The Northern Ireland Elections (Combined Polls 2027) Regulations 2026
Draft 2026, ISBN 9780348288179
Draft Regulations laid before Parliament under section 201(2) of the Representation of the People Act 1983 (c. 2) (read in accordance with section 27(2) of the Representation of the People Act 1985 (c. 50)), for approval by resolution of each House of Parliament.
NORTHERN IRELAND
Made ***
Coming into force
The Secretary of State makes these Regulations in exercise of the powers conferred by section 15(5) and (5B) of the Representation of the People Act 1985f1 and section 201(3) of the Representation of the People Act 1983 (“1983 Act”)f2.
In accordance with section 7(1) and (2) of the Political Parties, Elections and Referendums Act 2000f3 the Secretary of State has consulted the Electoral Commission before making these Regulations.
In accordance with section 201(2) of the 1983 Actf4, a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.
Annotations to the whole text
Footnotes
- f1
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1985 c. 50. The scope of the power conferred by section 15(5) was amended as a result of the insertion of subsection (3A) of that section. Subsections (3A) and (5B) were inserted by paragraph 15 of the Schedule to the Fixed-Term Parliaments Act 2011 (c. 14). That Schedule was repealed by section 1 of the Dissolution and Calling of Parliament Act 2022 (c. 11) but by virtue of section 5(2) of that Act, the repeal does not affect the insertion of subsections (3A) and (5B).
- f2
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1983 c. 2. Section 201(3) was inserted by paragraph 21 of Schedule 1 to the Representation of the People Act 2000 (c. 2), and applies to the powers conferred by section 15 of the Representation of the People Act 1985 (c. 50) by virtue of section 27(2) of that Act.
- f3
- f4
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Section 201(2) was substituted by paragraph 69 of Schedule 4 to the Representation of the People Act 1985 (c. 50). Section 201(2) applies to regulations made under section 15 of the 1985 Act by virtue of section 27(2) of that Act.
Contents
- Part 1: General provisions
- 1Citation, commencement and extent
- 2Interpretation
- 3Forms
- 4Meaning of relevant combined document
- Part 2: Combined polls 2027
- Chapter 1: The polls
- 5Relevant elections 2027
- 6Timetable
- 7Colour of ballot papers
- 8Postal ballot papers - declarations of identity
- 9Official poll cards
- 10Ballot boxes
- 11Ballot papers displayed in polling stations
- 12Guidance to be exhibited at polling stations
- 13Admission to polling station
- 14Certificates as to employment
- 15Questions to be put to voters
- 16Register of electors
- 17Lists of proxies
- 18Lists of votes marked by the presiding officer
- 19Declarations made by companions assisting voters with disabilities
- 20Lists of voters with disabilities assisted by companions
- 21Tendered votes lists
- 22Lists relating to correction of errors on day of poll
- 23Procedure on close of polls
- Chapter 2: The counts
- 24Separation of ballot papers and preliminary proceedings
- 25Counting of votes
- Chapter 3: Death of candidate
- 26Countermand or abandonment of poll
- Chapter 4: Members of district councils retiring and coming into office
- 27Date on which members of district councils retire and come into office
- Chapter 5: Postal ballot proceedings
- 28Attendance at proceedings on the issue or receipt of postal ballot papers
- 29Opening of the last postal voters’ ballot box and the last postal ballot box
- 30Postal voting documents returned in ballot paper envelopes relating to the other relevant election
- Part 3: Retention and disposal of documents
- 31Retention of documents by the returning officer
- 32Access to marked registers and other documents
- Signature
- Schedule: Forms
- 1Form 1 — Declaration of identity for relevant Assembly election
- 2Form 2 — Declaration of identity for relevant local election
- 3Form 3 — Guidance to be exhibited at polling stations
- 4Form 4 — Combined certificate as to employment
- 5Form 5 — Combined declaration by the companion of a voter with disabilities
- Explanatory note
1Citation, commencement and extent
These Regulations may be cited as the Northern Ireland Elections (Combined Polls 2027) Regulations 2026.
They come into force on the day after the day on which they are made.
They extend to Northern Ireland only.
