The Local Elections (Northern Ireland) Order 1985

Citation, commencement and extent

1.—(1) This Order may be cited as the Local Elections (Northern Ireland) Order 1985 and shall come into operation on the seventh day after the day on which it is made.

(2) This Order extends to Northern Ireland only.

Interpretation

2.—(1) The Interpretation Act (Northern Ireland) 1954(1) shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order “the Act of 1962” means the Electoral Law Act (Northern Ireland) 1962(2).

(3) In this Order expressions have the same meaning as in the Act of 1962.

Revocations

3.—(1) The provisions of the Northern Ireland (Local Elections) Order 1977(3), except Article 3 of, and Schedule 1 to, that Order shall cease to have effect on the coming into operation of this Order and that Order shall be revoked on 15th May 1985.

(2) The Northern Ireland (Variation of Limits of Candidates' Election Expenses) Order 1981(4) is hereby revoked.

Local elections rules

4.  For the local elections rules set out in Schedule 5 to the Act of 1962(5) there shall be substituted the rules set out in Schedule 1.

District electoral areas

5.  At a local election there shall be a separate election for each district electoral area and each such area shall return such number of councillors as is provided by the Order in Council under section 38(1)(a) of the Northern Ireland Constitution Act 1973 constituting the area in question.

Manner of voting

6.—(1) A local elector may vote in person at the polling station allotted to him under the local elections rules in Schedule 5 to the Act of 1962 (as substituted by Schedule 1) unless he is entitled as an elector to an absent vote at the election.

(2) He may vote by post if he is entitled as an elector to vote by post at the election.

(3) If he is entitled to vote by proxy at the election, he may so vote unless, before a ballot paper has been issued for him to vote by proxy, he applies at the polling station allotted to him for a ballot paper for the purpose of voting in person, in which case he may vote in person there.

(4) The provisions of Parts I and II of Schedule 2 shall have effect as respects the entitlement to vote by post or to vote by proxy at a local election and as respects the appointment of proxies and voting by post or by proxy.

(5) Accordingly, at the end of section 67 of the Act of 1962 (voting by proxy)(6), there shall be added the following subsection—

“(5) This section and Schedule 7 shall not apply at a local election.”.

(6) A local elector shall not be entitled to vote in person as an elector where he has applied to be treated as an absent voter and is entitled in pursuance of the application to vote by post.

(7) If a local elector is not entitled as an elector to vote by post or by proxy at the election but is unable or likely to be unable to go to the polling station allotted to him by reason of the particular circumstances of his duties on the date of the poll either—

(a) as a constable,

(b) as a member of Her Majesty's forces (including Her Majesty's reserve or auxiliary forces) in connection with the election, or

(c) by reason of his employment by the returning officer in connection with the election,

he may vote in person as elector at any polling station in the district electoral area.

(8) The proceedings in connection with the issue and receipt of postal ballot papers at a local election shall be conducted in accordance with Part III of Schedule 2.

Election day

7.—(1) In section 11 of the Act of 1962 (election and term of office of members of district councils)(7), after subsection (1) there shall be inserted:

“(1A) The election day referred to in subsection (1) is the third Wednesday in May.”.

(2) In section 130(1) of the Act of 1962 (interpretation), after the definition of “election court” there shall be inserted:

““election day” has the meaning given in section 11(1) and (1A);”.

Variation of certain time limits

8.—(1) In section 23(7) of the Act of 1962 (returning officer at local election to submit account of expenses to local authority within three months of the declaration of the result of the election), for the words “three months” there shall be substituted the words “six months”.

(2) At the end of section 24(1) of the Act of 1962 (time during which claims must be made against the returning officer), there shall be added the words “In the case of a local election, this subsection shall have effect as if, for the period of twenty-one days referred to above, there were substituted a period of forty-two days”.

Limit on candidates' election expenses

9.  In section 42(1) of the Act of 1962 (limit on candidates' election expenses at an election)(8), for the words from “current register” to the end there shall be substituted the words "current register, and for a candidate at a local election is £135 together with an additional 2.8p for every entry in the register of electors to be used at the election (as first published)".

Fee for inspection of returns and declarations as to election expenses

10.  In subsection (1) of section 52 of the Act of 1962 (inspection of returns and declarations)(9), after the words “5p” and after the words “1p” there shall be inserted the words “in the case of a return or declaration relating to a parliamentary election,” and at the end of the subsection there shall be inserted the following:—

“Where the return or declaration relates to a local election, the fee for inspection shall be £1 and the price of copies shall be 10p for each side of each page.”.

