The Local Elections (Northern Ireland) (Amendment) Order 2005

Statutory Instruments

2005 No. 1969

NORTHERN IRELAND

The Local Elections (Northern Ireland) (Amendment) Order 2005

Made

19th July 2005

Coming into force

5th December 2005

At the Court at Buckingham Palace, the 19th day of July 2005

Present,

The Queen’s Most Excellent Majesty in Council

Whereas the Electoral Commission has been consulted in accordance with section 7(3) of the Political Parties, Elections and Referendums Act 2000(1) about this Order;

And whereas a draft of this Order has been approved by resolution of each House of Parliament;

Now, therefore, Her Majesty, in exercise of the powers conferred by section 84(1) of the Northern Ireland Act 1998(2), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: —

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Local Elections (Northern Ireland) (Amendment) Order 2005 and shall come into force on 5th December 2005.

(2) In this Order—

“the 1985 Order” means the Local Elections (Northern Ireland) Order 1985(3); and

“the 1962 Act” means the Electoral Law Act (Northern Ireland) 1962(4).

Amendment to the 1962 Act

2.  The local elections rules in Schedule 5 to the 1962 Act(5) shall be amended as follows—

(a) in rule 32(2) (questions to be put to voters) after “wife,” (twice) insert “civil partner,”; and

(b) in rule 36(3)(b) (voting by persons with disabilities) after “wife,” insert “civil partner,”;(6).

3.  In paragraph 12A(4) of Schedule 9 to the 1962 Act, after “wife,” insert “civil partner,”(7).

Amendment to the 1985 Order

4.—(1) Part I of Schedule 2 to the 1985 Order shall be amended as follows(8)—

(a) in paragraph l(2)(c) after “spouse,” insert “civil partner”;

(b) in paragraph 3(4) after “wife,” insert “civil partner”;

(c) in paragraph 7(1)(a) after “spouse” insert “or civil partner”;

(d) in paragraph 7(2) after “wife,” insert “civil partner”;

(e) in paragraph 7(3)(b) after “spouse” insert “or civil partner”;

(f) in paragraph 8(2) after “wife,” insert “civil partner”; and

(g) in paragraph 14(2)(b) after “spouse” insert “or civil partner”.

(2) In the Appendix to Schedule 2 to the 1985 Order, in paragraph 4 of the Form of proxy paper after “wife,” insert “civil partner,”.

A.K. Galloway

Clerk of the Privy Couniil

Explanatory Note

(This note is not part of the Order)

This Order makes amendments to the provisions relating to local elections in Northern Ireland which are consequential to the Civil Partnerships Act 2004 (c. 33).

Articles 2, 3 and 4(l)(a) to (c), (e), (g) and 4(2) give civil partners the same status as a spouse in all matters connected with the conduct of local elections in Northern Ireland.

Article 4(l)(d)and (f) amends the definition of "relative" to include civil partners.

(1)

2000 c. 41.

(2)

1998 c. 47.

(3)

S.I. 1985/454.

(4)

1962 c. 14 (N.I.).

(5)

Schedule 5 was substituted by article 4 of, and Schedule 1 to, the 1985 Order.

(6)

Rule 36 was substituted by article 18 of the Local Elections (Northern Ireland) (Amendment) Order 2001 (S.I. 2001/417).

(7)

Paragraph 12A was inserted by, article 4 of, and paragraph 50 of Schedule 1 to, the Local Elections (Northern Ireland) (Amendment) Order 1987 (S.I. 1987/168).

(8)

Part 1 of Schedule 2 to the 1985 Order was substituted by article 5(5) of, and Schedule 2 to, the Local Elections (Northern Ireland) (Amendment) Order 1987.