Local Elections (Northern Ireland) Order 1985
| Jurisdiction | UK Non-devolved |
| Citation | SI 1985/454 |
| Year | 1985 |
1985 No. 454
NORTHERN IRELAND
The Local Elections (Northern Ireland) Order 198520thMarch 1985
27thMarch 1985
At the Court at Buckingham Palace, the 20th day of March 1985
Present,
The Queen's Most Excellent Majesty in Council
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 38(1)(a) and (4) of the Northern Ireland Constitution Act 1973(a), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Citation, commencement and extent
1.— (1) This Order may be cited as the Local Elections (Northern Ireland) Order 1985 and shall come into operation on the seventh day after the day on which it is made.
(2) This Order extends to Northern Ireland only.
Interpretation
2.— (1) The Interpretation Act (Northern Ireland) 1954(b) shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
(a) 1973 c. 36; section 38 was amended by paragraph 6 of Schedule 2 to the Northern Ireland Act 1982 (c. 38) and the powers in section 38(1) are referred to in section 5(1) of the Elections (Northern Ireland) Act 1985 (c. 2).
(b) 1954 c. 33 (N.I.).
(2) In this Order "the Act of 1962" means the Electoral Law Act (Northern Ireland) 1962(a).
(3) In this Order expressions have the same meaning as in the Act of 1962.
Revocations
3.— (1) The provisions of the Northern Ireland (Local Elections) Order 1977(b), except Article 3 of, and Schedule 1 to, that Order shall cease to have effect on the coming into operation of this Order and that Order shall be revoked on 15th May 1985.
(2) The Northern Ireland (Variation of Limits of Candidates' Election Expenses) Order 1981(c) is hereby revoked.
Local elections rules
4. For the local elections rules set out in Schedule 5 to the Act of 1962(d) there shall be substituted the rules set out in Schedule 1.
District electoral areas
5. At a local election there shall be a separate election for each district electoral area and each such area shall return such number of councillors as is provided by the Order in Council under section 38(1) (a) of the Northern Ireland Constitution Act 1973 constituting the area in question.
Manner of voting
6.— (1) A local elector may vote in person at the polling station allotted to him under the local elections rules in Schedule 5 to the Act of 1962 (as substituted by Schedule 1) unless he is entitled as an elector to an absent vote at the election.
(2) He may vote by post if he is entitled as an elector to vote by post at the election.
(3) If he is entitled to vote by proxy at the election, he may so vote unless, before a ballot paper has been issued for him to vote by proxy, he applies at the polling station allotted to him for a ballot paper for the purpose of voting in person, in which case he may vote in person there.
(4) The provisions of Parts I and II of Schedule 2 shall have effect as respects the entitlement to vote by post or to vote by proxy at a local election and as respects the appointment of proxies and voting by post or by proxy.
(a) 1962 c. 14 (N.I.).
(b) S.I. 1977/428.
(c) S.I. 1981/229.
(d) Schedule 5 was substituted by Schedule 2 to the Northern Ireland (Local Elections) Order 1977.
(5) Accordingly, at the end of section 67 of the Act of 1962 (voting by proxy)(a), there shall be added the following subsection—
"(5) This section and Schedule 7 shall not apply at a local election.".
(6) A local elector shall not be entitled to vote in person as an elector where he has applied to be treated as an absent voter and is entitled in pursuance of the application to vote by post.
(7) If a local elector is not entitled as an elector to vote by post or by proxy at the election but is unable or likely to be unable to go to the polling station allotted to him by reason of the particular circumstances of his duties on the date of the poll either—
(a) as a constable,
(b) as a member of Her Majesty's forces (including Her Majesty's reserve or auxiliary forces) in connection with the election, or
(c) by reason of his employment by the returning officer in connection with the election,
he may vote in person as elector at any polling station in the district electoral area.
(8) The proceedings in connection with the issue and receipt of postal ballot papers at a local election shall be conducted in accordance with Part III of Schedule 2.
Election day
7.— (1) In section 11 of the Act of 1962 (election and term of office of members of district councils)(b), after subsection (1) there shall be inserted:
"(1A) The election day referred to in subsection (1) is the third Wednesday in May.".
(2) In section 130(1) of the Act of 1962 (interpretation), after the definition of "election court" there shall be inserted:
""election day" has the meaning given in section 11(1) and (1A);".