2Interpretation
In these Regulations—
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“1962 Act” means the Electoral Law Act (Northern Ireland) 1962f1;
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“1983 Act” means the Representation of the People Act 1983;
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“1985 Act” means the Representation of the People Act 1985;
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“1985 Order” means the Local Elections (Northern Ireland) Order 1985f2;
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“2001 Order” means the Northern Ireland Assembly (Elections) Order 2001f3;
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“2008 Regulations” means the Representation of the People (Northern Ireland) Regulations 2008f4 as applied for the purposes of Assembly elections by article 3 of, and Schedule 2 to, the 2001 Orderf5 with the modifications set out in those provisions;
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“AER” (Assembly Elections Rules) means the parliamentary elections rulesf6 as applied for the purposes of Assembly elections by article 3 of, and Schedule 1 to, the 2001 Orderf7 with the modifications set out in those provisions;
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“Assembly election” means an election of the Northern Ireland Assembly;
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“Chief Electoral Officer” has the meaning given in section 130(1) of the 1962 Act;
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“local election” has the meaning given in section 130(1) of the 1962 Actf8;
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“LER” means the local elections rules in Schedule 5 to the 1962 Actf9;
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“relevant Assembly election” and “relevant local election” have the meanings given in regulation 5 and references to “relevant election” are to be interpreted accordingly;
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“relevant combined document” has the meaning given in regulation 4.
3Forms
In these Regulations, a reference to a numbered form is (unless otherwise indicated) a reference to the relevant numbered form in the Schedule.
4Meaning of relevant combined document
In these Regulations, “relevant combined document” means—
a certificate as to employment that is in the combined form provided for by regulation 14;
a marked copy of the register of electors that, in accordance with regulation 16, is marked in respect of both of the relevant elections;
the list of proxies that is in the combined form provided for by regulation 17;
the list of votes marked by the presiding officer that is in the combined form provided for by regulation 18;
a declaration made by the companion of a voter with disabilities that is in the combined form provided for by regulation 19;
the list of voters with disabilities assisted by companions that is in the combined form provided for by regulation 20;
the tendered votes list that is in the combined form provided for by regulation 21;
the list of persons to whom ballot papers are delivered in consequence of late alterations to the register that is in the combined form provided for by regulation 22.
5Relevant elections 2027
These Regulations apply if the Chief Electoral Officer gives a direction under section 15(3A) of the 1985 Act (combination of polls) that the polls at the Assembly election on 6th May 2027f1 (“relevant Assembly election”) are to be taken together with the polls at the local elections on that datef2 (“relevant local election”).
6Timetable
The timetable set out in rule 1 of the AER and in rule 1(2) of the LERf1 is, in respect of the relevant elections, to be read as if each reference to the “16th day” was instead to the 19th day.
7Colour of ballot papers
8Postal ballot papers - declarations of identity
In respect of the relevant Assembly election—
the reference in rule 24(1)(c) of the AERf1 to a declaration of identity “in the prescribed form” is instead to be read as a reference to a declaration of identity in the form set out in Form 1;
regulation 71(b) of the 2008 Regulationsf2 is to be disregarded;
the reference in regulation 81A(1)(c) of the 2008 Regulationsf3 to a declaration of identity in “the form set out in regulation 71 (form of declaration of identity)” is instead to be read as a reference to a declaration of identity in the form set out in Form 1.
In respect of the relevant local election—
the reference in rule 21(1) of the LERf4 to a declaration of identity in “the form prescribed in the Appendix” is instead to be read as a reference to a declaration of identity in the form set out in Form 2;
the reference in paragraph 12A(1)(c) of Part 3 of Schedule 2 to the 1985 Orderf5 to a declaration of identity in “the form set out in the Appendix to the Local Elections Rules (form 5)” is instead to be read as a reference to a declaration of identity in the form set out in Form 2.
9Official poll cards
10Ballot boxes
The Chief Electoral Officer may use the same ballot boxes for the relevant electionsf1.
If they use separate ballot boxes for each relevant election, each ballot box must be clearly marked to show—
the election for which it is being used, and
the colour of the ballot papers that should be placed into it.
If they use separate ballot boxes for each relevant election, the placing of a ballot paper relating to one relevant election into the ballot box used for the other relevant election does not render it invalid.
In this regulation, references to ballot boxes include references to postal voters’ ballot boxes and postal ballot boxesf2.
11Ballot papers displayed in polling stations
12Guidance to be exhibited at polling stations
A notice in the form set out in Form 3 giving directions for the guidance of the voters in voting at each of the relevant elections—
must be printed in conspicuous characters, and
must be exhibited outside each polling station used for the relevant elections and in every compartment of each polling station.
13Admission to polling station
14Certificates as to employment
The Chief Electoral Officer may, in respect of the relevant elections, combine in a single form the certificate as to employment required by rule 32(3) of the AER with the certificate required by rule 29(3) of the LERf1.
