Local Elections (Northern Ireland) (Amendment) Order 1990

Explanatory Note

(This note is not part of the Order)

This Order amends miscellaneous provisions in the law relating to local elections in Northern Ireland set out in the Electoral Law Act (Northern Ireland) 1962 and the Local Elections (Northern Ireland) Order 1985.

Article 4(1) removes unnecessary and confusing words from the provision in the 1962 Act concerning expenses where there are joint candidates at an election. Article 4(2) substitutes a reference to district electoral area for the reference to ward in the provision prohibiting candidates standing more than once at the same election. Article 4(3) makes minor amendments to the form of declaration of identity to be used by persons voting by post.

Article 5 amends the 1985 Order so that where an application to vote by post or proxy for an indefinite period on the grounds of physical incapacity is attested by a medical practitioner, Christian Science practitioner or a nurse, the applicant must be receiving treatment from or be under the care of such a person. Articles 6 and 7 alter the provisions about applications to vote by post or proxy at a particular election which are received after the usual deadline for such applications. The Chief Electoral Officer is required to accept such applications made by persons whose claims for such a vote relate to their health on polling day when the relevant circumstances could not have been reasonably foreseen earlier, provided such applications are attested. Applications by constables and a returning officer’s staff must also be accepted if received by a later closing date and if the circumstances of the employment by virtue of which they are made relate to local elections.

Article 8 amends the provisions in the 1985 Order about postal voting to clarify the provision about the declaration of identity.