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Elections (Northern Ireland) Order 1996

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Article 3(2)

SCHEDULE 2APPLICATION WITH MODIFICATIONS OF PROVISIONS OF THE 1986 REGULATIONS, THE ELECTION PETITION RULES 1964 AND THE PLANNING (CONTROL OF ADVERTISEMENTS) (NORTHERN IRELAND) REGULATIONS 1992

Provision applied and subject matterModifications
a

Regulation 4 has been amended, but the amendments are not relevant to the subject matter of this Order.

b

Regulation 7 has been amended by S.I. 1990/561.

c

Regulation 11 has been amended by S.I. 1990/561.

d

Regulation 54 was amended by S.I. 1990/561.

e

Regulation 55 was amended by S.I. 1989/1304 and S.I. 1990/561.

f

Regulation 56 was amended by S.I. 1990/561.

g

Regulation 63(1) was amended by S.I. 1990/561.

h

Regulation 66 was amended by S.I. 1990/561.

i

Regulation 69 was amended by S.I. 1990/561.

j

Regulation 91 was amended by S.I. 1990/561.

l

Regulation 95 was amended by S.I. 1990/561.

k

Forms E and F were amended by S.I. 1991/1674.

m

Form H was amended by S.I. 1990/561.

n

The rules have been amended by S.R. & O. (N.I.) 1985 No. 347.

1986 REGULATIONS
In regulation 4 (interpretation) paragraphs (1) and (3)a.In paragraph (1), the definitions of “candidate” and “constituency” shall be omitted.
Regulation 5 (forms).Paragraph (1)(a) shall be omitted.
Regulation 6 (sending of applications, notices, etc.).
Regulation 7 (publication of documents)b.
Regulation 8 (misnomers).
Regulation 9 (time).
Regulation 10 (official poll card at parliamentary elections).
Regulation 11 (return and declaration of election expenses)c.
Regulation 12 (interference with notices etc.).
In regulation 53 (free copies of register etc.) paragraph (2).Paragraph (a) shall be omitted and in paragraph (b) for the words from “candidate” to the end there shall be substituted “election agent of a party if the name of that party is to appear on the ballot papers for that constituency”.
In regulation 54 (sale of lists and register), paragraph (3)d.Sub-paragraph (b) shall be omitted.
Regulation 55 (supply of data)e.

In paragraph (6) the words from “Provided that” to the end shall be omitted.

Paragraph (8) shall be omitted.

Regulation 56 (supply of labels)f.

In paragraph (4) the words from “Provided that” to the end shall be omitted.

Paragraph (5) shall be omitted.

Regulation 63 (general requirements for applications)g.
Regulation 66 (additional requirements for applications in respect of a particular election)h.
Regulation 67 (additional requirements for applications for appointment of a proxy).
Regulation 68 (additional requirements for applications by proxies to vote by post at a particular election).
Regulation 69 (closing date for applications)i.Paragraphs (1) and (5) shall be omitted.
Regulation 70 (grant or refusal of applications).Paragraphs (2) and (4) shall be omitted.
Regulation 72 (cancellation of proxy appointment).
Regulation 74 (record and lists kept under sections 6, 7 and 9 of Act of 1985).

Paragraph (5) shall be omitted.

In paragraph (6) for the words “the day referred to in Regulation 69(1) above” there shall be substituted “the thirteenth day before the day of the poll at the election (computed in accordance with regulation 69(6) above)”.

Regulation 75 (marked register for polling stations).
Regulation 76 (certificate of employment).
Regulation 77 (interpretation of Part V).
Regulation 78 (form of declaration of identity).
Regulation 79 (persons entitled to be present at issue and receipt of postal ballot papers).

In paragraph (1)(c) for the words “a candidate to attend in his election agent’s place” there shall be substituted “him to attend in his place”.

In paragraph (2) for the word “candidate” in the first place where it occurs there shall be substituted “election agent” and for that word in the second place where it occurs there shall be substituted “party in respect of which a constituency list has been published”.

In paragraphs (3) and (4) for “candidate” there shall be substituted “election agent”.

Paragraph (5) shall be omitted.