Right to send election address post free

11.  In subsection (1) of section 53 of the Act of 1962 (right to send election address post free), after the word “parliamentary” there shall be inserted the words “or local”.

Deposit

12.—(1) In section 60 of the Act of 1962 (candidates' deposit), in subsection (1) after the word “election” there shall be inserted the words “(other than a local election)”; and in subsection (3), paragraph (b) shall cease to have effect.

(2) In section 61 of the Act of 1962 (return or disposal of deposit)—

(a) in subsection (1) the words “or Local Elections Rules as the case may be”,

(b) in subsection (3), paragraph (b),

(c) in subsection (5), paragraph (b), and

(d) in subsection (8), paragraph (c),

shall cease to have effect.

Disapplication of section 110 of the Act of 1962

13.  Section 110 of the Act of 1962 (compensation where charge of personation is unjustly made or not prosecuted) shall not apply at a local election and accordingly in subsection ( 1) of that section the words “or Rule 37 of the Local Elections Rules” shall be omitted.

Voting offences

14.—(1) The following amendments shall be made to Schedule 9 to the Act of 1962 (electoral offences).

(2) In sub-paragraph (a) of paragraph 5 (offences as to proxy voting) after the word “parliamentary” there shall be inserted the words “or local”.

(3) In paragraph 10(1) (offences in connection with legal incapacity to vote):—

(a) at the end of paragraph (a), there shall be added the words “or votes by post at a local election”, and

(b) in paragraph (b), after the word “parliamentary” there shall be inserted the words “or local”.

(4) In paragraph I I(b) (voting in person where entitled to vote by post) after the word “parliamentary” there shall be inserted the words “or local”.

(5) In paragraph 12(1)(b) (voting as proxy for person subject to legal incapacity), after the word “votes” there shall be inserted the words “(at a local election, whether in person or by post)”.

(6) After paragraph 12 (proxy offences) there shall be inserted the following paragraph:—

“12A.— (1) For the purposes of the offences in sub-paragraphs (c) and (d) of paragraph 11 (voting offences as elector at local elections) and sub-paragraph (d) of paragraph 12(2) (voting offence as proxy at local elections) a person who has applied for a ballot paper for the purpose of voting in person, or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, shall be deemed to have voted.

(2) Where a person is alleged to have committed an offence under the provisions referred to in sub-paragraph (1) by voting on a second or subsequent occasion, he shall not be deemed by virtue of that sub-paragraph to have voted by applying on a previous occasion for a ballot paper for the purpose of voting in person unless he then marked a tendered ballot paper under rule 37(4) of the local elections rules.”.

Offences relating to specified documents

15.—(1) A person commits an offence if, on the day of or the day next preceding the poll at a local election, he has possession of a document to which this Article applies, with the intention of committing or of enabling another person to commit the offence of personation at the election.

(2) This Article applies to—

(a) a document which is not, but purports to be, a specified document within the meaning of rule 34 of the local elections rules in Schedule 5 to the Act of 1962 (as substituted by Schedule 1), and

(b) a specified document within the meaning of that rule which either falsely bears the name of the person in possession or does not bear that name.

(3) If a constable has reasonable grounds for suspecting that a person has possession of a document in contravention of paragraph (1), the constable may—

(a) search that person, and detain him for the purpose of searching him;

(b) search any vehicle in which the constable suspects that the document may be found, and for that purpose require the person in control of the vehicle to stop it;

(c) seize and retain, for the purpose of proceedings for an offence under paragraph (1), any document found in the course of the search if there are reasonable grounds for suspecting that it is a document to which this Article applies.

(4) If a resident magistrate is satisfied by complaint on oath that there are reasonable grounds for suspecting that a person has possession on any premises of a document in contravention of paragraph (1), he may grant a warrant authorising any constable—

(a) to enter, if need be by force, the premises named in the warrant,

(b) to search the premises and any person found there, and

(c) to seize and retain, for the purpose of proceedings for an offence under paragraph (1), any document found in the course of the search if there are reasonable grounds for suspecting that it is a document to which this Article applies.

(5) A person commits an offence if he—

(a) intentionally obstructs a constable in the exercise of his powers under this Article, or

(b) conceals from a constable acting in the exercise of those powers any document to which this Article applies.

