Schedule 1

For Schedule 1 to the 2001 Order substitute—

“SCHEDULE 1

APPLICATION WITH MODIFICATIONS OF PROVISIONS OF THE 1983 ACT, THE ELECTIONS (NORTHERN IRELAND) ACT 1985 AND THE 1985 ACT

Article 3(1)

Provision applied	Modifications
THE REPRESENTATION OF THE PEOPLE ACT 1983
Section 13BA (alteration of registers in Northern Ireland: pending election)f1
In section 18A (polling districts at parliamentary elections), subsection (1)f2
In section 18B (polling places at parliamentary elections), subsection (1)
Section 18E
Section 23 (rules for parliamentary elections)
Section 29 (payments by and to returning officer)f3	Omit subsections (1) and (2).
	In subsection (5), for the words from “charged on” to “before”, substitute “paid by the Secretary of State on an account being submitted to him, but he may, if he thinks fit, before”.
	Omit subsection (6).
	Omit subsection (9).
Section 30 (taxation of returning officer’s account)
Section 49 (effect of registers)f4	In subsection (5)(b)(iv) for “a local government” substitute “an”.
Section 50 (effect of misdescription)
In section 52 (discharge of registration duties), subsection (5)f5	Omit the words from “Subsection” to “but”.
Section 54 (payment of registration expenses)f6
Section 60 (personation)
Section 61 (other voting offences)f7	In paragraphs (a) and (b) of subsection (1) omit the words “or at parliamentary or local government elections” and “or, as the case may be, at elections of that kind”.
Section 62A (offences relating to applications for postal and proxy votes)f8	In subsection (1)(a) omit the words “or local government”. Omit subsection (6)
Section 63 (breach of official duty)f9	In subsection (3)— (a) omit paragraphs (a) and (c); (b) in paragraph (b) omit the words “sheriff clerk”; and (c) in paragraph (e) for the words “(a) to (d)”f10 substitute “(b) and (d)”. Omit subsections (4) and (5).
Section 65 (tampering with nomination papers, ballot papers etc.)f11
Section 65A (false statements in nomination papers etc.)f12
Section 66 (requirement of secrecy)f13
Section 66A (prohibition on publication of exit polls)f14
Section 67 (appointment of election agent)f15
Section 68 (nomination of sub-agent at parliamentary elections)f16
Section 69 (office of election agent and sub-agent)f17
Section 70 (effect of default in election agent’s appointment)f18
Section 71A (control of donations to candidates)f19
Section 73 (payment of expenses through election agent)f20
Section 74 (expenses which may be paid otherwise than by election agent)f21
Section 74A (expenses incurred otherwise than for election purposes)f22
Section 75 (prohibition of expenses not authorised by election agent)f23	Omit subsection (4) to (4C).f24
Section 76 (limitation of election expenses)f25
Section 77 (expenses limit for joint candidates at local election)	In subsection (1), for the words “a local government” substitute “an Assembly”.
Section 78 (time for sending in and paying claims)f26
Section 79 (disputed claims)f27
Section 80 (election agent’s claim)
Section 81 (return as to election expenses)f28
Section 82 (declarations as to election expenses)f29
Section 83 (where no return and declarations needed at parliamentary elections)
Section 84 (penalty for failure as respects returns or declarations)
Section 86 (authorised excuses for failures as to return and declarations)f30
Section 87 (court’s power to require information from election agent or sub-agent)f31
Section 87A (duty of appropriate officer to forward returns and declarations to Electoral Commission)f32	Omit subsection (1) and in subsection (2) for the words from “any election” to “above” substitute “an Assembly election”.
Section 88 (publication of time and place for inspection of returns and declarations)f33
Section 89 (inspection of returns and declarations)f34	In subsections (1) and (2), for the words “two years”, in each place where they occur, substitute “12 months”.
Section 90ZA (meaning of “election expenses”)f35
Section 90C (property, goods and services etc. provided free of charge or at a discount)f36
Section 91 (candidate’s right to send election address post free)f37
Section 92 (broadcasting from outside United Kingdom)f38
Section 93 (broadcasting of local items during election period)f39	For subsection (5), substitute— “(5) For the purposes of subsection (1) “the election period” in relation to an Assembly election means the period beginning with the last date on which notice of election may be published in accordance with the elections rules and ending with the date of the poll.”.
Section 94 (imitation poll cards)f40
Section 97 (disturbances at election meetings)	For subsection (2), substitute— “(2) This section applies to a political meeting held in any constituency in connection with an Assembly election on any date between the last date on which notice of an election may be published in accordance with the elections rules and the date of the poll.”.
Section 99 (officials not to act for candidates)f41
Section 100 (illegal canvassing by police officers)f42
Section 106 (false statements as to candidates)f43
Section 107 (corrupt withdrawal from candidature)
Section 109 (payments for exhibition of election notices)
Section 110 (printer’s name and address on election publications)f44
Section 111 (prohibition of paid canvassers)
Section 112 (providing money for illegal purposes)
Section 113 (bribery)
Section 114 (treating)
Section 115 (undue influence)
Section 116 (rights of creditors)
Section 117 (savings as to parliamentary elections)
Section 118 (interpretation of Part II)f45
Section 118A (meaning of candidate)f46	In subsection (2) – (a) for “Parliament” substitute “the Assembly” and (b) for the words “the writ for the election is issued” substitute “the election is held”.
Section 119 (computation of time for purposes of Part II)f47
Section 120 (method of questioning parliamentary election)
Section 121 (presentation and service of parliamentary election petition)f48
Section 122 (time for presentation or amendment of parliamentary election petition)f49	In subsection (1), for the words from “the return” to the end substitute “the day on which the relevant result was declared in accordance with rule 50 of the elections rules”.
	In subsection (2), for the words “that return” substitute “that declaration of the result of the election”.
Section 123 (constitution of election court and place of trial)
Section 124 (judges' expenses and reception: England and Wales and Northern Ireland)f50	For “the Treasury” substitute “the Secretary of State”.
