{
  "url": "https://openlegislation.uk/draft-northern-ireland-assembly-elections-amendment-order-2009/schedule-2",
  "json_url": "https://openlegislation.uk/draft-northern-ireland-assembly-elections-amendment-order-2009/schedule-2.json",
  "legislation": "ukdsi/2009/9780111472576",
  "legislation_title": "The Northern Ireland Assembly (Elections) (Amendment) Order 2009",
  "legislation_url": "https://openlegislation.uk/draft-northern-ireland-assembly-elections-amendment-order-2009",
  "path": "schedule/2",
  "kind": "schedule",
  "number": "2",
  "heading": null,
  "text": "For Schedule 2 to the 2001 Order substitute—\n“SCHEDULE 2\nAPPLICATION AND MODIFICATION OF PROVISIONS OF THE 2008 REGULATIONS, THE ELECTION PETITIONS RULES 1964 AND THE PLANNING (CONTROL OF ADVERTISEMENTS) REGULATIONS (NORTHERN IRELAND) 1992\nArticle 3(2)\nProvision applied\nModifications\nREPRESENTATION OF THE PEOPLE (NORTHERN IRELAND) REGULATIONS 2008\nRegulation 3 (interpretation)\nIn paragraph (1) for the definition of “candidate” substitute ““candidate” means a person having been nominated or declared himself a candidate for election as a member of the Assembly;”.\nRegulation 4 (forms)\nRegulation 5 (communication of applications, notices, etc.)\nRegulation 6 (electronic signatures and related certificates)\nRegulation 7 (copies of documents)\nRegulation 8 (time)\nRegulation 9 (official poll card at parliamentary elections)\nRegulation 10 (return and declaration of election expenses)\nRegulation 11 (interference with notices etc.)\nRegulation 12 (device referred to in rule 29 (3A)(b) of the parliamentary elections rules)\nRegulation 40 (representations regarding clerical errors)\nRegulation 44 (notices in connection with registration)\nRegulation 45 (communication of notices made on polling day)\nRegulation 54 (interpretation of Part IV)\nRegulation 55 (general requirements for an absent vote)\nRegulation 56 (additional requirements for the appointment of a proxy)\nRegulation 59 (additional requirements for applications in respect of a particular election)\nIn paragraphs (4)(b) and (6)(d) for the words from “one” to the end of each of those sub-paragraphs, substitute —\n“(i) a registered medical practitioner;\n(ii) a registered nurse; or\n(iii) a Christian Science practitioner”.\nIn paragraph (8)(b) omit the words from “or any other” to the end.\nRegulation 60 (additional requirements for applications by proxies to vote by post at a particular election)\nRegulation 61 (closing date for applications)\nIn paragraph (1) for the words “section 6(1) or (5), 8(6) or 9(4) of the 1985 Act” substitute “ paragraph 1(1) or (5), 3(5) or 4(4) of Part I of Schedule 2 to the 1985 Order, as those paragraphs have effect for the purposes of the compilation of the special lists under sections 7(4) and 9(9) of the 1985 Act at an Assembly election,”.\nIn paragraph (4) for the words from the beginning of sub-paragraph (a) to “section 8(9) of that Act” substitute “under paragraph 1(4)(a) or 4(10)(a) of Part I of Schedule 2 to the 1985 Order and a notice under paragraph 3(8) of that Part, as those paragraphs have effect for the purposes of the compilation of the special lists under sections 7(4) and 9(9) of the 1985 Act at an Assembly election,”.\nIn paragraph (6) from the beginning of sub-paragraph (a) to the end of the paragraph substitute “a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in Northern Ireland”.\nRegulation 62 (grant or refusal of applications)\nOmit paragraph (3).\nRegulation 66 (record and lists kept under sections 6, 7 and 9 of Act of 1985)\nOmit paragraph (2).\nRegulation 67 (marked register for polling stations)\nRegulation 68 (certificate of employment)\nRegulation 69 (form of Corresponding number lists)\nRegulation 70 (interpretation of Part 5)\nRegulation 71 (form of declaration of identity)\nRegulation 72 (persons entitled to be present at proceedings on issue and receipt of postal ballot papers)\nRegulation 73 (agents of candidates who may attend proceedings on issue or receipt of postal ballot papers)\nRegulation 74 (notification of requirement of secrecy)\nRegulation 75 (notice of issue of postal ballot papers)\nRegulation 76 (procedure on issue of postal ballot paper)\nRegulation 77 (refusal to issue postal ballot paper)\nRegulation 78 (envelopes)\nRegulation 79 (sealing up of completed corresponding number lists and security of special lists)\nRegulation 80 (delivery of postal ballot papers)\nRegulation 81 (spoilt postal ballot papers)\nRegulation 82 (notice of opening of postal ballot paper envelopes)\nRegulation 83 (postal ballot boxes and receptacles)\nRegulation 84 (receipt of covering envelope)\nRegulation 85 (opening of postal voters' ballot box)\nIn paragraph (3) for the words “rule 45” substitute “rule 44B”\nRegulation 86 (opening of covering envelopes)\nAfter paragraph (4) insert—\n“(5) Where an envelope opened in accordance with paragraph (1) contains a declaration of identity (whether separately or not), the returning officer must place a mark in the marked copy of the postal voters list or the proxy postal voters list in a place corresponding to the number of the elector to denote that a postal vote has been returned as provided for in rule 31A of the elections rules.\n(6) A mark made under paragraph (5) must be distinguishable from and must not obscure the mark made under regulation 76.\n(7) As soon as practicable after the last covering envelope has been opened, the returning officer must make up into a packet the copy of the marked postal voters list and the proxy postal voters list that has been marked in accordance with paragraph (5) and must seal such a packet.\n(8) In this regulation “postal voters list” and “proxy postal voters list” have the same meaning as in the elections rules.”.