Variation of certain time limits
8.—(1) In section 23(7) of the Act of 1962 (returning officer at local election to submit account of expenses to local authority within three months of the declaration of the result of the election), for the words "three months" there shall be substituted the words "six months".
(2) At the end of section 24(1) of the Act of 1962 (time during which claims must be made against the returning officer), there shall be added the words "In the case of a local election, this subsection shall have effect as if, for the period of twenty-one days referred to above, there were substituted a period of forty-two days".
(a) Section 67 was extended by Article 6 of the Northern Ireland (Local Elections) Order 1977.
(b) Section 11 was substituted by Article 3(1) of the Electoral law (Northern Ireland) Order 1972 (S.I. 1972/1264 (N.I.13)).
Limit on candidates' election expenses
9. In section 42(1) of the Act of 1962 (limit on candidates' election expenses at an election)(a), for the words from "current register" to the end there shall be substituted the words "current register, and for a candidate at a local election is £135 together with an additional 2.8p for every entry in the register of electors to be used at the election (as first published)".
Fee for inspection of returns and declarations as to election expenses
10. In subsection (1) of section 52 of the Act of 1962 (inspection of returns and declarations)(b), after the words "5p" and after the words "1p" there shall be inserted the words "in the case of a return or declaration relating to a parliamentary election," and at the end of the subsection there shall be inserted the following:—
"Where the return or declaration relates to a local election, the fee for inspection shall be £1 and the price of copies shall be 10p for each side of each page.".
Right to send election address post free
11. In subsection (1) of section 53 of the Act of 1962 (right to send election address post free), after the word "parliamentary" there shall be inserted the words "or local".
Deposit
12.— (1) In section 60 of the Act of 1962 (candidates' deposit), in subsection (1) after the word "election" there shall be inserted the words "(other than a local election)"; and in subsection (3), paragraph (b) shall cease to have effect.
(2) In section 61 of the Act of 1962 (return or disposal of deposit)—
(a) in subsection (1) the words "or Local Elections Rules as the case may be",
(b) in subsection (3), paragraph (b),
(c) in subsection (5), paragraph (b), and
(d) in subsection (8), paragraph (c),
shall cease to have effect.
Disapplication of section 110 of the Act of 1962
13. Section 110 of the Act of 1962 (compensation where charge of personation is unjustly made or not prosecuted) shall not apply at a local election and accordingly in subsection (1) of that section the words "or Rule 37 of the Local Elections Rules" shall be omitted.
(a) Section 42(1) was amended (so far as material) by Article 13(2)(c) of the Electoral Law (Northern Ireland) Order 1972.
(b) Section 52(1) is read in accordance with section 10 of, and Schedule 1 to, the Decimal Currency Act 1969 (c. 19).
Voting offences
14.— (1) The following amendments shall be made to Schedule 9 to the Act of 1962 (electoral offences).
(2) In sub-paragraph (a) of paragraph 5 (offences as to proxy voting) after the word "parliamentary" there shall be inserted the words "or local".
(3) In paragraph 10(1) (offences in connection with legal incapacity to vote):—
(a) at the end of paragraph (a), there shall be added the words "or votes by post at a local election", and
(b) in paragraph (b), after the word "parliamentary" there shall be inserted the words "or local".
(4) In paragraph 11 (b) (voting in person where entitled to vote by post) after the word "parliamentary" there shall be inserted the words "or local".
(5) In paragraph 12(1)(b) (voting as proxy for person subject to legal incapacity), after the word "votes" there shall be inserted the words "(at a local election, whether in person or by post)".
(6) After paragraph 12 (proxy offences) there shall be inserted the following paragraph:—
"12A.— (1) For the purposes of the offences in sub-paragraphs (c) and (d) of paragraph 11 (voting offences as elector at local elections) and sub-paragraph (d) of paragraph 12(2) (voting offence as proxy at local elections) a person who has applied for a ballot paper for the purpose of voting in person, or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, shall be deemed to have voted.
(2) Where a person is alleged to have committed an offence under the provisions referred to in sub-paragraph (1) by voting on a second or subsequent occasion, he shall not be deemed by virtue of that sub-paragraph to have voted by applying on a previous occasion for a ballot paper for the purpose of voting in person unless he then marked a tendered ballot paper under rule 37(4) of the local elections rules.".
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