Section 126 (attendance of the House of Commons shorthand writer)f51	In subsection (1), for the words “The shorthand writer of the House of Commons or his deputy” substitute “A shorthand writer”.
	In subsection (2), for the word “Speaker” substitute “Chief Electoral Officer”.
	In subsection (3), omit the words “In Scotland” and for the words “section 125” substitute “section 124”.
Section 136 (security for costs)f52
Section 137 (petition at issue)f53
Section 138 (list of petitions)f54	In subsection (3), omit the words from the beginning of the subsection to “local government Act”.
Section 139 (trial of petition)	In subsection (3) omit the words from “the acceptance” to “notwithstanding”, in the third place where it occurs.
Section 140 (witnesses)f55
Section 141 (duty to answer relevant questions)f56
Section 143 (expenses of witnesses)
Section 144 (conclusion of trial of parliamentary election petition)	In subsections (2), (4) and (6), for the word “Speaker”, in each place where it occurs, substitute “Chief Electoral Officer”.
	Omit subsections (5) and (7).
Section 146 (special case for determination of High Court)	In subsection (2), for the word “Speaker” substitute “Chief Electoral Officer”.
Section 147 (withdrawal of petition)
Section 154 (costs of petition)
Section 155 (neglect or refusal to pay costs)
Section 156 (further provision as to costs)f57
Section 157 (appeals and jurisdiction)f58	For subsection (2), substitute— “(2) Subject to the provisions of this Act and the rules made under it, the principles, practice and rules on which election courts act in dealing with parliamentary election petitions shall be observed, so far as may be, by the High Court and election court in the case of election petitions relating to Assembly elections.”.
Section 158 (report as to candidate guilty of a corrupt or illegal practice)
Section 159 (candidate reported guilty of corrupt or illegal practice)f59
Section 160 (persons reported personally guilty of corrupt or illegal practices)f60	In subsection (4) – (a) after the word “Kingdom” insert “or local election”; and (b) after the word “Commons”, in each place where it occurs, insert “or the Assembly”.
	Omit subsection (6)
Section 161 (justice of the peace)f61
Section 162 (member of legal and certain other professions)
Section 163 (holder of licence or certificate under the Licensing Acts)
Section 164 (avoidance of election for general corruption etc.)
Section 165 (avoidance of election for employing corrupt agent)
In section 166 (votes to be struck off for corrupt or illegal practices), subsections (2) and (3)
Section 167 (application for relief)f62
Section 168 (prosecutions for corrupt practices)f63
Section 169 (prosecutions for illegal practices)f64
Section 170 (conviction of illegal practice on charge or corrupt practice etc.)
Section 173 (incapacities on conviction of corrupt or illegal practice)f65	In subsection (1)— (a) after the word “Kingdom” insert “or local election”; and (b) after the word “Commons”, in each place where it occurs, insert “or the Assembly”. In subsection (7)— (a) for the words from “House” to “elective office” substitute “Assembly”; and (b) for the words from “Parliament” to “that office” substitute “the Assembly”.
	Omit subsection (10).
Section 174 (mitigation and remission etc.)f66
Section 175 (illegal payments etc.)f67
Section 176 (time limit for prosecutions)f68
Section 178 (prosecution of offences committed outside the United Kingdom)f69
Section 179 (offences by associations)
Section 180 (evidence by certificate of holding of elections)
Section 180A (evidence by certificate of electoral registration)f70
Section 181 (Director of Public Prosecutions)f71
Section 183 (costs)
Section 184 (service of notices)f72
Section 185 (interpretation of Part III)f73
Section 186 (computation of time for purposes of Part III)
Section 199B (translations etc of certain documents)f74	In subsection (1) omit “or local government”.
	In subsections (5) and (7) omit “or a local government election”.
	In subsection (6)— (a) for paragraph (a) substitute— “(a) where only one candidate is to be elected, must have printed the words “VOTE FOR AS MANY CANDIDATES AS YOU WISH IN ORDER OF PREFERENCE” both at the top and immediately below the list of candidates”; (b) omit paragraph (b); and (c) in paragraph (c), omit “in each case”.
	Omit subsection (10).
Section 200 (public notices, and declarations)f75
Section 200A (remuneration for free postal services provided under Act)f76	In subsection (3), for the words from “charged” to the end substitute “paid by the Secretary of State”.
Section 202 (general provisions as to interpretation)f77
Section 205 (general application to Northern Ireland)f78
SCHEDULE 1 (PARLIAMENTARY ELECTIONS RULES)
Rule 1 (timetable).	For the Timetable substitute— “ TIMETABLE Proceeding Time Publication of notice of election Not later than the 25th day before the date of the poll. Delivery of nomination papers Between the hours of 10 a.m. and 4 p.m. on any day after the date of publication of the notice of election, but not later than 1.00 p.m. on the 16th day before the date of the poll. Delivery of notices of withdrawals of candidature Within the time for the delivery of nomination papers at the election. The making of objections to nomination papers During the hours allowed for delivery of nomination papers and, on the 16th day before the date of the poll, the hour following: the foregoing provisions do not apply to objections made in pursuance of rule 15(2) below. Publication of statement of persons nominated. If no objections to nomination papers are made, 6.00 p.m. on the 16th day before the date of the poll (or as soon as practicable thereafter); or if any objections are made, not before they are disposed of but not later then 24 hours after the last time for delivery of nomination papers. Polling. Between the hours of 7 a.m. and 10 p.m. on the day of the poll. ”.
Rule 2 (computation of time)f79	For paragraph (2) substitute— “(2) In this rule “bank holiday” means a day which is a bank holiday under the Banking and Financial Dealings Act 1971f80 in Northern Ireland.”.
Rule 5 (notice of election)f81
Rule 6 (nomination of candidates)f82	In paragraph (3)(b), omit the words from “or, where” to the end.
Rule 6A (nomination papers: name of registered political party)f83
Rule 7 (subscription of nomination paper)f84	In paragraph (5), for the words from “than one nomination” to “delivered” substitute “nomination papers at the same election than there are vacancies to be filled and, if he does, his signature shall be inoperative on any paper other than the papers first delivered up to the number of vacancies”.