If they do so—
the certificate must be in the form set out in Form 4;
the reference in rule 32(3) of the AER to a certificate “in the prescribed form” and the reference in rule 29(3) of the LER to a certificate “in the form in the Appendix”f2 are instead each to be read as a reference to a certificate in the form set out in Form 4;
regulation 68(1) of the 2008 Regulations is to be disregardedf3.
15Questions to be put to voters
Rule 35(1) of the AERf1 is to be read in respect of the relevant Assembly election as if—
in the questions in entries 1, 2 and 3 of the table, each reference to “at this election” was instead a reference to “at this Assembly election”;
in the questions in entries 2 and 3 of the table, each reference to “in this election” was instead a reference to “in this Assembly election”;
in the question in paragraph (b) of entry 3 of the table, after “here or elsewhere” there was inserted “at this Assembly election”.
Rule 32(1) and (2)f2 of the LER is to be read in respect of the relevant local election as if each reference to “at this election” was instead a reference to “at this local election”.
16Register of electors
If they do so, the procedure required by rule 37(1)(d) of the AER or by rule 34(1)(d) of the LER is modified in accordance with paragraphs (3) and (4).
If the ballot papers relating to the relevant elections are delivered at the same time, a single mark must be placed in the register against the number of the elector to denote that ballot papers have been received in respect of both of the relevant elections.
If the ballot papers are delivered separately or a ballot paper is delivered in respect of only one of the relevant elections, a mark must be placed in the register against the number of the elector in respect of each ballot paper delivered, identifying the election to which the ballot paper relates.
In the case of an elector who is added to the register of electors in accordance with a notice issued under section 13BA(9) of the 1983 Act (alteration of registers in Northern Ireland: pending elections)f4—
the reference in paragraph (1) to the “copy of the register of electors” is to be read as a reference to the copy of that notice, and
references in this regulation to a mark being placed in the register are to be read as references to a mark being made on the notice.
17Lists of proxies
The Chief Electoral Officer may provide each polling station with the lists of proxies relating to the relevant elections in the form of a single list.
If they do so, the procedure required by rule 37(1)(e) of the AER or rule 34(1)(e) of the LER is modified in accordance with paragraphs (3) and (4).
If ballot papers relating to the relevant elections are delivered at the same time, a single mark must be placed in the list against the name of the proxy to denote that ballot papers have been received in respect of both of the relevant elections.
If the ballot papers are delivered separately or a ballot paper is delivered in respect of only one of the relevant elections, a mark must be placed in the list against the name of the proxy in respect of each ballot paper delivered, identifying the election to which the ballot paper relates.
In this regulation, “the list of proxies” has the meaning given in—
in respect of the relevant Assembly election, section 7(4)(b) of the 1985 Act (absent voting), as applied for the purposes of Assembly elections by article 3 of, and Schedule 1 to, the 2001 Order;
in respect of the relevant local election, paragraph 2(4)(b) of Part 1 of Schedule 2 to the 1985 Orderf1.
18Lists of votes marked by the presiding officer
The Chief Electoral Officer may direct that, in respect of the relevant elections, the list of votes marked by the presiding officerf1 compiled under rule 38(2) of the AER be combined with the list compiled under rule 35(3) of the LER.
If they do so, the presiding officer must indicate in the list each entry that relates to only one of the relevant elections and the election to which it relates.
19Declarations made by companions assisting voters with disabilities
20Lists of voters with disabilities assisted by companions
The Chief Electoral Officer may direct that, in respect of the relevant elections, the list of voters with disabilities assisted by companions compiled under rule 39(4) of the AER be combined with the list compiled under rule 36(4) of the LER.
If they do so, the presiding officer must indicate in the list each entry that relates to only one of the relevant elections and the election to which it relates.
21Tendered votes lists
The Chief Electoral Officer may direct that, in respect of the relevant elections, the tendered votes list compiled under rule 40(3) of the AERf1 be combined with the list compiled under rule 37(6) of the LER.
If they do so, the presiding officer must indicate in the list each entry that relates to only one of the relevant elections and the election to which it relates.
22Lists relating to correction of errors on day of poll
If they do so, the presiding officer must indicate in the list each entry that relates to only one of the relevant elections and the election to which it relates.
23Procedure on close of polls
In respect of the relevant elections, rule 43(1) of the AER and rule 41(1) of the LER are to be read as if references in each provision to “polling agents” included the polling agents appointed for the purposes of the poll at the other relevant electionf1.
