The Local Elections (Forms) (Northern Ireland) Order 2015

Statutory Instruments

2015 No. 566

Northern Ireland

The Local Elections (Forms) (Northern Ireland) Order 2015

Made

19th March 2015

Coming into force in accordance with Article 1(2)

At the Court at Buckingham Palace, the 19th day of March 2015

Present,

The Queen’s Most Excellent Majesty in Council

In accordance with section 7(3) of the Political Parties, Elections and Referendums Act 2000(1), 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(2) 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) and (1A) of the Northern Ireland Act 1998(3), is pleased, by and with the advice of Her Privy Council, to order as follows:

Citation, commencement, extent and interpretation

1.—(1) This Order may be cited as the Local Elections (Forms) (Northern Ireland) Order 2015.

(2) This Order comes into force on the day after the day on which it is made.

(3) This Order extends to Northern Ireland only.

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

Amendment of the 1962 Act

2.—(1) Schedule 5 to the 1962 Act (local elections rules)(5) is amended as follows.

(2) In rule 21 (postal ballot papers)(6), in paragraph (2) for the words “by another elector who personally knows the voter” substitute “in accordance with paragraph 17A of Part 3 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985(7)”.

(3) In rule 26 (equipment of polling stations)(8)—

(a) in paragraph (6), for the words “left-hand” substitute “right-hand”;

(b) in paragraph (7), for the word “left” substitute “right”; and

(c) in paragraph (8), for the word “right” substitute “left”.

(4) The Appendix of Forms is amended as follows.

(5) Replace form 3 (ballot paper)(9) with the form in Schedule 1 to this Order.

(6) Replace form 4 (directions as to printing the ballot paper)(10) with the form in Schedule 2 to this Order.

(7) Replace form 5 (declaration of identity)(11) with the form in Schedule 3 to this Order.

(8) Replace form 6 (elector’s official poll card)(12) with the form in Schedule 4 to this Order.

(9) Replace form 6A (elector’s official postal poll card)(13) with the form in Schedule 5 to this Order.

(10) Replace form 7 (proxy’s official poll card)(14) with the form in Schedule 6 to this Order.

(11) Replace form 7A (proxy’s official postal poll card)(15) with the form in Schedule 7 to this Order.

(12) Replace form 8 (form of directions for the guidance of voters in voting)(16) with the form in Schedule 8 to this Order.

(13) Replace form 9 (form of certificate of employment)(17) with the form in Schedule 9 to this Order.

(14) Replace form 10 (form of declaration to be made by the companion of a voter with disabilities)(18) with the form in Schedule 10 to this Order.

Amendment of the Local Elections (Northern Ireland) Order 1985

3.—(1) Schedule 2 to the Local Elections (Northern Ireland) Order 1985(19) is amended as follows.

(2) In Part 1 (voting by post, by proxy and by post as proxy), in the Appendix(20), replace form 1 (Proxy paper) with the form in Schedule 11 to this Order.

(3) In Part 3 (issue and receipt of postal ballot papers), in paragraph 17A (procedure in relation to declarations of identity)(21)—

(a) in paragraph (1)(a) omit the words “and given his name and address”; and

(b) after paragraph (1) insert—

“(1A) A person must not sign the declaration as a witness under paragraph (1)(a) unless he is—

(a) aged 18 years or over; and

(b) satisfied to the best of his knowledge and belief as to the identity of the voter.”.

Amendment of the Elections Act 2001

4.  In paragraph 29 of the Schedule to the Elections Act 2001 (Northern Ireland: modification of election provisions), replace the form inserted by sub-paragraph (2) (form 5A declaration of identity (combined polls))(22) with the form in Schedule 12 to this Order.

Amendment of the Local Elections (Northern Ireland) Order 2013

5.  In paragraph 23 of the Schedule to the Local Elections (Northern Ireland) Order 2013(23)—

(a) omit paragraphs (a) and (b) (and the word “and” after paragraph (b)); and

(b) replace the form inserted by sub-paragraph (1)(c) (form 5ZA declaration of identity (combined polls))(24) with the form in Schedule 13 to this Order.