Rule 8 (consent to nomination)f85	In paragraph (3)(b), for the words “the House of Commons Disqualification” substitute “the Northern Ireland Assembly Disqualification” and for the words “House of Commons” substitute “Assembly”.
Rule 9 (deposit)f86	In paragraph (1), for “£500” substitute “£150”.
In rule 10 (place for delivery of nomination papers), paragraph (1)
Rule 11 (right to attend nomination)f87
Rule 12 (decisions as to validity of nomination papers)f88
Rule 13 (withdrawal of candidates)
Rule 14 (publication of statement of persons nominated)f89
Rule 14A (correction of minor errors)f90
Rule 15 (disqualification by Representation of the People Act 1981)
Rule 16 (adjournment of nomination proceedings in case of riot)
Rule 17 (method of election)	In paragraph (1), for the words “than one person standing nominated” substitute “persons standing nominated than there are members to be elected”.
	In paragraph (2), for the words “only one person standing nominated, that person” substitute “a number of persons standing nominated which is equal to, or less than, the number of members to be elected, those persons”.
Rule 18 (poll to be taken by ballot)	For the words from “result” to the end of the rule, substitute “votes given to each candidate shall be counted and the result of the poll determined in accordance with rules 44A to 44M of these rules”.
Rule 19 (the ballot papers)f91	For paragraph (2A) substitute “If, on behalf of a candidate who is the subject of a party’s authorisation under rule 6A(1), the registered nominating officer of that party so requests, the ballot paper shall contain, against the candidate’s particulars, the party’s registered emblem (or, as the case may be, one of the party’s registered emblems)”.
Rule 19A (corresponding number list)f92
Rule 20 (the official mark)f93
Rule 21 (prohibition of disclosure of vote)
Rule 22 (use of schools and public rooms)	In paragraphs (1) and (2) after the word “poll” insert “or counting the votes”.
Rule 23 (notice of poll)f94
Rule 24 (postal ballot papers)f95
Rule 25 (provision of polling stations)
Rule 26 (appointment of presiding officers and clerks)f96
Rule 28 (issue of official poll cards)f97
Rule 29 (equipment of polling stations)f98	In paragraph (5) for the words from “the notice” to the end substitute “the notice set out in the Appendix”.
Rule 30 (appointment of polling and counting agents)f99
Rule 31 (notification of requirement of secrecy)f100
In rule 31A (return of postal ballot papers), paragraphs (1) and (3)f101	In paragraph (1) for the words “in the prescribed manner” substitute “as provided for in regulation 86(5) of the 2008 Regulations.”f102
Rule 32 (admission to polling station)f103
Rule 33 (keeping of order in station)
Rule 34 (sealing of ballot boxes)
Rule 35 (questions to be put to voters)f104
Rule 36 (challenge of voter)f105
Rule 37 (voting procedure)f106	In paragraph (1E)(b) for the words from “the United” to the end substitute “a member State of the European Union”.
	Omit paragraph (1F)
	For paragraph (2), substitute— “(2) The voter, on receiving the ballot paper, must immediately proceed into one of the compartments in the polling station and there must— (a) secretly record his vote by placing on the ballot paper “1” opposite the name of the candidate of his first choice and, if he wishes, by placing “2” opposite the name of the candidate of his second choice, “3” opposite the name of the candidate of his third choice and so on in the order of his preference; (b) fold the paper so that his vote is concealed; (c) show to the presiding officer the back of the paper so as to disclose the number and other unique identifying mark; and (d) put the folded paper into the ballot box in the presence of the presiding officer.”.
Rule 38 (votes marked by presiding officer)f107	In paragraph (1) for the words “vote to be marked on a ballot paper” substitute “ballot paper to be marked”.
Rule 39 (voting by persons with disabilities)f108
Rule 40 (tendered ballot papers)f109
Rule 40A (refusal to deliver ballot paper)f110
Rule 41 (spoilt ballot papers)
Rule 41B (correction of errors on day of poll: Northern Ireland)f111
Rule 42 (adjournment of poll in case of riot)
Rule 43 (procedure on close of poll)f112
Rule 44 (attendance at counting of votes)f113	Omit paragraph (5).
	After rule 44 insert the following rules— “Interpretation of rules 44B to 44M 44A In rules 44B to 44M— “continuing candidate” means any candidate not deemed to be elected and not excluded; “count” means all the operations involved in the counting of the first preferences recorded for candidates, the transfer of the surpluses of elected candidates, and the transfer of the votes of excluded candidates; “deemed to be elected” means deemed to be elected for the purposes of the counting of votes but without prejudice to the declaration of the result of the poll; “mark” means a figure, a word written in the English language or a mark such as “X”; “non-transferable vote” means a ballot paper– (a) on which no second or subsequent preference is recorded for a continuing candidate, or (b) which is excluded by the returning officer under rule 44G(4) below; “preference” as used in the following contexts has the meaning assigned below– (a) “first preference” means the figure “1” or any mark or word which clearly indicates a first (or only) preference; (b) “next available preference” means a preference which is the second or, as the case may be, subsequent preference recorded in consecutive order for a continuing candidate (any candidate who is deemed to be elected or is excluded thereby being ignored); and (c) in this context, a “second preference” is shown by the figure “2” or any mark or word which clearly indicates a second preference, a third preference by the figure “3” or any mark or word which clearly indicates a third preference, and so on; “quota” means the number calculated in accordance with rule 44E; “surplus” means the number of votes by which the total number of votes for any candidate (whether first preference or transferred votes, or a combination of both) exceeds the quota; but, references in these rules to the transfer of the surplus means the transfer (at a transfer value) of all transferable papers from the candidate who has the surplus; “stage of the count” means – (a) the determination of the first preference vote for each candidate; or (b) the transfer of a surplus of a candidate deemed to be elected; or (c) the exclusion