Where rule 43 of the AER or rule 41 of the LER requires the presiding officer to make up a packet of a document that is in the form of a relevant combined document, the presiding officer must satisfy the requirement under each rule by making up a single packet of the relevant combined document.
In carrying out the procedures required by rule 43 of the AER or rule 41 of the LER, the presiding officer must ensure that documents relating only to one of the relevant elections are not included in a packet with documents relating to the other relevant election.
The presiding officer must not combine the statement prepared under rule 43(3) of the AER (the ballot paper account) in respect of the relevant Assembly election with the statement prepared under rule 41(3) of the LER in respect of the relevant local election (whether or not the same ballot boxes have been used for the relevant elections).
24Separation of ballot papers and preliminary proceedings
The Chief Electoral Officer must—
make arrangements for the proceedings required by this regulation, and
give to the counting agentsf1 appointed for the poll at each relevant election notice in writing of the place and time at which the proceedings will be carried out.
At 8 a.m. on the day after the day of the polls at the relevant elections or as soon as practicable after that, the returning officerf2 must—
in the presence of the counting agents, open each ballot box used for the elections (whether the same or separate ballot boxes are used) and then—
separate the ballot papers relating to the relevant Assembly election from the ballot papers relating to the relevant local election,
count and record the number of ballot papers (if any) relating to each relevant election in each ballot box,
in the presence of the election agents appointed for the relevant electionsf3, verify each ballot paper account relating to the relevant Assembly election in accordance with the requirements of rule 44B(7) of the AERf4 and each ballot paper account relating to the relevant local election in accordance with the requirements of rule 45(5) of the LERf5, and
count such of the postal ballot papers as have been duly returned (in accordance with the requirements of rule 44B(3) of the AERf6) in respect of the relevant Assembly election and duly returned (in accordance with the requirements of rule 45(2) of the LERf7) in respect of the relevant local election and record the number counted for each.
The returning officer must draw up a statement as to the result of the verification for the relevant Assembly election in accordance with the requirements of rule 44B(7) of the AER and for the relevant local election in accordance with the requirements of rule 45(5) of the LER, and must allow any election agent appointed for a relevant election to copy either statement.
As soon as practicable after the completion of the proceedings set out in paragraphs (2) and (3) the returning officer must—
in the presence of the counting agents appointed for the relevant local election poll, return the ballot papers relating to the relevant local election to the ballot boxes used for that election, seal the boxes and allow the counting agents to affix their seals to the boxes, and
proceed with counting the votes relating to the relevant Assembly election (in accordance with rule 44A to 44M of the AER as modified by regulation 25 of these Regulations).
In carrying out the proceedings under this regulation, the returning officer must 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 marks printed on the back of the papers.
The returning officer may give such permission only if—
they are satisfied that the proceedings will not be impeded, and
they have either consulted the election agents for the relevant elections or consider that it is impracticable to do so.
The returning officer must make arrangements for the security of the ballot papers and documents relating to the relevant local election during the period between the conclusion of the proceedings under this regulation and the commencement of the counting of the votes for the relevant local election.
25Counting of votes
In respect of the relevant Assembly election—
rule 44(1) of the AER is to be read as if the reference to “after the close of the poll” was instead a reference to after the conclusion of the proceedings under regulation 24 of these Regulations;
rule 44(2) of the AER is to be read as if it included a reference to the persons specified in rule 44(1) of the LER;
rule 44B(1) of the AER is to be disregarded.
In respect of the relevant local election—
rule 43(1) of the LER is to be read as if the reference to “9 in the morning on the day after the day of the poll” was instead a reference to 9 in the morning on the fourth day after the day of the polls at the relevant elections or at such later time and date as the returning officer may direct;
rule 44(1) of the LER is to be read as if it included a reference to the persons specified in rule 44(2) of the AER;
rule 45(1) of the LER is to be disregarded and the procedure in paragraph (3) of this regulation is to be followed instead.
Before counting the votes relating to the relevant local election in accordance with rule 45 of the LER, the returning officer must, in the presence of the counting agents appointed for that poll—
open each ballot box and take out the ballot papers, and
mix together the whole of the ballot papers (including those postal ballot papers that have been duly returned in accordance with the requirements of rule 45(2) of the LER).
26Countermand or abandonment of poll
The countermand or direction does not affect the poll at the other relevant election.
In respect of the relevant elections, rule 65(2) of the AER and rule 64(2) of the LER are to be read as if the requirements imposed on the presiding officer did not arise until the close of the poll at the relevant election that has not been abandoned.
