Search Legislation

The Local Elections (Northern Ireland) (Amendment) Order 1987

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
 Help about opening options

Opening OptionsExpand opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Article 5(5).

SCHEDULE 2Provisions substituted for Part I of Schedule 2 to the Local Elections (Northern Ireland) Order 1985

Part IVOTING BY POST, BY PROXY AND BY POST AS PROXY

Absent vote at local elections for indefinite period

1.(1) Where a person applies to the Chief Electoral Officer to vote by post, or to vote by proxy, at local elections for an indefinite period, the Chief Electoral Officer shall grant the application (subject to sub-paragraph (6)) if—

(a)he is satisfied that the applicant is eligible for an absent vote at such elections for an indefinite period,

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

(c)the application meets the requirements set out in paragraphs 5 to 11.

(2) For the purposes of this paragraph, a person is eligible for an absent vote at local elections for an indefinite period—

(a)if he is or will be registered as a service elector,

(b)if he 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)if he cannot reasonably be expected to go in person to that polling station by reason of the general nature of his occupation, service or employment or that of his spouse, or

(d)if he cannot go in person from his qualifying address to that polling station without making a journey by air or sea.

(3) The Chief Electoral Officer shall keep a record of those whose applications under this paragraph have been granted showing—

(a)in the case of those who may vote by post, the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent, and

(b)in the case of those who may vote by proxy, the names and addresses of those appointed as their proxies.

(4) The Chief Electoral Officer shall remove a person from the record kept under sub-paragraph (3)—

(a)if he applies to the Chief Electoral Officer to be removed,

(b)in the case of any registered person, if he ceases to be registered at the same qualifying address or ceases to be, or becomes, registered as a service elector, or

(c)if the Chief Electoral Officer gives notice that he has reason to believe there has been a material change of circumstances.

(5) A person shown in the record kept under sub-paragraph (3) as voting by post or, as the case may be, voting by proxy may subsequently alter his choice (subject to sub-paragraph (6)) on an application to the Chief Electoral Officer that meets the requirements set out in paragraphs 5 to 11 and the Chief Electoral Officer shall amend the record accordingly.

(6) A person applying to vote by post must provide an address in the United Kingdom as the address to which his ballot paper is to be sent.

Absent vote at a particular local election and absent voters list

2.(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 (subject to sub-paragraph (5)) if—

(a)he is satisfied that the applicant’s circumstances on the date of the poll will be or are likely to be such that he cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to him under the local elections rules,

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

(c)the application meets the requirements set out in paragraphs 5 to 11.

(2) Sub-paragraph (1) does not apply to a person who is included in the record kept under paragraph 1, but such a person may, in respect of a particular local election apply to the Chief Electoral Officer—

(a)for his ballot paper to be sent to a different address in the United Kingdom, or

(b)to vote by proxy

if he is shown in the record so kept as voting by post.

(3) The Chief Electoral Officer shall grant an application under sub-paragraph (2) if it meets the requirements set out in paragraphs 5 to 11.

(4) The Chief Electoral Officer shall, in respect of each local election, keep a special list (“the absent voters list”) consisting of—

(a)a list of—

(i)those whose applications under sub-paragraph (1) to vote by post at the election have been granted, together with the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent, and

(ii)those who are for the time being shown in the record kept under paragraph 1 as voting by post (excluding those so shown whose applications under sub-paragraph (2) to vote by proxy at the election have been granted), together with the addresses provided by them in their applications under that paragraph or, as the case may be, sub-paragraph (2) as the addresses to which their ballot papers are to be sent, and

(b)a list (“the list of proxies”) of those whose applications under this paragraph to vote by proxy at the election have been granted or who are for the time being shown in the record kept under paragraph 1 as voting by proxy, together with the names and addresses of those appointed as their proxies.

(5) A person applying to vote by post must provide an address in the United Kingdom as the address to which his ballot paper is to be sent.

Proxies at local elections

3.(1) Subject to the provisions of this paragraph, any person is capable of being appointed proxy to vote for another (in this paragraph and paragraph 4 referred to as “the elector”) at any local election and may vote in pursuance of the appointment.

(2) 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 the election as an elector, or

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

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

(4) 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.