of one or more candidates at any given time. “transferable paper” means a ballot paper on which, following a first preference, a second or subsequent preference is recorded in consecutive numerical order for a continuing candidate; “transferred vote” means a vote derived from a ballot paper on which a second or subsequent preference is recorded for the candidate to whom that paper has been transferred; “transfer value” means the value of a transferred vote calculated in accordance with paragraph (4) or (7) of rule 44F. Preliminary proceedings and conduct of the count 44B (1) The returning officer shall— (a) in the presence of the counting agents open each ballot box and count and record the number of ballot papers in it; (b) in the presence of the election agents verify each ballot paper account; and (c) count such of the postal ballot papers as have been duly returned and record the number counted. (2) The returning officer shall not count the votes given on any ballot papers until— (a) in the case of the postal ballot papers, they have been mixed with the ballot papers from at least one ballot box; and (b) in the case of ballot papers from a ballot box, they have been mixed with the ballot papers from at least one other ballot box. (3) A postal ballot paper shall not be deemed to be duly returned unless— (a) it is returned in the proper envelope so as to reach the returning officer before the close of the poll and is accompanied by the declaration of identity duly signed and authenticated; and (b) in the case of an elector, that declaration of identity states the date of birth of the elector and the returning officer is satisfied that the date stated corresponds with the date supplied as the date of the elector’s birth pursuant to section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of this Actf114, as applied by Schedule 1 to the Elected Authorities (Northern Ireland) Act 1989f115. (4) In the case of an elector, unless section 10(4B), 10A(1B) or 13A(2B) of this Act (as applied by Schedule 1 to the Elected Authorities (Northern Ireland) Act 1989) applies, the declaration of identity referred to in paragraph (3) shall be taken not to be duly signed unless the returning officer is satisfied that the signature on the declaration corresponds with the signature supplied as the elector’s signature pursuant to section 10(4A)(a), 10A(1A)(a) or 13A(2A)(a) of this Act (as so applied). (5) The returning officer shall not count any tendered ballot paper. (6) The returning officer, while counting and recording the number of ballot papers and counting the votes, shall keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers and other unique identifying mark printed on the back of the papers. (7) The returning officer shall verify each ballot paper account by comparing it with the number of ballot papers recorded by him, and the unused and spoilt papers in his possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and shall draw up a statement as to the result of the verification, which any election agent may copy. (8) The returning officer shall so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, excluding (except so far as he and the agents otherwise agree) the hours between 11 in the evening and 9 on the following morning. For the purposes of this exception the agreement of a candidate or his election agent shall be as effective as the agreement of his counting agents. (9) During the time so excluded the returning officer shall – (a) place the ballot papers and other documents relating to the election under his own seal and the seals of such of the counting agents as desire to affix their seals; and (b) otherwise take proper precautions for the security of the papers and documents. Rejected ballot papers 44C (1) Any ballot paper— (a) which does not bear the official mark and other unique identifying mark; (b) on which the figure “1” standing alone is not placed so as to indicate a first preference for any candidate; (c) on which the figure “1” standing alone indicating a first preference is set opposite the name of more than one candidate; (d) on which anything (other than the printed number on the back) is written or marked by which the voter can be identified; or (e) which is unmarked or void for uncertainty, shall be void and not counted, but the ballot paper shall not be void by reason only of carrying the words “one”, “two”, “three”, (and so on) or any other mark instead of a figure if, in the opinion of the returning officer, the word or mark clearly indicates a preference or preferences. (2) The returning officer shall endorse “Rejected” on any ballot paper which under this rule is not to be counted and if an election agent objects to his decision shall add to the endorsement the words “rejection objected to”. (3) The returning officer shall prepare a statement showing the number of ballot papers rejected by him under each of sub-paragraphs (a), (b), (c), (d) and (e) of paragraph (1) above and shall, on request, allow any candidate or agent to copy that statement. (4) The decision of the returning officer on any question arising in respect of a ballot paper shall be final but shall be subject to review on an election petition. First stage 44D (1) The returning officer shall sort the ballot papers into parcels according to the candidates for whom first preference votes are given. (2) The returning officer shall then count the number of first preference votes given on ballot papers for each candidate and shall record those numbers. (3) The returning officer shall also ascertain and record the number of valid ballot papers. The quota 44E (1) The returning officer shall divide the number of valid ballot papers by a number exceeding by one the number of members to be elected. (2) The result, increased by one, of the division under paragraph (1) above (any fraction being disregarded) shall be the number of votes sufficient to secure the election of a candidate (in these rules referred to as “the quota”). (3) At any stage of the count a candidate whose total votes equals or exceeds the quota shall be deemed to be elected, except that at any election where there is only one vacancy a candidate shall not be deemed to be elected until the procedure set out in paragraphs (1) to (3) of rule 44H below has been complied with. Transfer of votes 44F (1) Where the number of first preference votes for any candidate exceeds the quota, the returning officer shall sort all the ballot papers on which first preference votes are given for that