Elected Authorities (Northern Ireland) Act 1989

Section 2.

SCHEDULE 1 N.I. Application and modification of Representation of the People Act 1983

Modifications etc. (not altering text)

C1 Sch. 1 applied (9.7.2003) by The Local and European Parliamentary Elections (Registration of Citizens of Accession States) Regulations 2003 (S.I. 2003/1557), reg. 4 (subject to reg. 2)

Part I N.I. Provisions applied

Section 3(1) and (2) (disfranchisement of offenders in prison, etc.).

[F1 Section 3A(1) and (4) to (7) (disfranchisement of offenders detained in mental hospitals).]

Textual Amendments

F1 Entries in Sch. 1 Pt. I inserted (29.1.2001 for specified purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(2)(7)(8); S.I. 2001/116, art. 2(1)(2)

[F2 Section 4(2) to (6) (entitlement to be registered).]

Textual Amendments

F2 Entries in Sch. 1 Pt. I substituted (29.1.2001 for specified purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(3)-(6); S.I. 2001/116, art. 2(1)(2)

[F2 Sections 5 and 6 (residence (general) and residence of merchant seamen).

Sections 7 to 7C (residence of mental patients, and of persons remanded in custody, and declarations of local connection).]

[F2 Sections 9, 10, 10A and 13 to 13B (preparation, publication and alteration of registers).]

Sections 14 to 17 (service qualifications and service declarations).

Sections 49 and 50 (effect of registers and of misdescription).

[F2 Section 53 and, in Schedule 2, paragraphs 1(2) to (5), 3, 3A, 4 to 11A and 13 (regulations as to registration).]

Section 54(2) to (4) (expenses of registration).

Section 56(1) and (3) to (5) (registration appeals).

[F1 Section 58(2) (registration appeals: Northern Ireland).]

Section 59 (supplemental provisions as to members of forces, etc.).

Section 62 (offences as to declarations).

[F1 Section 180A (evidence by certificate of electoral registration).]

Section 201 (regulations) and, in section 202(1), [F3 the definitions of “dwelling”, “prescribed” and “qualifying address”].

Textual Amendments

F3 Words in entry in Sch. 1 Pt. I substituted (29.1.2001 for specified purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(9); S.I. 2001/116, art. 2(1)(2)

Part II N.I. Modifications

General N.I.

1 N.I. References to local government elections are to be read as references to local elections.

2 N.I. References to section 2 (local government electors in Great Britain) are to be read as references to section 1 of this Act and references to Part I (Parliamentary and local government franchise and its exercise) include section 1 of this Act.

3 N.I. References to the registration officer are to be read as references to the Chief Electoral Officer for Northern Ireland.

4 N.I. References to local government electors are to be read as references to local electors.

5 N.I. References to legal incapacity are to legal incapacity within the meaning of this Act.

6 N.I. References to any other provision mentioned in Part I of this Schedule are to that provision as modified by this Part.

Specific N.I.

[F4 7 (1) In section 4(2)— N.I.

(a) for “parliamentary electors for any constituency” substitute “local electors for any district electoral area”; and

(b) for “subsection (1) above,” substitute “subsection (3) below,”.

(2) In section 4(4)(a), the reference to any enactment includes an enactment comprised in Northern Ireland legislation.]

Textual Amendments

F4 Sch. 1 Pt. II paras. 7, 7A substituted for para. 7 (29.1.2001 for specified purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 4(2); S.I. 2001/116, art. 2(1)(2)

[F5 7A N.I. In section 7B references to the United Kingdom are to be read as references to Northern Ireland.]

Textual Amendments

F5 Sch. 1 Pt. II paras. 7, 7A substituted for para. 7 (29.1.2001 for specified purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 4(2); S.I. 2001/116, art. 2(1)(2)

8 N.I. In section 9, for subsection (1)(b) there is substituted—

“(b) a register of local electors for each district.”

Prospective

F6 8A N.I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Sch. 1 para. 8A omitted (1.10.2014) by virtue of Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 16(2)(a), 28; S.I. 2014/2613, art. 2(2)(c)

[F7 9 In section 12, the reference in subsection (2)(b) to any enactment includes an enactment comprised in Northern Ireland legislation.]

Textual Amendments

F7 Sch. 1 Pt. II paras. 9-11 repealed (29.1.2001 for specified purposes and otherwiseprosp.) by 2000 c. 2, ss. 8, 15, Sch. 3 para. 4(3), Sch. 7 Pt. III; S.I. 2001/116, art. 2(2)

[F8 10 In section 13—

(a) in subsection (1) “or, in Northern Ireland, of parliamentary electors” is omitted,

(b) in subsection (2) “parliamentary” is omitted, and

(c) in subsection (4) the reference to the Representation of the People Acts includes section 1 of this Act.]

Textual Amendments

F8 Sch. 1 Pt. II paras. 9-11 repealed (29.1.2001 for specifed purposes and otherwiseprosp.) by 2000 c. 2, ss. 8, 15, 17(3) Sch. 3 para. 4(3), Sch. 7 Pt. III; S.I. 2001/116, art. 2(2)

[F9 11 In section 14, the reference in subsection (2) to section 1(2) includes section 1(1)(a) of this Act.]

Textual Amendments

F9 Sch. 1 Pt. II paras. 9-11 repealed (29.1.2001 for specified purposes and otherwiseprosp.) by 2000 c. 2, ss. 8, 15, 17(3), Sch. 3 para. 4(3), Sch. 7 Pt. III; S.I. 2001/116, art. 2(2)

12 N.I. In section 49—

(a) in subsection (2), in paragraph (b) the reference to a local government area is to be read as a reference to a district and at the end of that subsection there is inserted—

“(c) whether or not a person registered as an elector in a district was during the whole of the period of three months ending on the qualifying date resident in Northern Ireland”, and

(b) in subsection (5) “or entered in the list of proxies” is omitted.

13 N.I. In section 50, for paragraph (c) there is substituted—

“(c) in any list, notice or other document required for the purposes of this Part of this Act”.

14 N.I. In section 53—

[F10 (a) in subsection (1)(a) omit the words from “and any special lists” to the end,

(b) for subsection (1)(b) substitute—

“(b) with respect to—

(i) the procedure to be followed in the preparation of the register, and

(ii) the place and manner of its publication; and;”.]

(c) in subsection (1)(c) “or to voting by post or proxy” is omitted.

Textual Amendments

F10 Sch. 1 Pt. II para. 14(a)(b) substituted (29.1.2001 for specified purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 4(4); S.I. 2001/116, art. 2(1)(2)

15 N.I. In section 54, in subsections (3) and (4) paragraph (a) is omitted.

16 In section 56—

(a) subsection (1)(b), and

(b) in subsection (4) the words from the beginning to “and”,

are omitted.

17 N.I. In section 59, in subsection (3)(a) the words from “and of” to the end are omitted.

18 N.I. In Schedule 2—

(a) in paragraph 5(2) “or with his appointment as a proxy”,

(b) paragraph 5A, and

(c) in paragraph 13(1)(a) “or paragraph 2”,

are omitted.