\nRegulation 87 (procedure in relation to declarations of identity)\nIn paragraph (1)(b), for the words “rule 45(2)(b) and (2A)” substitute “rule 44B(3)(b) and (4)”.\nRegulation 88 (opening of ballot paper envelopes)\nRegulation 89 (sealing of receptacles)\nRegulation 90 (abandoned poll)\nRegulation 91 (forwarding of documents)\nFor paragraph (1) substitute—\n“(1) The returning officer shall retain for the period of one year after the date of the poll any packets referred to in regulations 79, 81(5), and 89 above endorsing on each packet a description of its contents and the name of the constituency and, after the expiry of that period, cause those packets tobe destroyed, unless otherwise directed by order of the High Court.”.\nIn paragraph (2), for the words “forward it at a subsequent date in the manner described in paragraph (1) above” substitute “retain it and subsequently deal with it in the manner described in paragraph (1) above”.\nIn paragraph (3) for the word “forwarded” substitute “retained”.\nIn paragraph (4) for the words “A copy of the statement referred to in paragraph (1)(b) above” substitute “A completed statement in Form N of the number of postal ballot papers issued”.\nRegulation 115 (interpretation of part 7)\nRegulation 116 (supply of marked registers and lists after an election)\nRegulation 117 (inspection of documents open to public inspection)\nRegulation 118 (conditions on use, supply and disclosure of documents open to public inspection)\nRegulation 119 (fees relating to the supply of marked registers and lists)\nSCHEDULE 3 (FORMS)\nForm A (elector’s official poll card)\nOn the back of the form, for the third paragraph substitute:\n“Go to one of the compartments. Number the candidates in order of your 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.”.\nOmit the fifth paragraph.\nForm B (proxy’s official poll card)\nForm C (return of expenses required by section 75 of the 1983 Act)\nForm D (declaration as to expenses required by section 75 of the 1983 Act)\nForm F (certificate of employment)\nForm G (Corresponding Number List to be used at a parliamentary election taken alone)\nForm H (Corresponding Number List to be used in polling stations at parliamentary election taken alone)\nForm J (Corresponding Number List to be used when a parliamentary election is combined with another election)\nForm K (Corresponding Number List to be used in polling station when a parliamentary election is combined with another election)\nForm L (declaration of identity)\nIn the instructions to voters on the back of the form, for paragraphs 2 and 3 substitute:\n“2 Mark your vote by putting “1” against the candidate of your first choice, “2” against the candidate of your second choice and so on. Do this secretly; if you cannot vote without assistance, the person assisting you must not disclose how you have voted.\n3 You may show your preference for as many or as few candidates as you wish but you should not show the same preference against more than one candidate. Put no other mark on the ballot paper, or your vote may not be counted.”.\nForm M (declaration of identity (combined polls))\nOn the front of the form for “ELECTION OF DISTRICT COUNCILLORS” substitute “NORTHERN IRELAND ASSEMBLY ELECTION”.\nIn the instructions to voters on the back of the form, for paragraphs 2 and 3 substitute:\n“2 Mark your vote by putting “1” against the candidate of your first choice, “2” against the candidate of your second choice and so on. Do this secretly; if you cannot vote without assistance, the person assisting you must not disclose how you have voted.\n3 You may show your preference for as many or as few candidates as you wish but you should not show the same preference against more than one candidate. Put no other mark on the ballot paper, or your vote may not be counted.”.\nForm N (statement as to postal ballot papers)\nELECTION PETITION RULES 1964\nRule 1 (citation, commencement and application)\nRule 2 (interpretation)\nRule 3 (form of petition)\nIn paragraph (1)(b) omit the words from “and the” to the end of the sub-paragraph.\nRule 4 (security for costs)\nRule 5\nRule 5A (notice of presentation of the petition)\nRule 6 (notice of objection to recognisance)\nRule 7 (list of petitions)\nRule 8 (time and place of trial)\nRule 9 (evidence)\nRule 10 (order to compel attendance of witness)\nRule 12 (witnesses expenses)\nRule 13 (case stated)\nRule 14 (withdrawal of petition)\nRule 15 (application to stay or dismiss petition)\nRule 17 (notice of intention not to oppose petition)\nRule 19 (duty to file copies)\nRule 20 (cost of publication)\nRule 21 (notice of appointment of respondent’s solicitor)\nRule 22 (service of notices)\nRule 23 (forfeiture of recognisance)\nRule 24 (payment from deposit on default)\nRule 25 (recognisance and deposit)\nRule 26 (discharge of recognisance and deposit)\nRule 27 (time)\nSchedule A (form of petition)\nIn paragraph 2 omit the words “to the Clerk of the Crown”.\nSchedule B (form of order to compel attendance of witness)\nTHE PLANNING (CONTROL OF ADVERTISEMENTS) REGULATIONS (NORTHERN IRELAND) 1992\nRegulation 2 (interpretation)\nRegulation 4 (requirement for consent)\nSchedule 1 (standard conditions)\nIn Schedule 2 (classes of advertisements to which the prohibition in regulation 4(1) does not apply), class F\n”",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 2008/1741"
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1971 c. 80."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "The Rules have been amended by S.R. & O. (N.I.) 1985 No.347."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "This provision has been amended but the amendment is not relevant to the subject matter of this Order."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2009/9780111472576/schedule/2",
    "retrieved_at": "2026-10-30T14:58:14.013148+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}