candidate into sub-parcels so that they are grouped— (a) according to next available preference given on those papers for any continuing candidate, or (b) where no such preference is given, as the sub-parcel of non-transferable votes. (2) The returning officer shall count the number of ballot papers in each sub-parcel referred to in paragraph (1) above. (3) The returning officer shall, in accordance with this rule and rule 44G below, transfer each sub-parcel of ballot papers referred to in paragraph (1)(a) above to the candidate for whom the next available preference is given on those papers. (4) The vote on each ballot paper transferred under paragraph (3) above shall be at a value (“the transfer value”) which— (a) reduces the value of each vote transferred so that the total value of all such votes does not exceed the surplus; and (b) is calculated by dividing the surplus of the candidate from whom the votes are being transferred by the total number of the ballot papers on which those votes are given, the calculation being made to two decimal places (ignoring the remainder if any). (5) Where at the end of any stage of the count involving the transfer of ballot papers, the number of votes for any candidate exceeds the quota, the returning officer shall sort the ballot papers in the sub-parcel of transferred votes which was last received by that candidate into separate sub-parcels so that they are grouped— (a) according to the next available preference given on those papers for any continuing candidate; or (b) where no such preference is given, as the sub-parcel of non-transferable votes. (6) The returning officer shall, in accordance with this rule and rule 44G below, transfer each sub-parcel of ballot papers referred to in paragraph (5)(a) above to the candidate for whom the next available preference is given on those papers. (7) The vote on each ballot paper transferred under paragraph (6) shall be at— (a) a transfer value calculated as set out in paragraph (4)(b) above; or (b) at the value at which that vote was received by the candidate from whom it is now being transferred, whichever is the less. (8) Each transfer of a surplus constitutes a stage in the count. (9) Subject to paragraph (10) below, the returning officer shall proceed to transfer transferable papers until no candidate who is deemed to be elected has a surplus or all the vacancies have been filled. (10) Transferable papers shall not be liable to be transferred where any surplus or surpluses which, at a particular stage of the count, have not already been transferred, are — (a) less than the difference between the total vote then credited to the continuing candidate with the lowest recorded vote and the vote of the candidate with the next lowest recorded vote; or (b) less than the difference between the total votes of the two or more continuing candidates, credited at that stage of the count with the lowest recorded total numbers of votes and the candidate next above such candidates. (11) This rule shall not apply at an election where there is only one vacancy. Supplementary provisions on transfer 44G (1) If, at any stage of the count, two or more candidates have surpluses, the transferable papers of the candidate with the highest surplus shall be transferred first, and if— (a) the surpluses determined in respect of two or more candidates are equal, the transferable papers of the candidate who had the highest recorded vote at the earliest preceding stage at which they had unequal votes, shall be transferred first; and (b) the votes credited to two or more candidates were equal at all stages of the count, the returning officer shall decide between those candidates by lot and the transferable papers of the candidate on whom the lot falls shall be transferred first. (2) The returning officer shall, on each transfer of transferable papers under rule 44F above— (a) record the total value of the votes transferred to each candidate; (b) add that value to the previous total of votes recorded for each candidate and record the new total; (c) record as non-transferable votes the difference between the surplus and the total transfer value of the transferred votes and add that difference to the previously recorded total of non-transferable votes; and (d) compare— (i) the total number of votes then recorded for all of the candidates, together with the total number of non-transferable votes, with (ii) the recorded total of valid first preference votes. (3) All ballot papers transferred under rule 44F or 44H shall be clearly marked, either individually or as a sub-parcel, so as to indicate the transfer value recorded at that time to each vote on that paper or, as the case may be, all the papers in that sub-parcel. (4) Where a ballot paper is so marked that it is unclear to the returning officer at any stage of the count under rule 44F or 44H for which candidate the next preference is recorded, the returning officer shall treat any vote on that ballot paper as a non-transferable vote; and votes on a ballot paper shall be so treated where, for example, the names of two or more candidates (whether continuing candidates or not) are so marked that, in the opinion of the returning officer, the same order of preference is indicated or the numerical sequence is broken. Exclusion of candidates 44H (1) If — (a) all transferable papers which under the provisions of rule 44F above (including that rule as applied by paragraph (11) below) and this rule are required to be transferred, have been transferred; and (b) subject to rule 44J below, one or more vacancies remain to be filled, the returning officer shall exclude from the election at that stage the candidate with the then lowest vote (or, where paragraph (12) below applies, the candidates with the then lowest votes). (2) The returning officer shall sort all the ballot papers on which first preference votes are given for the candidate or candidates excluded under paragraph (1) into two sub-parcels so that they are grouped as— (a) ballot papers on which a next available preference is given, and (b) ballot papers on which no such preference is given (thereby including ballot papers on which preferences are given only for candidates who are deemed to be elected or are excluded). (3) The returning officer shall, in accordance with this rule and rule 44G above, transfer each sub-parcel of ballot papers referred to in paragraph (2)(a) to the candidate for whom the next available preference is given on those papers. (4) The exclusion of a candidate, or of two