OpenLegislation

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

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2015, ISBN 9780111126677

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 84(4) of the Northern Ireland Act 1998, for approval by resolution of each House of Parliament.

Northern Ireland

Made ***

Coming into force in accordance with Article 1(2)

At the Court at Buckingham Palace, the *** day of ***

Present,

The Queen’s Most Excellent Majesty in Council

In accordance with section 7(3) of the Political Parties, Elections and Referendums Act 2000f1, 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 1998f2 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 1998f3, is pleased, by and with the advice of Her Privy Council, to order as follows:

Annotations to the whole text

Footnotes

f1

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

f2

1998 c. 47.

f3

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

Contents

  1. 1Citation, commencement, extent and interpretation
  2. 2Amendment of the 1962 Act
  3. 3Amendment of the Local Elections (Northern Ireland) Order 1985
  4. 4Amendment of the Elections Act 2001
  5. 5Amendment of the Local Elections (Northern Ireland) Order 2013
  6. Signature
  7. Schedule 1Form 3
  8. Schedule 2Form 4
  9. Schedule 3Form 5
  10. Schedule 4Form 6
  11. Schedule 5Form 6A
  12. Schedule 6Form 7
  13. Schedule 7Form 7A
  14. Schedule 8Form 8
  15. Schedule 9Form 9
  16. Schedule 10Form 10
  17. Schedule 11Form 1
  18. Schedule 12Form 5A
  19. Schedule 13Form 5ZA
  20. Explanatory note

1Citation, commencement, extent and interpretation

(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) 1962f1.

2Amendment of the 1962 Act

(1)

Schedule 5 to the 1962 Act (local elections rules)f1 is amended as follows.

(2)

In rule 21 (postal ballot papers)f2, 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 1985f3”.

(3)

In rule 26 (equipment of polling stations)f4—

(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)f5 with the form in Schedule 1 to this Order.

(6)

Replace form 4 (directions as to printing the ballot paper)f6 with the form in Schedule 2 to this Order.

(7)

Replace form 5 (declaration of identity)f7 with the form in Schedule 3 to this Order.

(8)

Replace form 6 (elector’s official poll card)f8 with the form in Schedule 4 to this Order.

(9)

Replace form 6A (elector’s official postal poll card)f9 with the form in Schedule 5 to this Order.

(10)

Replace form 7 (proxy’s official poll card)f10 with the form in Schedule 6 to this Order.

(11)

Replace form 7A (proxy’s official postal poll card)f11 with the form in Schedule 7 to this Order.

(12)

Replace form 8 (form of directions for the guidance of voters in voting)f12 with the form in Schedule 8 to this Order.

(13)

Replace form 9 (form of certificate of employment)f13 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)f14 with the form in Schedule 10 to this Order.

3Amendment of the Local Elections (Northern Ireland) Order 1985

(1)

Schedule 2 to the Local Elections (Northern Ireland) Order 1985f1 is amended as follows.

(2)

In Part 1 (voting by post, by proxy and by post as proxy), in the Appendixf2, 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)f3—

(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.”.

4Amendment of the Elections Act 2001

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))f1 with the form in Schedule 12 to this Order.

5Amendment of the Local Elections (Northern Ireland) Order 2013

In paragraph 23 of the Schedule to the Local Elections (Northern Ireland) Order 2013f1—

(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))f2 with the form in Schedule 13 to this Order.

Signature

Richard Tilbrook

Clerk of the Privy Council

Date

Schedule 1Form 3

Form of front of ballot paper

Form of back of ballot paper

Schedule 2Form 4

Schedule 3Form 5

Schedule 4Form 6

Schedule 5Form 6A

Schedule 6Form 7

Schedule 7Form 7A

Schedule 8Form 8

Schedule 9Form 9

Schedule 10Form 10

Schedule 11Form 1

Schedule 12Form 5A

Schedule 13Form 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.