Regulation 80 (notification of requirement of secrecy).
Regulation 81 (notice of issue of postal ballot papers).For the word “candidate”, in each place where it occurs, there shall be substituted “election agent”.
Regulation 82 (marking of postal ballot papers etc.).
Regulation 83 (refusal to issue postal ballot paper).
Regulation 84 (envelopes).
Regulation 85 (delivery of postal ballot papers to post office).
Regulation 86 (provision of postal voters' ballot box).
Regulation 87 (sealing up of special lists and counterfoils).
Regulation 88 (spoilt postal ballot paper).
Regulation 89 (receipt of covering envelope).
Regulation 90 (opening of postal voters' ballot box).In paragraph (3) for the word “candidate” there shall be substituted “election agent”.
Regulation 91 (opening of covering envelopes)j.
Regulation 92 (sealing up of rejected votes and declarations of identity).
Regulation 93 (opening of ballot paper envelopes).
Regulation 95 (forwarding of documents)l.

For paragraph (1), there shall be substituted:

(1) The returning officer shall retain for the period of one year after the date of the poll any packets referred to in regulation 87, 88, 92 or 93 above endorsing on each packet a description of its contents and the name of the constituency and, after the expiry of that period, cause those packets to be destroyed, unless otherwise directed by order of the High Court..

In paragraph (2), for the words “forward it at a subsequent date in the manner described in paragraph (1) above” there shall be substituted “retain it and subsequently deal with it in the manner described in paragraph (1) above”.

Paragraph (4) shall be omitted.

SCHEDULE 2
(FORMS)
Form E (elector’s official poll card)k.

In the form of the front of the card for the word “candidate”, in each place where it occurs, there shall be substituted “party”.

In the form of the back of the card for paragraph (b) there shall be substituted:

(b)a current passport issued by the United Kingdom or any other Member State of the European Community;.

Form F (proxy’s official poll card).

In the form of the back of the card for paragraph (b) there shall be substituted:

(b)a current passport issued by the United Kingdom or any other Member State of the European Community;.

Form G (certificate of employment).
Form H (declaration of identity)m.In the instructions to voters on the back of the form, in paragraphs 1 and 2, for the word “candidate” there shall be substituted “party”.
Form J (form of return of expenses required by section 75 of the Act of 1983).

The words “ELECTION IN THE ... ... ... ...CONSTITUENCY” and “Date of publication of notice of election” shall be omitted.

For the words “above election” there shall be substituted “election under the Northern Ireland (Entry to Negotiations, etc.) Act 1996”.

For the word “candidate” there shall be substituted “party”.

Form K (form of declaration as to expenses required by section 75 of the Act of 1983).The words “ELECTION IN THE ... ... ... ...CONSTITUENCY” and “Date of publication of notice of election” shall be omitted.
ELECTION PETITION RULES (1964)n
Rule 1 (citation, commencement and application).
Rule 2 (interpretation).
Rule 3 (form of petition).In paragraph (1)(b) the words from “and the” to the end of the sub-paragraph shall be omitted.
Rule 4 (security for costs).
Rule 5 (security for costs).
Rule 5A (notice of presentation of the petition).
Rule 6 (notice of objection to recognisance).
Rule 7 (list of petitions at issue).
Rule 8 (time and place of trial).At the end of paragraph (2)(d) there shall be inserted “or, in the case of a petition relating to the return under paragraph 14(2) of Part I of Schedule 1 to the 1996 Act, the Chief Electoral Officer”.
Rule 9 (evidence).In paragraph (1) for the words “he had a majority of lawful votes” there shall be substituted “his party had sufficient votes for him to be returned”.
Rule 10 (order to compel attendance of witness).
Rule 12 (witnesses expenses).
Rule 13 (case stated).
Rule 14 (withdrawal of petition).
Rule 15 (application to stay or dismiss petition).
Rule 16 (death of a petitioner).
Rule 17 (notice of intention not to oppose petition).
Rule 18 (substitution of respondents).
Rule 19 (duty to file copies).
Rule 20 (cost of publication).
Rule 21 (notice of appointment of respondent’s solicitor).
Rule 22 (service of notices).
Rule 23 (forfeiture of recognisance).
Rule 24 (payment from deposit on default).
Rule 25 (recognisance and deposit).
Rule 26 (discharge of recognisance and deposit).
Rule 27 (time).
Schedule A (form of petition).In paragraph 2 the words “to the Clerk of the Crown” shall be omitted.
Schedule B (form of order to compel attendance of witness).
THE PLANNING (CONTROL OF ADVERTISEMENTS) REGULATIONS (NORTHERN IRELAND) 1992
Regulation 2 (interpretation).
Regulation 4 (requirement for consent).
Schedule 1 (standard conditions).
In Schedule 2 (classes of advertisements to which the prohibition in regulation 4(1) does not apply), class F.

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