2013 No. 3156
The Local Elections (Northern Ireland) Order 2013
Made
Coming into force in accordance with Article 1(1)
At the Court at Buckingham Palace, the 11th day of December 2013
Present,
The Queen's Most Excellent Majesty in Council
In accordance with section 7(3) of the Political Parties, Elections and Referendums Act 2000 M1, the Electoral Commission has been consulted prior to this Order being laid before Parliament.
In accordance with section 84(4) of the Northern Ireland Act 1998 M2 a draft of this Order has been laid before and approved by a resolution of each House of Parliament.
Accordingly, Her Majesty, in exercise of the powers conferred on Her by section 84(1), (1A), (2) and (3) of the Northern Ireland Act 1998 M3, is pleased, by and with the advice of Her Privy Council, to order as follows:
Introductory
Citation, commencement and extent1
1
This Order may be cited as the Local Elections (Northern Ireland) Order 2013 and it comes into force on the day after the day on which it is made.
2
Subject to paragraph (3), this Order extends to Northern Ireland only.
3
An amendment made by this Order has the same extent as the enactment (or part of an enactment) amended.
Interpretation2
1
In this Order—
“the 1962 Act” means the Electoral Law Act (Northern Ireland) 1962 M4;
“the 1985 Order” means the Local Elections (Northern Ireland) Order 1985 M5;
“existing council” means a district council for a local government district established in pursuance of section 1 of the Local Government (Boundaries) Act (Northern Ireland) 1971 M6, and “existing councillor” means a member of such a council;
“new council” means a district council for a local government district established in pursuance of section 1 of the Local Government (Boundaries) Act (Northern Ireland) 2008 M7, and “new councillor” means a member of such a council.
2
The Interpretation Act (Northern Ireland) 1954 M8 applies to article 1 and this article and the following provisions of this Order, save for article 9, as it applies to an Act of the Assembly.
Changes to the law on local elections
Date of local elections and voters waiting at polling station at close of poll3
1
The 1962 Act is amended as follows.
2
In section 11 (election and term of office of district councils) M9, for subsections (1) and (1A) substitute—
1
A local election year as respects any district council is 2014 and 2019 and every fourth year thereafter.
1A
The election day as respects any district council is—
a
in the year 2014, 22nd May;
b
in any other local election year, the first Thursday in May.
3
In section 130 (interpretation) M10, in subsection (1), in the definition of “election day” for “section 11(1) and (1A)” substitute “
section 11(1A)
”
.
4
In Schedule 5 (local elections rules), in rule 34 (voting procedure) M11, after paragraph (1) insert—
1A
A voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting is (despite the close of the poll) entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter accordingly.
Temporary modifications to facilitate transition from the existing councils to the new councils
Temporary modifications relating to the continuation of existing councils4
1
Existing councillors shall retire together on 1st April 2015.
2
In relation to an existing council and existing councillors, the 1962 Act applies with the following modifications.
3
In section 11 (election and term of office of members of district councils)—
a
subsection (2)(c) does not apply;
b
subsection (3) applies as if—
i
for the words “in any district council area” there were substituted “
to a district council for a local government district established in pursuance of section 1 of the Local Government (Boundaries) Act (Northern Ireland) 2008
”
, and
ii
for the words “the provisions of subsection (2) relating to the retirement of members” there were substituted “
article 4(1) of the Local Elections (Northern Ireland) Order 2013
”
; and
c
subsection (4) applies as if for the words “in any local election year” to the end there were substituted—
on or after 1st January 2015, be deemed to have been caused by the expiry of the normal term of office, and in any other case shall be filled in accordance with subsection (4A).
4
Section 11K applies as if—
a
in subsection (1)(b), for “the first day” to the end there were substituted “
1st January 2015
”
;
b
in subsection (2), for “the day on which” to the end there were substituted “
1st January 2015
”
; and
c
in subsection (3), the words “and accordingly” to the end were omitted.
5
Section 28(7) (preparation and publication of registers) M12 applies as if for the words “the election day” to the end there were substituted “
1st April 2015
”
.