(5) Where the elector applies to the Chief Electoral Officer for the appointment of a proxy to vote for him at local elections for an indefinite period, the Chief Electoral Officer shall make the appointment if the application meets the requirements set out in paragraphs 5 to 11 and he is satisfied that the elector is or will be—

(a)registered in the register of local electors, and

(b)shown in the record kept under paragraph 1 as voting by proxy at local elections,

and that the proxy is capable of being and willing to be appointed to vote as proxy at such elections.

(6) Where the elector applies to the Chief Electoral Officer for the appointment of a proxy to vote for him at a particular local election, the Chief Electoral Officer shall make the appointment if the application meets the requirements set out in paragraphs 5 to 11 and he is satisfied that the elector is or will be—

(a)registered in the register of local electors, and

(b)entitled to vote by proxy at that election by virtue of an application under paragraph 2,

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 the form in the Appendix to this Part, or a form to the like effect, issued by the Chief Electoral Officer.

(8) The appointment may be cancelled by the elector by giving notice to the Chief Electoral Officer and shall also cease to be in force on the issue of a proxy paper appointing a different person to vote for him at a local election or local elections in the same district electoral area.

(9) Subject to sub-paragraph (8) the appointment shall remain in force—

(a)in the case of an appointment for a particular election, for that election, and

(b)in any other case, while the elector is shown as voting by proxy in the record kept under paragraph 1 in pursuance of the same application under that paragraph.

Voting as proxy

4.(1) A person entitled to vote as proxy at a local election 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) Where a person in 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.

(3) For the purposes of this Order and the Act of 1962, 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 kept under sub-paragraph (8) in respect of the election.

(4) Where a person applies to the Chief Electoral Officer to vote by post as proxy at local elections for an indefinite period, the Chief Electoral Officer shall (subject to sub-paragraphs (9) and (11)) grant the application if—

(a)the applicant is included in the record kept under paragraph 1 in respect of the district electoral area, or

(b)the address provided by the applicant in his application as the address to which his ballot paper is to be sent is not in the same ward as the elector’s qualifying address,

and the application meets the requirements set out in paragraphs 5 to 11.

(5) The Chief Electoral Officer shall keep a record of those whose applications under sub-paragraph (4) have been granted showing the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent.

(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 set out in paragraphs 5 to 11, the Chief Electoral Officer shall (subject to sub-paragraphs (9) and (11)) grant the application if—

(a)he is satisfied that the applicant’s circumstances on the date of the poll will be or are likely to be such that he cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to the elector under the local elections rules, or

(b)the applicant is, or the Chief Electoral Officer is satisfied that he will be, included in respect of the district electoral area in the absent voters lists for that election.

(7) Where, in the case of a particular election, a person included in the record kept under sub-paragraph (5) applies to the Chief Electoral Officer for his ballot paper to be sent to a different address in the United Kingdom, the Chief Electoral Officer shall grant the application if it meets the requirements set out in paragraphs 5 to 11.

(8) The Chief Electoral Officer shall, in respect of each local election keep a special list of—

(a)those who are for the time being included in the record kept under sub-paragraph (5), together with the addresses provided by them in their applications under that sub-paragraph or, as the case may be, sub-paragraph (7) as the addresses to which their ballot papers are to be sent, and

(b)those whose applications under sub-paragraph (6) have been granted in respect of the election concerned, together with the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent.

(9) The Chief Electoral Officer shall not grant any application under this paragraph unless—

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

(b)there is in force an appointment of the applicant as the elector’s proxy to vote for him at local elections or, as the case may be, the election concerned.

(10) The Chief Electoral Officer shall remove a person from the record kept under sub-paragraph (5)—

(a)if he applies to the Chief Electoral Officer to be removed,

(b)where he was included in the record on the ground mentioned in sub-paragraph (4)(a), if he ceases to be included in any record kept under paragraph 1 in respect of the district electoral area or becomes so included in pursuance of a further application under that paragraph,

(c)if the elector ceases to be registered as mentioned in sub-paragraph (9)(a), or

(d)if the appointment of the person concerned as the elector’s proxy ceases to be in force (whether or not he is re-appointed).

(11) A person applying to vote by post as proxy must provide an address in the United Kingdom as the address to which his ballot paper is to be sent.

General requirements for applications

5.(1) Applications under paragraph 1, 2, 3 or 4 shall, in addition to the address which is required by paragraph 1(6), 2(5) or 4(11) (as the case may be) in the case of a person applying to vote by post, state:—

(a)the applicant’s full name,

(b)except in the case of an application under paragraph 4, the address in respect of which the applicant is or will be registered in the register,

(c)in the case of an application under paragraph 4, the address of the applicant, together with the name of the elector for whom he acts as proxy and the address of that elector for the purposes of paragraph (b), and

(d)in the case of an application under paragraph 1(1), 2(1), 4(4) or (6), the grounds on which the applicant claims to be entitled to an absent vote;

and the application shall be signed by the applicant.

