The Northern Ireland Assembly (Elections) (Amendment) Order 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Northern Ireland Assembly (Elections) Order 2001 (“the 2001 Order”).

Article 2 of this Order inserts a new article 8 in the 2001 Order and makes provision for the Chief Electoral Officer to hold an election to fill any vacancies that remain unfilled following an election. This may be because of the death of one or more candidates such that fewer candidates are nominated than there were seats to be filled or simply because too few candidates were nominated in the first place.

Schedule 1 to the 2001 Order applies, amongst others and with modifications as appropriate, provisions of the Representation of the People Act 1983 (“1983 Act”) and the Parliamentary elections rules (“the Rules”), which are contained in Schedule 1 to that Act, to Assembly elections. Article 3 of this Order applies further provisions of the 1983 Act and the Rules to Assembly elections and amends existing applications and modifications. In particular, section 66B of the 1983 Act is now applied by article 3(2) to Assembly elections. It is now an offence if a person breaches the conditions relating to the supply of election documents that are contained in part 7 of the Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741) (“2008 Regulations”). Part 7 applies to Assembly elections by virtue of Schedule 2 to the 2001 Order. Article 3(4) inserts a new rule 8A. This will enable a person required to sign their name when, for example, subscribing a nomination paper or signing a home address form, to use their mark instead providing that mark is witnessed by another person. The modifications to rule 19 made by article 3(6) enable candidates who are standing in the name of two or more registered political parties to request that the emblem of one of those parties is included alongside their particulars on the ballot paper. The request must be made by the nominating officers of those parties jointly. Article 3(7) modifies the application of rule 28 so that an official poll card need not be sent to those who have postal votes at Assembly elections. Article 3(13) inserts a new rule 37A which prohibits the disclosure of information by presiding officers concerning the number of ballot papers that have been issued to voters, other than in accordance with any directions given by the returning officer. The amendments made by paragraphs (8), (12) and (14) (and article 4(5)) ensure that ballot boxes need only be locked if they have a lock. Various changes are made to the provisions concerning death of candidates. Article 3(17) substitutes a new rule 60(4). If following the death of an independent candidate the number of candidates standing nominated is less than or equal to the number of seats to be filled, the election is treated as an uncontested election. Rule 62 is no longer applied to Assembly elections and rule 61(2) is substituted to ensure that the declaration given by the returning officer is consistent with an election using the single transferable vote.

Schedule 2 to the 2001 Order applies, amongst others and again with modifications as appropriate, the 2008 Regulations. These Regulations were amended by the Representation of the People (Northern Ireland) (Amendment) Regulations 2010 (S.I. 2010/278) and the changes made by article 4 of this Order reflect those amendments. Article 4(2) applies new regulations 55A and 55B of the 2008 Regulations. Those applying for an absent vote will now have to provide reasons if the address to which their vote is to be sent is different to that at which they are registered or which is shown in the relevant record. Article 4(3) modifies the application of regulation 59 which concerns applications for absent votes. Health professionals certifying applications will now need to certify that they are treating or have cared for the applicant in connection with the illness or health related matter specified (rather than that they have seen the applicant in connection with those matters as previously required). Article 4(3)(b), (4) and (6) modifies the requirement for chief inspectors of the Police Service of Northern Ireland to sign certificates of employment for the purposes of rule 32 (admission to polling station). These may now be signed by those of or above the rank of inspector.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.