Temporary modifications relating to the first election of new councils5
1
The following modifications apply for the purposes of elections to a new council under section 11(2)(a) of the 1962 Act in the local election year 2014.
2
Section 23 of the 1962 Act (remuneration and expenses of Chief Electoral Officer and other persons at local election) M13 applies as if in subsection (4), for the words “local authority by which such expenses are to be paid” there were substituted “
the statutory transition committee, established under the Local Government (Statutory Transition Committees) Regulations (Northern Ireland) 2013 M14, in relation to the local authority concerned
”
.
3
Article 9 of the Electoral Law (Northern Ireland) Order 1972 M15 applies as if for paragraph (2) there were substituted—
2
The deputy returning officer for an election to a district council—
a
is to be a person appointed for that purpose by the statutory transition committee for that council established under the Local Government (Statutory Transition Committees) Regulations (Northern Ireland) 2013; and
b
must perform, on behalf of the Chief Electoral Officer, such functions in relation to those elections as shall be delegated to him by the Chief Electoral Officer.
2A
The appointment mentioned in paragraph (2)(a) must be made in consultation with the Electoral Commission.
Temporary modifications relating to the designation of polling stations6
1
The Electoral Law (Polling Station Scheme) (Northern Ireland) Regulations 2010 M16 apply to the publication of a draft scheme under section 65(1A) of the 1962 Act in 2014 with the following modifications.
2
In regulation 5 (publication of draft scheme), paragraph (1) applies as if for the words “on or before 1st December in a draft scheme year” there were substituted “
as soon as practicable after 1st February 2014
”
.
3
In regulation 7 (objections or proposals), paragraph (2) applies as if for the words “at least twelve weeks” there were substituted “
a reasonable period in all the circumstances
”
.
Temporary modifications relating to the appointment of the Drainage Council7
Paragraph 3(1) of Schedule 1 to the Drainage (Northern Ireland) Order 1973 M17 applies to the appointment of members of the Drainage Council in 2015 as if for the words “the date on which a local general election is held in that year under section 11(2) of the Electoral Law Act (Northern Ireland) 1962” there were substituted “
1st April 2015
”
.
Temporary modifications relating to casual vacancies in new councils and existing councils8
1
The following provisions apply during the period beginning on the fourth day after the election day (within the meaning of section 11(1A) of the 1962 Act) in 2014 and ending on 31st March 2015.
2
Where a casual vacancy (within the meaning of section 11(4) of the 1962 Act) arises in an existing council, any reference in the 1962 Act to a district council or a local authority must be taken for the purpose of filling that vacancy as referring to the existing council.
3
Where a casual vacancy (within the meaning of section 11(4) of the 1962 Act) arises in a new council, any reference in the 1962 Act to a district council or a local authority must be taken for the purpose of filling that vacancy as referring to the new council.
Changes consequential on Northern Ireland legislation on local government boundaries
Consequential changes to polling districts and places for parliamentary elections9
1
The Representation of the People Act 1983 M18 is amended as follows.
2
In section 18A (polling districts at parliamentary elections) M19—
a
in the heading, at the end insert “
: Great Britain
”
; and
b
after subsection (5) insert—
6
This section does not apply to Northern Ireland.
3
After section 18A insert—
18AAPolling districts at parliamentary elections: Northern Ireland
1
Every constituency in Northern Ireland is to be divided into polling districts.
2
The Secretary of State must—
a
divide Northern Ireland into polling districts for the purpose of parliamentary elections, and
b
keep the polling districts under review.
3
The Secretary of State must seek to ensure that all electors in Northern Ireland have such reasonable facilities for voting as are practicable in the circumstances.
4
Before dividing Northern Ireland into polling districts under subsection (2)(a) or completing a review under subsection (2)(b), the Secretary of State must consult—
a
the Electoral Commission, and
b
any other person the Secretary of State considers appropriate.
