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Elected Authorities (Northern Ireland) Act 1989

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Section 2.

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

Part IN.I. Provisions applied

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

[F1Section 3A(1) and (4) to (7) (disfranchisement of offenders detained in mental hospitals).]

Textual Amendments

F1Entries 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 [[F3Section 4(3) ] to (6) (entitlement to be registered). ]

Textual Amendments

F2Entries 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, [F49B, 9C,][F59A,]10, [F6 10ZA, 10ZB, ] [F710ZF,] 10A [F8 , [F910B,] 13 [F10 , 13A, 13BA ] and 13D ] (preparation, publication and alteration of registers [F11 and related offences ] ). ]

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), [F12 1A, ][F132B,] 3, 3A,[F143B,] 4 to 11A and 13 (regulations as to registration). ]

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

[F15Section 58 (registration appeals: Northern Ireland).]

Textual Amendments

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

Section 62 (offences as to declarations).

[F1Section 180A (evidence by certificate of electoral registration).]

Section 201 (regulations) and, in section 202(1), [F16the definitions of[F17“anonymous entry”,]dwelling”, “prescribed” and “qualifying address].

Textual Amendments

F16Words 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)

[F18Sections 203A and 203B (meaning of “qualifying EU citizen” and “EU citizen with retained rights”).

Schedule 6A (list of countries for the purposes of section 203A).]

Part IIN.I. Modifications

GeneralN.I.

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

2N.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.

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

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

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

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

SpecificN.I.

[F197F20(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

[F21(1A)In section 4(3)(c)—

(a)in sub-paragraph (i), omit “in relation to a local government election in England,”, and

(b)omit sub-paragraph (ii) (and the “or” preceding it).]

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

Textual Amendments

F19Sch. 1 Pt. 2 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)

[F227AN.I.In section 7B—

(a)references to the United Kingdom are to be read as references to Northern Ireland;

(b)in subsection (3)(e)—

(i)in sub-paragraph (i), omit “in England,”, and

(ii)omit sub-paragraph (ii) (and the “or” preceding it);

(c)in subsection (7)(a)—

(i)in sub-paragraph (i), omit “in England,”, and

(ii)omit sub-paragraph (ii) (and the “or” preceding it).]

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

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

Prospective

F238AN.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F249N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24Sch. 1 Pt. 2 paras. 9-11 repealed (29.1.2001 for specified purposes and otherwise 16.2.2001) by 2000 c. 2, ss. 8, 15, Sch. 3 para. 4(3), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1)(2)

F2510N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25Sch. 1 Pt. 2 paras. 9-11 repealed (29.1.2001 for specifed purposes and otherwise 16.2.2001) by 2000 c. 2, ss. 8, 15, Sch. 3 para. 4(3), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1)(2)

F2611N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26Sch. 1 Pt. 2 paras. 9-11 repealed (29.1.2001 for specified purposes and otherwise 16.2.2001) by 2000 c. 2, ss. 8, 15, Sch. 3 para. 4(3), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1)(2)

[F2711AN.I.In section 15(5)(a)—

(a)in sub-paragraph (i), omit “in England,”, and

(b)omit sub-paragraph (ii) (and the “or” preceding it).

11BN.I.In section 17(1)(c)—

(a)in sub-paragraph (i), omit “in England,”, and

(b)omit sub-paragraph (ii) (and the “or” preceding it).]

12N.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

[F28(b)in subsection (5)—

(i)in the first sentence, omit “, or entered in the list of proxies,”,

(ii)in paragraph (b)(iiia), omit “in England or entered in the list of proxies”, and

(iii)omit paragraph (b)(iv).]

13N.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.

14N.I.In section 53—

[F29(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;”.]

[F30(ba)subsection (1)(ba) is omitted;]

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

Textual Amendments

F29Sch. 1 Pt. 2 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)

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

[F3116N.I.In section 58, omit [F32subsection (1)(bb) and (c)] and after subsection (2) insert—

(2A)No appeal lies from the decision of the Court of Appeal on appeal from a decision of the county court under this section..]

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

F3318N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33Sch. 1 Pt. 2 para. 18A substituted for Sch. 1 Pt. 2 para. 18 (27.8.2022) by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 30(4); S.I. 2022/916, art. 2(f)(ii)

[F3318AN.I.In Schedule 2, references to applications under sections 13BD, 13BE and 13C and documents or cards issued under any of those sections are to be disregarded, and the following are omitted—

(a)in paragraph 1A—

(i)sub-paragraph (1A)(b)(iii);

(ii)in sub-paragraph (6), “or a relevant absent voting application”;

(iii)sub-paragraphs (7)(a) and (8);

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

(c)paragraphs 5ZA and 5A;

(d)in paragraph 13(1)(a), “or paragraph 2”.]

Textual Amendments

F33Sch. 1 Pt. 2 para. 18A substituted for Sch. 1 Pt. 2 para. 18 (27.8.2022) by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 30(4); S.I. 2022/916, art. 2(f)(ii)

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