The Local Elections (Northern Ireland) Order 1985

PART I VOTING BY POST AND BY PROXY

Interpretation

1.  In this Part—

(a) “Act of 1983” means the Representation of the People Act 1983(1);

(b) a reference to a specified day before the day of the poll shall be calculated in accordance with rule 2 (computation of time) of the local elections rules;

(c) a reference to a numbered form is a reference to the form of that number in Part II of this Schedule; and

(d) a reference to the local elections rules means the rules in Schedule 5 to the Act of 1962 as substituted by Schedule 1.

Entitlement to absent vote for an indefinite period under Act of 1983

2.—(1) This paragraph applies to a local elector who—

(a) on the day of the poll for a local election is, or will be, also registered as an elector for the purposes of elections to the Parliament of the United Kingdom,

(b) is, in respect of that registration, entitled to an absent vote at those elections for an indefinite period by virtue of paragraph (a), (b) or (c) of subsection (2) or subsection (4) of section 20 of the Act of 1983,

(c) is included not later than noon on the eleventh day before the day of the poll in the record of absent voters kept by the Chief Electoral Officer as registration officer under section 20(5) of the Act of 1983 or, as the case may be, the record of electors for whom proxies have been appointed kept by that Officer under section 21(8) of that Act, and

in respect of whom that Officer has, before the time mentioned in paragraph (c), received an application in Form 1, requesting that the applicant's entitlement to vote by post or by proxy for an indefinite period at elections to the Parliament of the United Kingdom should also have effect for an indefinite period at local elections.

(2) A local elector—

(a) to whom sub-paragraph (1) applies, and

(b) who is entitled to vote by post for an indefinite period at elections to the Parliament of the United Kingdom

may, by virtue of this paragraph, vote by post at local elections for as long as he is so entitled to vote at elections to the Parliament of the United Kingdom; and the address given in the record under section 20(5) of the Act of 1983 as the address to which a ballot paper is to be sent shall be the address for that purpose at local elections.

(3) A local elector—

(a) to whom sub-paragraph (1) applies, and

(b) who is entitled to vote by proxy for an indefinite period at elections to the Parliament of the United Kingdom

may, by virtue of this paragraph, vote by proxy at local elections for as long as he is so entitled to vote at elections to the Parliament of the United Kingdom; and the proxy named in the record kept under section 21(8) of the Act of 1983 as the proxy appointed shall be the proxy for the purpose of local elections.

(4) The Chief Electoral Officer shall include the names of those electors who, at a local election, are—

(a) entitled to vote by post under the provisions of sub-paragraphs (1) and (2) in the list referred to in rule 24(2) of the local elections rules, and

(b) entitled to vote by proxy under the provisions of sub-paragraphs (1) and (3) in the list referred to in rule 24(1) of the local elections rules.

(5) The Chief Electoral Officer shall notify the applicant if he disallows his application under sub-paragraph (1).

Entitlement of proxy to vote by post/or an indefinite period under Act of 1983

3.—(1) This paragraph applies where a local elector is entitled to vote by proxy by virtue of paragraph 2(1) and (3) and that proxy—

(a) is entitled to vote by post as proxy at elections to the Parliament of the United Kingdom in respect of that elector for an indefinite period by virtue of subsections (6)(b) and (7) of section 22 of the Act of 1983,

(b) is included not later than noon on the eleventh day before the day of the poll in the record of persons whose applications to vote by post as proxy are for the time being allowed, kept by the Chief Electoral Officer as registration officer under section 22(8) of the Act of 1983, and

in respect of whom that Officer has, before the time mentioned in paragraph (b), received an application in Form 2, requesting that the applicant's entitlement to vote by post as proxy for an indefinite period at elections to the Parliament of the United Kingdom should also have effect for an indefinite period at local elections.

(2) A proxy to whom sub-paragraph (1) applies may, by virtue of this paragraph, vote by post as proxy at local elections for as long as he is so entitled to vote at elections to the Parliament of the United Kingdom; and the address given in the record kept under section 22(8) of the Act of 1983 as the address to which a ballot paper is to be sent shall be the address for that purpose at local elections.

(3) The Chief Electoral Officer shall include the names of those proxies who are entitled to vote by post at a local election under the provisions of this paragraph in the list referred to in rule 24(2) of the local elections rules.

(4) The Chief Electoral Officer shall notify an applicant if he disallows his application under sub-paragraph (1).

