EXPLANATORY NOTE
(This note is not part of the Regulations)
The Chief Electoral Officer for Northern Ireland is required, by virtue of the Electoral Law Act (Northern Ireland) 1962 (“the 1962 Act”), to prepare a polling station scheme every four years for use at local elections in Northern Ireland. That scheme is also applied to parliamentary elections by virtue of the Representation of the People Act 1983. These regulations revoke the Electoral Law (Polling Station Schemes) Regulations (Northern Ireland) 1972 and make fresh provision for the preparation of a draft polling station scheme and approval and publication of the final scheme.
Under section 65 of the 1962 Act the Chief Electoral Officer is required to prepare and publish a draft polling station scheme in 2010 and every four years thereafter.
Regulation 4 sets out how polling stations must be selected and the circumstances in which the Chief Electoral Officer may make provision for a polling station for one polling district (that is to say a ward) to be located in an adjoining polling district.
Under regulation 5 the Chief Electoral Officer is required to publish the draft scheme on or before 1st December and make it available for inspection. The regulation sets out the ways in which the Chief Electoral Officer must do this.
Regulation 6 requires the Chief Electoral Officer to give public notice that the draft scheme has been published and where and how any objections or proposals may be made. Objections or proposals may be made by interested persons, and “interested person” is defined in regulation 2.
Under regulation 7 the Chief Electoral Officer is required to allow a period of at least 12 weeks for any proposals or objections to be made. This period is referred to in the regulations (by virtue of regulation 2) as the consultation period. The consultation period is suspended during the period of a local general election, an election to the Northern Ireland Assembly, a parliamentary election, an election to the European Parliament or a referendum.
Regulation 8 makes provision for the approval and publication of the scheme and regulation 9 requires the Chief Electoral Officer to give public notice of this. At the same time the Chief Electoral Officer must also publish details of any amendments that have been made to the draft scheme whether arising from proposals or objections received by the Chief Electoral Officer or a local inquiry held in relation to the draft scheme under section 65(2) of the 1962 Act.
A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.