or more candidates together, constitutes a further stage of the count. (5) If, subject to rule 44J, one or more vacancies still remain to be filled, the returning officer shall then sort the transferable papers, if any, which had been transferred to any candidate excluded under paragraph (1) into sub-parcels according to their transfer value. (6) The returning officer shall transfer those papers in the sub-parcel of transferable papers with the highest transfer value to the continuing candidates in accordance with the next available preferences given on those papers (thereby passing over candidates who are deemed to be elected or are excluded). (7) The vote on each transferable paper transferred under paragraph (6) shall be at the value at which that vote was received by the candidate excluded under paragraph (1). (8) Any papers on which no next available preferences have been expressed shall be set aside as non-transferable votes. (9) After the returning officer has completed the transfer of the ballot papers in the sub-parcel of ballot papers with the highest transfer value he shall proceed to transfer in the same way the sub-parcel of ballot papers with the next highest value and so on until he has dealt with each sub-parcel of a candidate excluded under paragraph (1). (10) The returning officer shall after each stage of the count completed under this rule— (a) record — (i) the total value of votes, or (ii) the total transfer value of votes transferred to each candidates; (b) add that total to the previous total of votes recorded for each candidate and record the new total; (c) record the value of non-transferable votes and add that value to the previous non-transferable votes total; and (d) compare— (i) the total number of votes then recorded for each candidate together with the total number of non-transferable votes, with (ii) the recorded total of valid first preference votes. (11) If after a transfer of votes under any provision of this rule, a candidate has a surplus, that surplus shall be dealt with in accordance with paragraphs (5) to (10) of rule 44F, and rule 44G. (12) Where the total of the votes of the two or more lowest candidates, together with any surpluses not transferred, is less than the number of votes credited to the next lowest candidate, the returning officer shall in one operation exclude such two or more candidates. (13) If when a candidate has to be excluded under this rule, two or more candidates each have the same number of votes and are lowest— (a) regard shall be had to the total number of votes credited to those candidates at the earliest stage of the count at which they had an unequal number of votes and the candidate with the lowest number of votes at that stage shall be excluded; and (b) where the number of votes credited to those candidates was equal at all stages, the returning officer shall decide between the candidates by lot and the candidate on whom the lot falls shall be excluded. Filling of last vacancies 44J (1) Where the number of continuing candidates is equal to the number of vacancies remaining unfilled the continuing candidates shall thereupon be deemed to be elected. (2) Where only one vacancy remains unfilled and the votes of any one continuing candidate are equal to or greater than the total of votes credited to other continuing candidates together with any surplus not transferred, the candidate shall thereupon be deemed to be elected. (3) Where the last vacancies can be filled under this rule, no further transfer of votes shall be made. Re-count 44K (1) The returning officer on completion of each stage of the count shall, before proceeding with the next stage, inform all the candidates and their election agents then present of his intention, subject to a request for a re-count, to proceed to the next stage. (2) The returning officer shall comply with a request from a candidate or his election agent for a re-count of the last completed stage made before the returning officer proceeds to the next stage, but nothing in this rule shall require the returning officer to re-count the same parcel or sub-parcel more than once. (3) The returning officer may, if he thinks fit, re-count ballot papers either once or more often. (4) Where as a result of a re-count an error is discovered, the returning officer shall, where necessary, amend any results previously announced by him. Order of election of candidates 44L (1) The order in which candidates whose votes equal or exceed the quota are deemed to be elected shall be the order in which their respective surpluses were transferred, or would have been transferred but for rule 44F(10). (2) A candidate credited with a number of votes equal to, and not greater than, the quota shall, for the purpose of this rule, be regarded as having had the smallest surplus at the stage of the count at which he obtained the quota. (3) Where the surpluses of two or more candidates are equal and are not required to be transferred, regard shall be had to the total number of votes credited to such candidates at the earliest stage of the count at which they had an unequal number of votes and the surplus of the candidate who had the greatest number of votes at that stage shall be deemed to be the largest. (4) Where the number of votes credited to two or more candidates were equal at all stages of the count, the returning officer shall decide between them by lot and the candidate or whom the lot falls shall be deemed to have been elected first. Decisions of returning officer 44M –The decision of the returning officer, whether expressed or implied, on any question which arises in relation to the exclusion of any candidate under rule 44H or to any ballot paper or transfer of votes shall be final, but may be reviewed on an election petition.”.
Rule 50 (declaration of result)	For paragraph (1) substitute— “(1) In a contested election, when the result of the poll has been ascertained, the returning officer shall forthwith— (a) declare to be elected the candidates who are deemed to be elected under rule 44B to 44M above; (b) notify their names to the Secretary of State; and (c) give public notice of— (i) the names of those candidates; (ii) the number of first preference votes for each candidate whether elected or not; (iii) any transfer of votes; (iv) the total number of votes for each candidate at each stage of the count at which such transfer took place; and (v) the order in which the successful candidates were elected.”.