Absent vote at a particular local election

4.—(1) Where a person applies to the Chief Electoral Officer to vote by post, or to vote by proxy, at a particular local election, the Chief Electoral Officer shall grant the application if—

(a) he is satisfied that the applicant is a person to whom this paragraph applies,

(b) he is satisfied that the applicant is or will be registered in the register of local electors,

(c) in the case of an application to vote by post, the applicant has provided an address in the United Kingdom as an address to which his ballot paper is to be sent, and

(d) the application meets the requirements of paragraphs 9 and 10.

(2) This paragraph applies to the following persons—

(a) any person who cannot reasonably be expected to go in person to the polling station allotted or likely to be allotted to him under the local elections rules for one of the following reasons, that is—

(i) the general nature of his occupation, service or employment or that of his spouse,

(ii) his service as a member of any of Her Majesty's reserve or auxiliary forces,

(iii) the particular circumstances of his employment on the date of the poll either as a constable or, for a purpose connected with the election, by the returning officer, and

(iv) religious observance,

(b) any person who cannot reasonably be expected—

(i) to go in person to the polling station allotted or likely to be allotted to him under the local elections rules; or

(ii) to vote unaided there

by reason of blindness or other physical incapacity,

(c) any person who is a patient or inmate in any hospital or institution in Northern Ireland, and

(d) any person who is unable to go in person from his qualifying address to the polling station without making a journey by air or sea.

(3) The Chief Electoral Officer shall notify the applicant if he disallows his application under this paragraph.

Service elector's application to vote by post at a particular election

5.—(1) An elector who

(a) is registered as a local elector by virtue of a service qualification,

(b) is, under sub-paragraphs (1) and (3) of paragraph 2, entitled to vote by proxy at local elections by virtue of being so entitled to vote at elections to the Parliament of the United Kingdom,

may, not later than noon on the eleventh day before the day of the poll, apply to the Chief Electoral Officer by means of Form 3 for the purpose of voting by post at a particular local election.

(2) The Chief Electoral Officer shall grant an application under sub-paragraph (1) if—

(a) he is satisfied that the applicant is a person to whom sub-paragraph (1) applies and that he is or will be registered in the register of local electors by virtue of a service qualification,

(b) the applicant has provided an address in the United Kingdom as an address to which his ballot paper is to be sent, and

(c) the application was made in the form and received by the Chief Electoral Officer in the time specified in sub-paragraph (1).

(3) The Chief Electoral Officer shall notify the applicant if he disallows his application under sub-paragraph (1).

Appointment of proxies under paragraph 4

6.—(1) This paragraph applies to the appointment of proxies under paragraph 4.

(2) Subject to the provisions of this paragraph, any person is capable of being appointed proxy to vote for another (in this paragraph referred to as “the elector”) at a local election and may vote in pursuance of the appointment.

(3) The elector cannot have more than one person appointed to vote for him at any particular local election.

(4) A person is not capable of being appointed to vote, or voting, as proxy at a local election—

(a) if he is subject to any legal incapacity (age apart) to vote at that election as an elector; or

(b) if he is neither a Commonwealth citizen nor a citizen of the Republic of Ireland.

(5) An elector shall apply to the Chief Electoral Officer for the appointment of a proxy to vote for him at a particular local election by means of completing Part II of Forms 5, 6 or 7, which Part should be signed by the person consenting to act as the elector's proxy.

(6) The Chief Electoral Officer shall make the appointment if he is satisfied that the application satisfies the requirements of paragraphs 4, 9 and 10 and that the proxy is capable of being and willing to be appointed.

(7) The appointment of the proxy under this paragraph is to be made by means of a proxy paper in Form 4 issued by the Chief Electoral Officer.

(8) The appointment shall remain in force for the particular local election for which it was made.

(9) If for any reason the Chief Electoral Officer does not issue a proxy paper under sub-paragraph (7), he shall notify the elector why he has not done so.

Voting by proxy

7.—(1) A person entitled to vote as proxy at a local election, whether by virtue of paragraph 2(1) and (3) or paragraph 6, may do so in person at the polling station allotted to the elector under the local elections rules unless he is entitled to vote by post as proxy for the elector at the election, in which case he may vote by post.

(2) A person is not capable of voting as proxy at any such election unless on the day of the poll he has attained the age of 18.

(3) A person is not entitled to vote as proxy at the same local election in any district electoral area on behalf of more than two electors of whom that person is not the husband, wife, parent, grandparent, brother, sister, child or grandchild.