For the purposes of paragraph (b), the address in respect of which the applicant is or will be registered includes, in the case of a service elector, the address at which he would be resident but for his service as a member of the forces or employment as a Crown servant.

(2) An application to vote by proxy under paragraph 1(1) or (5) or 2(1) or (2) shall include an application for the appointment of a proxy which meets the requirements of paragraph 9.

(3) An application under this Part to the Chief Electoral Officer shall be made in writing and sent by post or delivered to his office or to the address specified by him for the purpose.

(4) An application under paragraph 1, 2, 3 or 4 shall comply with such further requirements of this Part as applies to such an application and with the requirements as to time set out in paragraph 11.

Additional requirements for applications on grounds of physical incapacity

6.(1) An application under paragraph 1(2)(b) shall specify the physcial incapacity by reason of which the application is made.

(2) Subject to sub-paragraph (4), such an application shall be attested and signed by—

(a)a registered medical practitioner;

(b)a first level nurse trained in general nursing registered in Part I of the register maintained under section 10(1) of the Nurses, Midwives and Health Visitors Act 1979(1) in accordance with Article 2 of, and Schedule 1 to, the Nurses, Midwives and Health Visitors (Parts of the Register) Order 1983(2)

(c)a Christian Science practitioner;

(d)in the case of an application in which the applicant states that he is registered in a home for persons in need within the meaning of the definition in Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972(3) or a nursing home within the meaning of the definition in section 10(1) of the Nursing Homes and Nursing Agencies Act (Northern Ireland) 1971(4) which is required to be registered under Schedule 5 to that Order or Part I of that Act, as the case may be, by the person registered under that Order or that Act respectively as carrying on that home;

(e)in the case of an application in which the applicant states that he is resident in residential accommodation provided under Article 15 of the Health and Personal Social Services (Northern Ireland) Order 1972, by the officer in charge of that accommodation; or

(f)in the case of an application in which the applicant states that he resides in premises forming part of a group of premises—

(i)which are provided for persons of pensionable age or physically disabled persons, and

(ii)for which there is a resident warden,

by that warden.

(3) The person attesting the application under sub-paragraph (2) shall state—

(a)his name and address and the qualification by virtue of which he is authorised to attest the application;

(b)that, to the best of his knowledge and belief, the applicant is suffering from the physical incapacity specified in the application and that he cannot reasonably be expected to go in person to his allotted polling station or to vote unaided there, by reason of that incapacity; and

(c)that to the best of his knowledge and belief, the physical incapacity specified in the application is likely to continue either indefinitely or for a period specified by the person attesting the application.

(4) Sub-paragraphs (2) and (3) shall not apply where—

(a)the application is based on the applicant’s blindness and the applicant is registered as a blind person by a Health and Social Services Board, which is specified in the application, or

(b)the applicant is in receipt of a mobility allowance under section 37A of the Social Security (Northern Ireland) Act 1975(5) and the reference number of such an allowance is set out in the application.

(5) The fact that an applicant is either—

(a)registered with a Health and Social Services Board as a blind person, or

(b)in receipt of a mobility allowance,

shall be deemed sufficient evidence that he is eligible for an absent vote on the grounds set out in paragraph 1(2)(b).

(6) In this paragraph and paragraphs 7 and 8 “his allotted polling station”, in relation to an elector, means the polling station allotted or likely to be allotted to him under the local elections rules.

Additional requirements for applications based on occupation, service or employment

7.(1) An application under paragraph 1(2)(c) shall state—

(a)whether the occupation, service or employment, in respect of which it is made, is that of the applicant or his spouse;

(b)the nature of the occupation, service or employment in respect of which it is made;

(c)where the person in respect of whose occupation, service or employment it is made (in this paragraph referred to as “the employed person”) is self-employed, that fact; and in any other case the name of that person’s employer;

(d)why the applicant cannot reasonably be expected to go in person to his allotted polling station (within the meaning of paragraph 6(6)) by reason of the general nature of the occupation, service or employment referred to in paragraph (b).