	In paragraph (2), for the words from “person standing” to the end substitute “person or persons standing nominated, shall also declare that person or persons elected, and the returning officer shall forthwith notify his or their names to the Secretary of State.”.
Rule 53 (return or forfeiture of candidate’s deposit)f116	In paragraph (4), for the words from “after the counting” to the end of the paragraph substitute “if the number of votes credited to the candidate at any stage of the counting of the votes does not exceed one quarter of the quota”.
	Omit paragraph (5).
Rule 54 (sealing up of ballot papers)f117
In rule 55 (delivery of documents to relevant registration officer), paragraphs (1), (1B) and (5)f118	In paragraph (1) for the words “then forward to the relevant registration officer” substitute “retain”.
Rule 56 (orders for production of documents)f119	In paragraph (1), for the words “relevant registration officer” substitute “returning officer” and omit the words “by the House of Commons; or”.
	In paragraph (2), for the words “relevant registration officer's” substitute “returning officer's”.
	In paragraph (3), omit the words “House of Commons or”.
	In paragraphs (6) and (8), for the words “relevant registration officer”, in each place where they occur, substitute “returning officer”
Rule 57 (retention and public inspection of documents)f120	In paragraph (1)— (a) for the words “relevant registration officer” substitute “returning officer”; (b) for the words “forwarded to him in pursuance of these rules by a returning officer” substitute “to which rule 55(1) of these rules applies”; and (c) omit the words “the House of Commons or”.
Rule 60 (independent candidate)f121	Omit paragraph (4).
Rule 61 (deceased independent candidate wins)	In paragraph (1) omit the words “the majority of votes is given to” and at the end add “’s votes are equal to or exceed the quota”.
	In paragraph (4) omit the words “The returning officer must not return the writ and”.
	For paragraph (5) substitute— “(5) The day appointed for the poll shall be the first Thursday after the expiry of 30 days starting on the day of the election mentioned in rule 60(1)”.
	In paragraph (7) for “seventh” substitute “fourteenth” and for “after the day on which the writ is taken to be received” substitute “before the day appointed for the poll under paragraph (5)”.
	Omit paragraph (9).
Rule 62 (deceased independent candidate with equality of votes)	In sub-paragraph (a) for the words “rule 49” substitute “rule 44L(3) or (4)”.
Rule 63 (party candidate)	For paragraph (4) substitute— “(4) The day appointed for the poll shall be the first Thursday after the expiry of 30 days starting on the day the proof is given to the returning officer.”.
	In paragraph (7) for “seventh” substitute “fourteenth” and for “after the day on which the writ is taken to be received” substitute “before the day appointed for the poll under paragraph (4)”.
	In paragraph (8) from “seventh” to the end substitute “fourteenth working day before the day appointed for the poll under paragraph (4)”.
	Omit paragraph (9).
Rule 65 (abandoned poll)	In paragraph (1), omit sub-paragraph (a), and in sub-paragraph (b) omit the words “or 64(2)(b)”.
APPENDIX OF FORMS
Form of nomination paperf122	For the word “Parliament” substitute “the Northern Ireland Assembly”.
Form of ballot paperf123	For the form of the front of the ballot paper substitute the form set out in the Annex to this Schedule.
Directions as to printing the ballot paperf124	For the form substitute the form set out in the Annex to this Schedule.
Form of directions for the guidance of the voters in votingf125	In paragraph 1 omit the words from “Mark a cross” to the end. For paragraph 2 substitute— “Number the candidates in order of preference, putting “1” against the candidate of your 1st preference, “2” against your 2nd preference and so on. You should not put the same preference against more than one candidate. You may show your preference for as many or as few candidates as you wish. Put no other mark on the ballot paper, or your vote may not be counted”.
Form of declaration to be made by the companion of a voter with disabilitiesf126	After the form add the following form: “Form of notice to be displayed in compartments of polling stations REMEMBER USE 1, 2, 3 ETC AT THIS ELECTION This is an election by proportional representation. Number the candidates in order of your preference, putting “1” against the candidate of your 1st preference and so on. You should not put the same preference against more than one candidate. You may show your preference for as many or as few candidates as you wish.”.
SCHEDULE 2A (CONTROL OF DONATIONS TO CANDIDATES)f127
SCHEDULE 3 (DECLARATIONS AS TO ELECTION EXPENSES)
Form of declarationsfn num="f140">
SCHEDULE 4A (ELECTION EXPENSES)f128
THE ELECTIONS (NORTHERN IRELAND) ACT 1985
Section 3 (offences relating to specified documents)f129
REPRESENTATION OF THE PEOPLE ACT 1985
Section 5 (manner of voting at parliamentary elections)f130
Section 7 (absent vote at a particular election and absent voters list)	In subsection (2) – (a) for the words “section 6 of this Act” substitute “paragraph 1 of Part I of Schedule 2 to the 1985 Order f131”; and (b) for the words “parliamentary elections” substitute “local elections”.
	In subsection (4) – (a) for the words “section 6 of this Act as voting by post at parliamentary elections” substitute “paragraph 1 of Part I of Schedule 2 to the 1985 Order as voting by post”; (b) for the words “that section” substitute “that paragraph”; and (c) for the words “section 6 of this Act as voting by proxy at parliamentary elections” substitute “paragraph 1 of Part I of Schedule 2 to the 1985 Order as voting by proxy”.
Section 8 (proxies at elections)f132	In subsection (3)(b) for the words “the Republic of Ireland” substitute “a member State of the European Union”.
	Omit subsection (6).
	Omit subsections (9) and (10).
Section 9 (voting as proxy)	Omit subsections (4) and (6).
	In subsection (8) for the words “subsection (6) above” substitute “paragraph 4(5) of Part I of Schedule 2 to the 1985 Order”.
	In subsection (9) – (a) for the words “subsection (6) above” substitute “paragraph 4(5) of Part I of Schedule 2 to the 1985 Order”; and (b) for the words “that subsection” substitute “that sub-paragraph”.
	Omit subsection (11).
In section 12 (offences as to declarations etc.), subsections (3) and (4)
Section 27 (interpretation)f133	In subsection (1), omit the definition of “European Parliamentary election”.
	In subsection (2), omit the words from “and sections 5 to 7A” to the end.