5
If an alteration of polling districts is made under this section—
a
the Chief Electoral Officer for Northern Ireland must make such adaptations of the registers of parliamentary electors maintained by that officer as are necessary to take account of the alteration, and
b
the alteration is effective on the date on which the Chief Electoral Officer publishes a notice stating that the adaptations have been made.
4
In section 18C (review of polling districts and places)—
a
in the heading, at the end insert “
: Great Britain
”
; and
b
after subsection (6) insert—
7
This section does not apply to Northern Ireland.
5
After section 18C insert—
18CAReview of polling places: Northern Ireland
1
The Chief Electoral Officer for Northern Ireland must, during each compulsory review year, carry out and complete a review under section 18B of all the polling places in Northern Ireland.
2
The compulsory review years are 2014 and every fifth year after that.
3
Subsection (1) does not prevent the Chief Electoral Officer carrying out a review under section 18B of some or all of the polling places in Northern Ireland at other times.
4
Subsection (1) does not require the Chief Electoral Officer to carry out and complete a review of all the polling places in Northern Ireland during a compulsory review year if reviews under section 18B of all those polling places are completed during the previous year.
5
Schedule A1, except paragraphs 2 and 3, has effect in relation to a review under section 18B of polling places in Northern Ireland.
6
In section 18E (sections 18A to 18D: supplemental)—
a
in subsection (3), after paragraph (c) insert—
d
in relation to Northern Ireland, the Chief Electoral Officer for Northern Ireland.
b
omit subsection (4).
Changes to the law on local elections when combined with European Parliamentary elections
Combination of polls10
1
Where the poll at a local election is taken together with the poll at a European Parliamentary election (under section 15(1) or (2) of the Representation of the People Act 1985 M20), Schedule 5 to the 1962 Act (local elections rules) and Part 3 of Schedule 2 to the 1985 Order (issue and receipt of ballot papers) have effect subject to the modifications in the Schedule.
2
Paragraph (1) does not apply when the poll at a local election is taken together with the poll at a parliamentary election.
SCHEDULECombination of polls
Modification of the Local Elections Rules1
Schedule 5 to the 1962 Act (local elections rules) applies with the modifications in paragraphs 2 to 23.
2
The Schedule applies as if after rule 3A there were inserted—
Meaning of European Parliamentary election3B
In this Schedule, “the European Parliamentary election” means the European Parliamentary election the poll at which is taken together with the poll at the local election.
3
Rule 16 (ballot papers) M21 applies as if in paragraph (2), after sub-paragraph (c) there were inserted—
ca
must be of a different colour from that of any ballot paper used at the European Parliamentary election;
4
Rule 20 (notice of poll) M22 applies as if after paragraph (2) there were inserted—
3
The notice published under paragraph (2) must state that the poll at the local election is to be taken together with the poll at the European Parliamentary election.
5
Rule 21 (postal ballot papers) M23 applies as if in paragraph (1), after “identity in the” there were inserted “
relevant
”
.
6
Rule 25 (issue of official poll cards) M24 applies as if after paragraph (3) there were inserted—
3A
An official poll card issued under this rule may be combined with an official poll card issued at the European Parliamentary election, with necessary adaptation.
7
Rule 26 (equipment of polling stations) M25 applies as if—
a
after paragraph (1) there were inserted—
1A
The same ballot box may be used for the poll at the local election and the poll at the European Parliamentary election.
1B
Where separate ballot boxes are used, each ballot box must be clearly marked with—
a
the election to which it relates, as shown on the ballot papers for that election; and
b
the words “Please insert the [specify colour of ballot papers in question] coloured ballot papers in here.”.
b
after paragraph (3A) there were inserted—
3B
The large version of the ballot paper referred to in paragraph (3A)(a) above must be printed on paper of the same colour as the ballot papers (other than tendered ballot papers F2or tendered postal ballot papers) for use at the local election.
c
after paragraph (4) there were inserted—
4A
The notice referred to in paragraph (4) must—
a
clearly indicate the election to which it relates; and
b
be printed on paper of the same colour as the ballot papers (other than tendered ballot papers F3or tendered postal ballot papers) for use at the local election.