(2) Such an application shall be attested and signed—

(a)where the employed person is self-employed, by a person who—

(i)is aged 18 years or over;

(ii)resides in the United Kingdom;

(iii)knows the employed person; and

(iv)is not related to him, and

(b)in any other case, by the employer of the employed person or by another employee to whom this function is designated by the employer.

For the purposes of paragraph (a) above and paragraph (i) of sub-paragraph (3), one person is related to another if he is the husband, wife, parent, grandparent, brother, sister, child or grandchild of the other.

(3) The person attesting an application under sub-paragraph (2) shall—

(a)where the applicant is the employed person, certify that the statements included in the application in accordance with the requirements of paragraphs (a) to (d) of sub-paragraph (1) are true; or

(b)where the applicant is the spouse of the employed person, certify that the statements included in the application in accordance with the requirements of paragraphs (a) to (c) of sub-paragraph (1) are true;

and in addition, he shall state:—

(i)in the case of a person who attests an application under paragraph (a) of sub-paragraph (2), his name and address, and that he is aged 18 years or over, resides in the United Kingdom, knows the employed person, but is not related to him, or

(ii)in the case of a person who attests an application under paragraph (b) of that sub-paragraph, either that he is the employer of the employed person or the position he holds in the employment of that employer.

Additional requirements for applications in respect of a particular election

8.(1) An application under paragraph 2(1) shall set out why the applicant’s circumstances on the date of the poll for the election in respect of which it is made will be or are likely to be such that he cannot reasonably be expected to vote in person at his allotted polling station (within the meaning of paragraph 6(6)).

(2) Except in respect of an application to which sub-paragraph (4) applies, such an application shall be signed and attested by a person who—

(a)is aged 18 years or over,

(b)resides in the United Kingdom,

(c)knows the applicant but is not related to him, and

(d)has not attested under this sub-paragraph any other application in respect of the election for which the application he attests is made.

For the purposes of paragraph (c) above and paragraph (d) of sub-paragraph (3), one person is related to another if he is the husband, wife, parent, grandparent, brother, sister, child or grandchild of the other.

(3) The person attesting an application under sub-paragraph (2) shall state—

(a)his full name and address,

(b)that he is aged 18 years or over,

(c)that he resides in the United Kingdom,

(d)that he knows the applicant, but is not related to him, and

(e)that he has not attested under sub-paragraph (2) any other application in respect of the election for which the application he attests is made;

and shall certify that, to the best of his knowledge and belief, the statement included in the application in accordance with the requirements of sub-paragraph (1) is true.

(4) This sub-paragraph applies in respect of an application under paragraph 2(1) which—

(a)states that it is made on the grounds that the applicant cannot reasonably be expected to vote in person at his allotted polling station (within the meaning of paragraph 6(6)) because he will be or is likely to be physically ill on the date of the poll,

(b)specifies that illness, and

(c)is attested and signed by one of the persons specified in paragraphs (a), (b) and (c) of paragraph 6(2).

(5) The person attesting the application under sub-paragraph (4) shall state—

(a)his name and address and the qualification by virtue of which he is authorised to attest it; and

(b)that, to the best of his knowledge and belief, the applicant is suffering from the physical illness specified in the application, that he will be or is likely to be so suffering on the date of the poll, and that he cannot reasonably be expected to vote in person at his allotted polling station by reason of that illness.

Additional requirements for applications for appointment of a proxy

9.  An application for the appointment of a proxy under paragraph 3(5) or (6) shall state the full name and address of the person whom the applicant wishes to appoint as his proxy, together with his family relationship, if any, with the applicant, and—

(a)if it is signed only by the applicant, shall contain a statement by him that he has consulted the person so named and that that person is capable of being and willing to be appointed as his proxy, or

(b)if it is also signed by the person to be appointed, shall contain a statement by that person that he is capable of being and willing to be appointed to vote as the applicant’s proxy.

Additional requirements for applications by proxies to vote by post at a particular election

10.  An application under paragraph 4(6) shall set out why the applicant’s circumstances on the date of the poll for the election in respect of which it is made will be or are likely to be such that he cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to the elector under the local elections rules.

Closing dates for applications

11.(1) An application—

(a)to vote by post or proxy under paragraph 1(1);

(b)by an absent voter to alter his choice as to the manner of absent voting under paragraph 1(5);

(c)for the appointment of a proxy under paragraph 3(5); or

(d)from a proxy to vote by post under paragraph 4(4),

shall be disregarded for the purposes of any particular election if it is received by the Chief Electoral Officer after noon on the thirteenth day before the date of the poll at that election.