ANNEX

Form of front of ballot paper

Directions as to printing the ballot paper

1

Nothing is to be printed on the ballot paper except in accordance with these directions.

2

The following arrangements shall be observed in the printing of the front of the ballot paper—

(a)

apart from the instruction “Mark order of preference in space below” in the top left-hand corner no other word or words shall be printed on the ballot paper except the particulars of the candidates and words forming part of emblems;

(b)

no rules shall be printed on the face except the horizontal rule separating the instruction mentioned in paragraph (a) from the particulars of the candidates and the horizontal rules separating the particulars of the candidates from one another and the vertical rule separating those particulars and emblems from the spaces on the left side of the paper where the order of preference is to be marked (except where paragraph 3(d) applies in which case each column must be separated by a double vertical rule);

(c)

the whole space between the horizontal rule after the instruction mentioned in paragraph (a) and the bottom of the paper shall be equally divided between the candidates by the rules separating their particulars.

3

(a)

the front of the ballot paper shall contain the names, addresses and descriptions, if any, of the candidates standing nominated. The names shall be arranged alphabetically in the order of surnames, or if there are two or more candidates bearing the same surname, in alphabetical order of their other names, or if the names are the same, in the alphabetical order of their home addresses or descriptions;

(b)

the surname of each candidate shall be printed by itself in large capitals, and the candidate’s full name, address and description (as given on the statement of persons nominated) shall be printed underneath (subject to paragraph (c)) in ordinary type;

(c)

where the surnames of two or more candidates are the same there shall be printed in small capitals the other names of such candidates and if those are the same so much of the descriptions or home addresses of such candidates as will enable the electors to distinguish between them;

(d)

the list of candidates shall be arranged either in one continuous column or in two or more columns in such manner (without departing from the alphabetical order) as, in the opinion of the returning officer, is best for marking and counting;

(e)

the ballot papers shall be numbered consecutively with the number and other unique identifying mark printed on the back in or about the centre of the paper.

4

Where an emblem is to be printed against a candidate’s particulars—

(a)

it shall be printed between the candidate’s particulars and the vertical rule separating the candidate’s particulars from the spaces where the vote is to be marked; and

(b)

its size as printed shall not exceed two centimetres square”.