8
Rule 29 (admission to polling station) M26 applies as if in paragraph (1), after sub-paragraph (f) there were inserted—
fa
persons entitled to be admitted at the European Parliamentary election;
9
Rule 32 (questions to be put to voters) M27 applies as if in question (ii) of each of paragraphs (1)(a) and (1)(b) and in the second question in paragraph (2), after “at this” there were inserted “
local
”
.
10
Rule 34 (voting procedure) applies as if after paragraph (9) there were inserted—
10
The same copy of the register of electors (or as the case may be the notice issued under section 13BA(9) of the 1983 Act M28) may be used under paragraph (1) for the local election and the European Parliamentary election.
11
One mark may be placed in that register (or on that notice) under paragraph (1)(d) or in the list of proxies under paragraph (1)(e) to denote that a ballot paper has been received in respect of each election.
12
If a ballot paper is issued in respect of only one election, a different mark must be placed in the register (or on the notice) or list, as the case may be, so as to identify the election in respect of which the ballot paper is issued.
11
Rule 35 (votes marked by presiding officer) M29 applies as if after paragraph (7) there were inserted—
8
The same list may be used under paragraph (3) for the local election and the European Parliamentary election and, where it is so used, an entry in that list must be taken to mean that the ballot papers were marked in pursuance of this rule in respect of each election, unless the list identifies the election at which the ballot paper was so marked.
12
Rule 36 (voting by persons with disabilities) M30 applies as if after paragraph (4A) there were inserted—
4B
The same list may be used under paragraph (4) for the local election and the European Parliamentary election and, where it is so used, an entry in that list must be taken to mean that the votes were given in accordance with this rule in respect of each election, unless the list identifies the election at which the vote was so given.
13
Rule 37 (tendered ballot papers) M31 applies as if after paragraph (6) there were inserted—
6A
The same list may be used under paragraph (6) for the local election and the European Parliamentary election and, where it is so used, an entry in the list must be taken to mean that the tendered ballot papers were marked in respect of each election, unless the list identifies the election at which a tendered ballot paper was marked.
F113A
Rule 37A applies as if after paragraph (10) there were inserted—
10A
The same list may be used under paragraph (10) for the local election and the European Parliamentary election and, where it is so used, an entry in the list must be taken to mean that the tendered postal ballot papers were marked in respect of each election, unless the list identifies the election at which a tendered postal ballot paper was marked.
14
Rule 39A (correction of errors on day of poll) M32 applies as if the existing text became paragraph (1), and after paragraph (1) there were inserted—
2
The same list may be used under paragraph (1) for the local election and the European Parliamentary election and, where it is so used, an entry in that list must be taken to mean that ballot papers were issued in respect of each election unless the list identifies the election for which a ballot paper was issued.
15
Rule 41 (procedure on close of poll) M33 applies as if—
a
in paragraph (1) after “polling agents”, where those words first appear, there were inserted “
appointed for the purposes of the local election and those appointed for the purposes of the European Parliamentary election
”
;
b
after paragraph (1) there were inserted—
1A
Separate packets must be made up in respect of the local election and the European Parliamentary election for the purpose of each of sub-paragraphs (b), (c) and (e) of paragraph (1).
c
in paragraph (3), after “presiding officer” there were inserted “
separately for the purposes of the local election and the European Parliamentary election
”
.