(2) Subject to sub-paragraphs (3) and (4), an application—

(a)to vote by post or proxy under paragraph 2(1);

(b)by a postal voter for his ballot paper to be sent to a different address or to vote instead by proxy at a particular election under paragraph 2(2);

(c)for the appointment of a proxy under paragraph 3(6);

(d)from a proxy to vote by post under paragraph 4(6); or

(e)from a postal proxy for his ballot paper to be sent to a different address at a particular election under paragraph 4(7),

shall be disallowed if it is received by the Chief Electoral Officer after noon on the thirteenth day before the date of the poll at the election for which it was made.

(3) Sub-paragraph (2) shall not apply to an application—

(a)to which sub-paragraph (4) of paragraph 8 applies and which is attested in accordance with sub-paragraph (5) of that paragraph, and

(b)in which, in addition to those requirements, the applicant states that on the thirteenth day before the date of the poll at the election for which the application is made (calculated in accordance with sub-paragraph (6)) he could not reasonably have foreseen that he would be or was likely to be physcially ill on the date of the poll and the attester states that, so far as he is aware, that statement is true;

and such an application shall be disallowed if it is received by the Chief Electoral Officer after noon on the sixth day before the date of the poll at the election for which it was made.

(4) Sub-paragraph (2) shall not apply to an application to vote by post or proxy under paragraph 2(1) in which the applicant’s circumstances on the date of the poll for the election in respect of which it is made are stated to be his employment, either as a constable or by the Chief Electoral Officer, on that date for a purpose connected with that election; and such an application may be disallowed if it is received by the Chief Electoral Officer after noon on the thirteenth day before that date.

(5) An application—

(a)under paragraph 1(4)(a), by an elector to be removed from the record kept under paragraph 1(3), and

(b)under paragraph 4(10)(a), by a proxy to be removed from the record kept under paragraph 4(5), and

a notice under paragraph 3(8) of the cancellation of a proxy’s appointment may be disregarded for the purposes of any particular election if it is received by the Chief Electoral Officer after noon on the thirteenth day before the date of the poll at that election.

(6) In computing a period of days for the purposes of this paragraph, Saturday, Sunday, Christmas Eve, Maundy Thursday or a public holiday shall be disregarded.

Grant or refusal of applications

12.(1) Where the Chief Electoral Officer grants an application under paragraph 1, 2, 3 or 4 he shall, where practicable, notify the applicant of his decision.

(2) Where the Chief Electoral Officer disallows an application under paragraph 1, 2, 3 or 4 he shall notify the applicant of his decision and shall date such notification.

(3) Where under paragraph 11(1) or (5) the Chief Electoral Officer disregards an application for the purposes of any particular election, he shall, where practicable, notify the applicant of this.

Cancellation of proxy appointment

13.  Where the appointment of a proxy is cancelled by notice given to the Chief Electoral Officer under paragraph 3(8) or ceases to be in force under that provision or is no longer in force under paragraph 3(9)(b), the Chief Electoral Officer shall—

(a)notify the person whose appointment as proxy has been cancelled or ceases to be or is no longer in force, unless the Chief Electoral Officer has previously been notified by that person that he no longer wishes to act as proxy, and

(b)remove his name from the record kept under paragraph 1(3)(c).

Inquiries by Chief Electoral Officer

14.(1) The Chief Electoral Officer may, at such times as he thinks fit, make inquiries of a person—

(a)who is shown in the record kept under sub-paragraph (3) of paragraph 1 by virtue of an application under that paragraph on the grounds set out in sub-paragraph (2)(b) or (c) of that paragraph, or

(b)who immediately before 16th February 1987 was entitled to vote by post or by proxy for an indefinite period at local elections by virtue of his entitlement so to vote at parliamentary elections where that entitlement was based on the grounds set out in paragraphs (b)(i), (c) or (h) of section 19(1) of the Representation of the People Act 1983(6) and in respect of whom paragraph 1 has effect, by virtue of Article 6(1) of the Local Elections (Northern Ireland) (Amendment) Order 1987, as if an application under that paragraph so to vote had been granted on the date of the coming into force of that paragraph 1,

for the purpose of determining whether there has been a material change of circumstances.