(6) A constable may arrest without warrant a person who has committed, or whom the constable has reasonable grounds for suspecting to have committed, an offence under paragraph (1) or (5) if—

(a) he has reasonable grounds for believing that that person will abscond unless arrested,

(b) the name and address of that person are unknown to, and cannot be ascertained by, him, or

(c) he is not satisfied that a name and address furnished by that person as his name and address are true.

(7) A person is guilty of a corrupt practice if he commits or aids, abets, counsels or procures the commission of an offence under paragraph (1); and the provisions of the Act of 1962 relating to corrupt practices shall apply in such a case, but reading for the words “one year” in section 108(2) (penalty on indictment) the words “two years”.

(8) A person guilty of an offence under paragraph (5) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale (as provided by Article 5 of the Fines and Penalties (Northern Ireland) Order 1984(10)) or to imprisonment for a term not exceeding 6 months or to both.

(9) A prosecution shall not be instituted in respect of an offence under paragraph (1) except by or with the consent of the Director of Public Prosecutions for Northern Ireland.

(10) In this Article—

“premises” includes any place and, in particular, includes any movable structure, and

“vehicle” means a vehicle intended or adapted for use on land (however propelled, and including a caravan or other vehicle intended or adapted to be drawn).

Consequential amendments to Act of 1962

16.—(1) The following amendments in consequence of the provisions of this Order shall be made to the Act of 1962.

(2) In section 11(3) (effect of death of candidate)(11) for the words from the beginning to “adjourned” there shall be substituted the words "If the poll at an election in any district electoral area is countermanded or abandoned by reason of a candidate's death".

(3) In section 14A(2) (discharge of functions of Chief Electoral Officer)(12) for the words “Rule 22 of Schedule 5” there shall be substituted the words “rule 23 of the local elections rules”.

(4) In section 29(8) (power to refuse to issue a ballot paper) for the words “Rules 31, 35 and 37 of the Local Elections Rules” there shall be substituted the words “rule 32 and paragraphs (2) to (7) of rule 34 (including those paragraphs as applied by rules 35, 36 and 37) of the local elections rules”.

(5) In section 42(3) (limitation on election expenses), after the words “of expenses” there shall be inserted “(a) at a parliamentary election” and at the end there shall be inserted the following:—

“and

(b) at a local election shall, for each of two or more joint candidates, be reduced by one-fourth or, if there are more than two joint candidates, by one-third.”.

(6) In section 72(3)(c) (persons not qualified to act at election court for trial of petition relating to local election) for the word “ward” there shall be substituted the words “district electoral area”.

(7) In section 130(1) (interpretation)—

(a) in the definition of “current register” for the words after “constituency” to the end of the definition there shall be substituted the words “or district electoral area for which the election is being held”;

(b) in the definition of “election” for the words from “local election means” to the end of the definition there shall be substituted the words “local election means an election in a district electoral area”; and

(c) in the definition of “local election” for the words from “an election” to “for a” there shall be substituted the words “an election in a district electoral area for a”.

(8) In Schedule 10—

(a) in Forms 2, 3 and 4(13) for the words “ward of district” there shall be substituted the words “district electoral area”, and

(b) in Form 5 after the word “constituency” there shall be inserted the words "or ... district electoral area".

Consequential amendment to the Local Government Act (Northern Ireland) 1972

17.  In section 1(1)(a) of the Local Government Act (Northern Ireland) 1972 (district councils)(14), for sub-paragraphs (i) and (ia) there shall be substituted:

“(i) elected by the local electors (within the meaning of section 130(1) of the Electoral Law Act (Northern Ireland) 1962) in each district electoral area in the district in accordance with the provisions of the Electoral Law Acts (Northern Ireland) 1962 to 1971 and the provisions of the Local Elections (Northern Ireland) Order 1985;”;

Provided that nothing in this Article shall affect the tenure of office of any member of a district council elected before election day in 1985.

Consequential amendments to Electoral Law (Northern Ireland) Order 1972

18.—(1) The following amendments in consequence of the provisions of this Order shall be made to the Electoral Law (Northern Ireland) Order 1972(15).

(2) Article 3(2) and Schedule 1 (timetable for local elections and computation of time) shall cease to have effect.

(3) Article 8(2) (description of candidate in nomination paper and on ballot paper) shall cease to have effect.

(4) Article 10 (deposits by candidates at local elections) shall cease to have effect.

(5) In Article 11 (period for delivery of nomination papers) the words “and local” shall be omitted.

(6) In Article 14 (hours of polling) the words “or local” and the words from “and in paragraph (3)” to the end shall be omitted.

G. I. de Deney,

Clerk of the Privy Council.