Richard Tilbrook

Clerk of the Privy Council

Article 2(5)

SCHEDULE 1 Form 3

Form of front of ballot paper

Form of back of ballot paper

Article 2(6)

SCHEDULE 2 Form 4

Article 2(7)

SCHEDULE 3 Form 5

Article 2(8)

SCHEDULE 4 Form 6

Article 2(9)

SCHEDULE 5 Form 6A

Article 2(10)

SCHEDULE 6 Form 7

Article 2(11)

SCHEDULE 7 Form 7A

Article 2(12)

SCHEDULE 8 Form 8

Article 2(13)

SCHEDULE 9 Form 9

Article 2(14)

SCHEDULE 10 Form 10

Article 3(2)

SCHEDULE 11 Form 1

Article 4

SCHEDULE 12 Form 5A

Article 5(b)

SCHEDULE 13 Form 5ZA

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the forms used at local elections held in Northern Ireland for ballot papers, directions as to printing the ballot paper, declarations of identity, poll cards, postal poll cards, proxy poll cards, proxy postal poll cards, guidance for voters, certificates of employment, declarations made by the companions of voters with disabilities, proxy papers, and declarations of identity at combined polls. This Order also removes the requirement for a witness to a declaration of identity to provide a name and address and defines who may act as a witness.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

2000 c. 41; amendments have been made to section 7 but they are not relevant to this Order.

(2)

1998 c. 47.

(3)

Section 84(1A) was inserted by section 3(4) of the Elections Act 2001 (c. 7).

(4)

1962 c. 14.

(5)

Schedule 5 was substituted in its entirety by S.I. 1985/454.

(6)

Rule 21 (as substituted) was amended by S.I. 1987/168; S.I. 2010/2977; and S.I. 2014/1116. In addition, section 4 of, and the Schedule to, the Elections Act 2001 (c. 7) and S.I. 2013/3156 made non-textual amendments.

(7)

S.I. 1985/454.

(8)

Rule 26 (as substituted) was amended by S.I. 2001/417; Schedule 4 to the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33); S.I. 2010/2977; and S.I. 2014/1116. In addition, section 4 of, and the Schedule to, the Elections Act 2001 (c. 7) and S.I. 2013/3156 made non-textual amendments.

(9)

Form 3 was amended by S.I. 2001/417 and paragraph 61 of Schedule 1 to the Electoral Administration Act 2006 (c. 22).

(10)

Form 4 was amended by S.I. 2001/417; paragraph 61 of Schedule 1 to the Electoral Administration Act 2006 (c. 22); and S.I. 2010/2977.

(11)

Form 5 was amended by S.I. 1990/595; S.I. 2002/2835; paragraph 61 of Schedule 1 to the Electoral Administration Act 2006 (c. 22); S.I. 2010/2977; and S.I. 2014/1116.

(12)

Form 6 was amended by S.I. 1991/1715 and S.I. 2010/2977.

(13)

Form 6A was inserted by S.I. 2014/1116.

(14)

Form 7 was amended by S.I. 2010/2977.

(15)

Form 7A was inserted by S.I. 2014/1116.

(16)

Form 8 was amended by paragraph 61 of Schedule 1 to the Electoral Administration Act 2006 (c. 22) and S.I. 2010/2977.

(17)

Form 9 was amended by S.I. 1987/168 and S.I. 2010/2977.

(18)

Form 10 was amended by S.I. 2001/417 and paragraph 68 of Schedule 1 to the Electoral Administration Act 2006 (c. 22).

(19)

S.I. 1985/454.

(20)

The Appendix to Part 1 of Schedule 2 was substituted by S.I. 1987/168 and amended by S.I. 2005/1969; S.I. 2010/2977 (including re-numbering the forms); and S.I. 2014/1116.

(21)

Paragraph 17A was inserted by S.I. 2002/2835 and amended by S.I. 2010/2977.

(22)

2001 c. 7; Form 5A is inserted into the Appendix of Forms in Schedule 5 to the 1962 Act only for the purpose of a combined local and parliamentary election, and that inserted form was amended by S.I. 2010/2977 and S.I. 2014/1116.

(23)

S.I. 2013/3156; the Schedule inserts provisions into Schedule 5 to the 1962 Act only for the purpose of a combined local and European parliamentary election.

(24)

The inserted form 5A was amended by S.I. 2014/1116.