16
Rule 44 (attendance at counting of votes) M34 applies as if in paragraph (1), after sub-paragraph (f), there were inserted—
g
a person who falls within sub-paragraphs (a) to (e) of rule 49(2) of Schedule 1 to the European Parliamentary Elections (Northern Ireland) Regulations 2004 (European Parliamentary elections rules) M35,
17
Rule 45 (preliminary proceedings and conduct of the count) M36 applies as if—
a
in paragraph (1)—
i
before sub-paragraph (a) there were inserted—
za
where separate ballot boxes have been used for the poll at the local election and the poll at the European Parliamentary election, in the presence of the counting agents for each such election—
i
open each ballot box for the local election and for the European Parliamentary election;
ii
from each ballot box for the local election, take out any ballot papers for the European Parliamentary election and place them in a ballot box for the European Parliamentary election, and
iii
from each ballot box for the European Parliamentary election, take out any ballot papers for the local election and place them in a ballot box for the local election;
ii
in sub-paragraph (a), after “each ballot box” there were inserted “
(if not already opened in accordance with sub-paragraph (za))
”
; and
b
after paragraph (1) there were inserted—
1A
Where separate ballot boxes have been used, no ballot paper marked in respect of the local election is rendered invalid by the ballot paper being placed in the ballot box used at the European Parliamentary election.
18
Rule 58 (forwarding of documents) M37 applies as if after paragraph (4) there were inserted—
5
Where the same copy of the register, the same notice or the same list has been used for the local election and the European Parliamentary election under rules 16A M38, 34, 35, 36, 37 or 39A, paragraph (3) does not apply to that copy of the register, or that notice or list, as the case may be.
19
Rule 59 (orders for production of documents) M39 applies as if in paragraphs (1)(a), (5) and (7), after “proper officer of the council” there were inserted “
or the returning officer
”
.
20
Rule 60 (retention of documents) M40 applies as if—
a
in paragraph (1), for “to which rule 58 applies” there were substituted “
forwarded to him in pursuance of rule 58(3)
”
; and
b
after paragraph (1) there were inserted—
1A
The returning officer shall retain for 12 months the documents mentioned in rule 58(5) and then, unless otherwise directed by an order under rule 59, shall cause them to be destroyed.
21
Rule 63 (party candidate) M41 applies as if—
a
after paragraph (2) there were inserted—
2A
Neither the countermand of the poll at the local election nor the direction that that poll be abandoned affects the poll at the European Parliamentary election.
b
in paragraph (3), after “with respect to the” there were inserted “
local
”
.
22
Rule 64 (abandoned poll) applies as if for paragraphs (2) to (6) there were substituted—
2
No further ballot papers at the local election must be delivered in any polling station.
3
At the close of poll for the European Parliamentary election, the presiding officer at a polling station must take the like steps (so far as not already taken) for the delivery of ballot boxes and ballot papers and other documents as he would be required to take if the local election had not been abandoned.
4
It is not necessary for a ballot paper account for the local election to be prepared or verified.
5
Having separated the ballot papers relating to the European Parliamentary election, the returning officer must take no step or further step for the counting of the ballot papers used at the local election or of the votes.
6
The returning officer must seal up all of the ballot papers used at the local election whether the votes have been counted or not and it is not necessary to seal up counted and rejected ballot papers in separate packets.
6A
The returning officer must dispose of the ballot papers used at the local election and other documents in his possession as he is required to do on the completion in due course of the counting of the vote at the European Parliamentary election.
23
1
The Appendix of Forms applies as if—
F4a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Modification of absent voting provisions24
Part 3 of Schedule 2 to the 1985 Order (issue and receipt of ballot papers) applies as if—
a
in paragraph 1 (interpretation) M43, after the definition of “returning officer” there were inserted—
“the European Parliamentary election” has the meaning given in rule 3B of the local elections rules.
b
after paragraph 1 there were inserted—
Combination of polls1A
The proceedings on the issue and receipt of postal ballot papers in respect of the local election and the European Parliamentary election must be taken together.
c
in paragraph 6 (procedure on issue of postal ballot paper) M44, after sub-paragraph (2) there were inserted—
2A
The colour of the postal ballot paper must also be marked on the declaration of identity sent with that paper.
d
in paragraph 8 (ballot paper envelope) M45 after sub-paragraph (1B) there were inserted—
1C
The covering envelope must also be marked “Covering envelope for the [insert colour of ballot paper] coloured ballot paper”.
1D
On the ballot paper envelope after the words “Ballot paper envelope” there must be added
“ for the [insert colour of ballot paper] coloured ballot paper ”.
2000 c. 41.