(2) In the case of a person—

(a)who is shown in the record kept under sub-paragraph (3) of paragraph 1 by virtue of an application under that paragraph on the grounds set out in sub-paragraph (2)(c) of that paragraph, or

(b)to whom sub-paragraph (1)(b) applies and whose application to be treated as an absent voter was based on the ground set out in paragraph (b)(i) or (h) (general nature of applicant’s occupation, service or employment or that of his spouse) of section 19(1) of the Representation of the People Act 1983,

the Chief Electoral Officer shall make the inquiries referred to in sub-paragraph (1) not later than three years after the date of the granting of the application or the last such inquiries, as the case may be.

In respect of a person to whom sub-paragraph (1)(b) applies, 16th February 1987 shall be treated as the date of the granting of the application.

(3) The Chief Electoral Officer may treat the failure by a person of whom inquiries have been made under sub-paragraph (1) or (2) to respond to such inquiries within one month of the date on which they were made as sufficient evidence of a material change in circumstances.

Records and lists kept under paragraphs 1, 2 and 4

15.(1) Subject to the provisions of this paragraph, the records kept under paragraphs 1(3) and 4(5) and the lists kept under paragraphs 2(4) and 4(8) shall be in such form as the Chief Electoral Officer thinks fit.

(2) In that part of the absent voters list referred to in paragraph 2(4)(a), the address to which the ballot paper is to be sent to a person who is entitled to vote by post as an elector shall be placed on the right hand side of his name and electoral number.

(3) In that part of the absent voters list referred to in paragraph 2(4)(b) (the list of proxies), the name and address of the proxy shall be placed on the right hand side of the elector’s name and electoral number.

(4) In the list kept under paragraph 4(8) (those proxies who are entitled to vote by post), the name of the proxy, together with the address to which his ballot paper is to be sent, shall be placed on the right hand side of the elector’s name and electoral number.

(5) The Chief Electoral Officer shall make available for inspection at his office during ordinary office hours a copy of the records kept under paragraphs 1(3) and 4(5).

(6) As soon as practicable after the day referred to in paragraph 11(1), the Chief Electoral Officer shall publish the lists kept under paragraphs 2(4) and 4(8) by making a copy of them available for inspection at his office during ordinary office hours; and he shall continue to make a copy of those lists so available until the date of the poll.

(7) As soon as practicable after the publication of the lists referred to in sub-paragraph (6) above, the Chief Electoral Officer shall, on request, supply free of charge a copy of them to each candidate or his election agent:

  • Provided that, if such a request is made before any issue of postal ballot papers, he shall before that issue supply a copy of those lists or so much of them as relates to that issue.

(8) In this paragraph, “electoral number” means a person’s number in the register to be used at the election or, pending publication of the register, his number (if any) in the electors lists for that register.

Marked register for polling stations

16.  To indicate that an elector or his proxy is entitled to vote by post and is for that reason not entitled to vote in person, the letter “A” shall be placed against the name of that elector in any copy of the register, or part of it, provided for a polling station.

Forms

17.  The Chief Electoral Officer shall supply free of charge as many copies of forms for use in connection with applications made under paragraph 1, 2, 3 or 4 as appear to that Officer reasonable in the circumstances to any person who satisfies that Officer of his intention to use the forms in connection with an election.

Notifications

18.  Where the Chief Electoral Officer is required by a provision in this Part to notify any person, such notification shall be in writing and may be sent by post—

(a)in the case of a person other than a service elector, to the address provided by that person for the purpose of such notification or of any record, or if there is no such address, to the last known place of abode of that person;

(b)in the case of a service elector, to any address provided by him for the purpose of such notification or of any record or to the address provided for the purpose by the appropriate Government department (within the meaning of section 59(3) of the Representation of the People Act 1983).

Publication of documents

19.(1) Any failure to publish a document in accordance with this Part shall not invalidate the document, but this provision shall not relieve the Chief Electoral Officer from any penalty for such a failure.

(2) Where a document is made available for inspection, any person may make a copy of, or take extracts from, such document.

APPENDIXForm of proxy paper

”.

(3)

S.I. 1972/1265 (N.I. 14); that definition was repealed in part by the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)), Schedule 2.

(4)

1971 c. 32 (N.I.); that definition was repealed in part by the Health and Personal Social Services (Northern Ireland) Order 1972, Schedule 18.

(5)

1975 c. 15; section 37A was inserted by Article 24(1) of the Social Security Pensions (Northern Ireland) Order 1975 (S.I. 1975/1503 (N.I. 15)).

Back to top

Options/Help