(4) Where a person is entitled to vote by post as proxy for the elector at any election, the elector may not apply for a ballot paper for the purpose of voting in person at the election.

(5) A person entitled to vote as proxy for another at a local election is entitled so to vote by post if he is included in the list of proxies entitled to vote by post at the election kept under rule 24(2) of the local elections rules.

(6) Where a person applies to the Chief Electoral Officer to vote by post as proxy at a particular election and the application meets the requirements of sub-paragraph (7) and paragraphs 9 and 10, he shall grant the application if the applicant has provided an address in the United Kingdom as an address to which his ballot paper is to be sent, and either—

(a) that address is not in the same district electoral area as the elector's qualifying address, or

(b) the applicant is, or the Chief Electoral Officer is satisfied that he will be, included as an elector in the absent voters lists kept under rule 24 of the local elections rules for the election in question.

(7) The Chief Electoral Officer shall not grant an application under this paragraph unless—

(a) he is satisfied that the elector is or will be registered in the register of local electors,

(b) the application is in Form 8, and

(c) there is in force an appointment of the applicant as the elector's proxy to vote for him at the particular local election concerned.

(8) The Chief Electoral Officer shall notify an applicant if he disallows an application under sub-paragraphs (6) and (7).

List of proxies and postal voters and notifications

8.—(1) The Chief Electoral Officer shall include the names of those electors who, at a local election, are—

(a) entitled to vote by post under the provisions of paragraphs 4 and 5, in the list referred to in rule 24(2) of the local elections rules; and

(b) entitled to vote by proxy under the provisions of paragraphs 4 and 6, in the list referred to in rule 24(1) of the local elections rules.

(2) The Chief Electoral Officer shall include the names of those proxies who are entitled to vote by post at a local election under the provisions of Article 7 in the list referred to in rule 24(2) of the local elections rules.

(3) As soon as may be after the issue of a proxy paper under paragraph 6(7) the Chief Electoral Officer shall send a notice of the fact to the elector.

Applications under paragraph 4

9.—(1) An application under paragraph 4 to vote by post or vote by proxy at a particular election shall be made in—

(a) Form 5 in any case where the application is based on the grounds in paragraph 4(2)(a);

(b) Form 6 in any case where the application is based on the grounds in paragraph 4(2)(b) or (c); and

(c) Form 7 in any case where the application is based on the grounds in paragraph 4(2)(d).

(2) An application to be treated as an absent voter based on the ground of religious observance shall not be allowed by the Chief Electoral Officer unless it is accompanied by a certificate signed by a minister of the applicant's religious denomination certifying the nature and times of the religious observances and that the applicant is bound to observe them.

(3) An application to be treated as an absent voter based on the ground that the applicant is a patient or inmate in a hospital or institution in Northern Ireland shall not be allowed by the Chief Electoral Officer unless it is accompanied by a declaration, signed by a registered medical practitioner who has responsibility for the applicant or who has examined him, declaring that the applicant is such a patient.

(4) An application to be treated as an absent voter based on the ground of blindness or physical incapacity shall not be allowed by the Chief Electoral Officer unless it is accompanied by a declaration signed by a registered medical practitioner or by a Christian Science practitioner declaring—

(a) that the applicant cannot reasonably be expected by reason of blindness or other physical incapacity to go in person to the polling station allotted to him, or, if able to go, to vote there unaided; and

(b) that, in the case of a registered medical practitioner, the applicant is registered with him as that practitioner or, in either case, that he has examined the applicant immediately before making the declaration.

Disregard of applications

10.  An application to vote by post or by proxy under paragraph 4, or by a proxy to vote by post under paragraph 7, shall be disregarded if it is received by the Chief Electoral Officer after noon on the eleventh day before the day of the poll.

Absent voters lists

11.  As soon as the absent voters lists (within the meaning of rule 24 of the local elections rules) have been prepared, the Chief Electoral Officer shall publish them by making a copy of them available for inspection at his office; and, as soon as practicable after that, he shall, on request and free of charge, supply a copy of them to each candidate or his election agent.

Marked register of electors for polling stations

12.  In any copy of the register or part of it that is provided for a polling station there shall be placed—

(a) against the name of any elector who is, or whose proxy is, entitled to vote by post the letter “A”; and

(b) against the name of any elector on behalf of whom a proxy has been appointed the letter “P”.

Offences

13.  A person who makes a statement which he knows to be false in any declaration or form in Part II which is used for the purposes of this Part is guilty of an offence and 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).

(1)

1983 c. 2.