Northern Ireland Assembly
5Statements by prospective members of Assembly
1
The Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599) is amended as follows.
2
In article 6 (vacancies filled by substitutes)—
a
in paragraph (2), for the words from “state in writing” to the end substitute “make a statement of readiness”;
b
in paragraph (3)—
i
in sub-paragraph (a)(ii), for the words from “in writing” to “Assembly” substitute “of readiness”;
ii
in sub-paragraph (b), for “is not willing or able to be so returned” substitute “will not make a statement of readiness,”;
c
in paragraph (4)—
i
for “states in writing” substitute “makes a statement of readiness”;
ii
omit “that he is willing and able to be returned as a member of the Assembly”;
d
in paragraph (5)—
i
in the opening words: after “a statement” insert “of readiness”; and omit “that he is willing and able to be returned as a member of the Assembly”;
ii
in sub-paragraph (a), for “is not willing and able to be so returned” substitute “will not make a statement of readiness”;
iii
in sub-paragraph (b), for “in writing that he is willing and able to be so returned” substitute “of readiness”;
e
after paragraph (6) insert—
7
In this article and article 6B “statement of readiness” means a statement in writing by a person (“P”)—
a
that P is willing and able to be returned as a member of the Assembly,
b
that P is aware of the provisions of the Northern Ireland Assembly Disqualification Act 1975 and section 36 of the Northern Ireland Act 1998, and
c
that P is, to the best of P’s knowledge and belief, not disqualified for membership of the Assembly.
3
In article 6B (vacancies arising during an Assembly term: members of registered parties)—
a
in paragraph (3), for the words “in writing” to the end substitute
with—
a
a statement of readiness, or
b
a statement in writing that he will not make a statement of readiness.
b
for paragraph (4)(a) and (b) substitute—
a
does not respond within such period as the Officer considers reasonable with a statement of the kind mentioned in paragraph (3)(a) or (b), or
b
responds within such a period with a statement of the kind mentioned in paragraph (3)(b).
c
in paragraph (6), for the words from “does” to “Assembly” substitute “responds within such period as the Officer considers reasonable with a statement of the kind mentioned in paragraph (3)(a)”.
4
Schedule 1 (application with modifications of provisions of the Representation of the People Act 1983 etc) is amended as follows.
5
In the entry for section 65A (false statements in nomination papers etc), in the second column, insert
For subsection (1B)(c) substitute—
c
that he is, to the best of his knowledge and belief, not disqualified for membership of the Assembly, or
6
In the entry for rule 8 of the parliamentary elections rules (consent to nomination), in the second column, for the first sentence substitute
For paragraph (3)(b) substitute—
b
shall state that he is aware of the provisions of the Northern Ireland Assembly Disqualification Act 1975 and section 36 of the Northern Ireland Act 1998; and
ba
shall state either—
i
that he is, to the best of his knowledge and belief, not disqualified for membership of the Assembly, or