEDULE 5 Annex to Schedule 2

Form of declaration of identity

Form of declaration of identity (combined polls)

EXPLANATORY NOTE

(This note is not part of the Order)

Schedules 1 and 2 to the Northern Ireland Assembly (Elections) Order 2001 apply certain provisions of the Representation of the People Act 1983 (c. 2) and the Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741) to elections to the Northern Ireland Assembly. The forms for use at parliamentary elections are amended by the Parliamentary Elections (Forms) (Northern Ireland) Order 2015. Articles 2 and 3 of this Order amend Schedules 1 and 2 to apply those amended provisions to Assembly elections, with appropriate changes.

The forms which have been changed for Assembly elections (whether by modification or substitution of parliamentary forms) are the forms relating to ballot papers, directions as to printing the ballot paper, declarations to be made by the companion of a voter with disabilities, poll cards, postal poll cards, proxy poll cards, proxy postal poll cards, guidance for voters, proxy papers, certificates of employment, declarations of identity, and declarations of identity at combined polls.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

2000 c. 41; there have been amendments to section 7 but they are not relevant to this Order.

(2)

1998 c. 47; there have been amendments to section 96 but they are not relevant to this Order.

(3)

S.I. 2001/2599 was amended by S.I. 2002/1964, S.I. 2003/2989, S.I. 2007/308, S.I. 2009/256, S.I. 2010/2892; S.I. 2014/1116 and S.I. 2014/1804.

(4)

S.I. 2008/1741; relevant amendments are referenced in this Order.

(5)

1983 c. 2; relevant amendments are referenced in this Order.

(6)

Schedule 1 was substituted in its entirety by S.I. 2009/256. Other relevant amendments are referenced in this Order.

(7)

Rules 44A to 44M are inserted by Schedule 1 to the 2001 Order as modifications to the parliamentary elections rules when applied to Assembly elections as the Assembly elections rules.

(8)

Schedule 2 was substituted in its entirety by S.I. 2009/256.

(9)

The entry in respect of Form A1 was inserted by S.I. 2014/1804.

(10)

The entry in respect of Form B1 was inserted by S.I. 2014/1804.

(11)

The entry in respect of Form F was amended by S.I. 2010/2892.