The procedures required by rule 65(3) to (6) of the AER or rule 64(3) to (6) of the LER are, in respect of the relevant elections, to be applied after the conclusion of the proceedings under regulation 24 of these Regulations.
27Date on which members of district councils retire and come into office
In respect of the relevant local election, section 11(2) of the 1962 Actf1 is to be read as if each reference to the “fourth day after the election day” instead was to the seventh day after the election day.
28Attendance at proceedings on the issue or receipt of postal ballot papers
No person other than the persons listed in either of the following provisions may be present at the proceedings on the issue or receipt of postal ballot papers in respect of relevant elections—
regulation 72(1) of the 2008 Regulationsf1;
paragraph 3(1) of Part 3 of Schedule 2 to the 1985 Orderf2.
29Opening of the last postal voters’ ballot box and the last postal ballot box
In respect of the relevant elections, the following provisions are instead each to be read as if they provided for the last postal voters’ ballot box and the last postal ballot box to be opened at the proceedings under regulation 24 of these Regulations—
regulation 85(3) of the 2008 Regulations;
paragraph 16(3) of Part 3 of Schedule 2 to the 1985 Orderf1.
30Postal voting documents returned in ballot paper envelopes relating to the other relevant election
If the returning officer has reasonable cause to suspect that a ballot paper envelope relating to a relevant election contains a postal voting document relating to the other relevant election, they may open the envelope.
If the returning officer opens a ballot paper envelope under paragraph (1) or under regulation 88(1) of the 2008 Regulations or paragraph 17B(1) of Part 3 of Schedule 2 to the 1985 Orderf1 and finds a postal voting document relating to the other relevant election, they must deal with the document in accordance with the relevant provision in paragraph (3).
The relevant provision is—
if the postal voting document relates to the relevant Assembly election, regulation 87(8) of the 2008 Regulations;
if the postal voting document relates to the relevant local election, paragraph 17A(8) of Part 3 of Schedule 2 to the 1985 Orderf2.
In this regulation, “postal voting document” and “ballot paper envelope” have the meanings given in—
in respect of the relevant Assembly election, regulation 70(1) of the 2008 Regulationsf3;
in respect of the relevant local election, paragraph 1(1) of Part 3 of Schedule 2 to the 1985 Orderf4.
31Retention of documents by the returning officer
The returning officer must ensure that a packet containing a relevant combined document is endorsed with the date of the relevant elections, the name of the constituency for which the relevant Assembly electionf1 was held and the name of the district electoral area for which the relevant local election was heldf2.
Part 6 of the LER is, in respect of the relevant local election, to be read as if—
rule 58(3) instead required that any document or packet of documents referred to in rule 58(1)(b) to (e)f3 be retained by the returning officer;
in so far as rule 59 applies in relation to the completed corresponding number lists or certificates as to employment on duty on the day of the poll, references in that rule to the proper officer of the council were instead to the returning officer;
rule 60(1)f4 also applied to the returning officer in respect of the documents retained by them in accordance with the modifications made by these Regulations.
In respect of the relevant local election, paragraph 19(1) to (2A)f5 of Part 3 of Schedule 2 to the 1985 Order is to be read as if any requirement imposed on the returning officer to forward a document or a packet of documents to the proper officer of the relevant council was instead a requirement to retain the document or packet (and paragraph 19(3) and (4)f6 is to be read accordingly).
32Access to marked registers and other documents
In respect of the relevant local election, Schedule 3 to the Local Elections (Northern Ireland) Order 2010f1 is to be read as if—
in the definition of “the marked register or lists” in paragraph 1(1), the reference to documents retained by the proper officer under certain provisions was instead to those documents retained by the returning officer in accordance with the modifications made by these Regulations;
references to the “proper officer” were, in their application to documents retained by the returning officer in accordance with these Regulations, to the returning officer;
paragraphs 2(4) and 3(3) were omitted;
paragraph 2(5)(b) required the fee to be paid to the returning officer.
Signature
Name
Minister
Northern Ireland Office
DATE
1Form 1 — Declaration of identity for relevant Assembly election
2Form 2 — Declaration of identity for relevant local election
3Form 3 — Guidance to be exhibited at polling stations
4Form 4 — Combined certificate as to employment
5Form 5 — Combined declaration by the companion of a voter with disabilities
Explanatory note
(This note is not part of the Regulations)
These Regulations modify the application of the legislation governing elections to the Northern Ireland Assembly and local elections in Northern Ireland in order to enable polls at those elections to be taken together on 6th May 2027, if the Chief Electoral Officer directs that the polls are to be taken together.
The Regulations make provision about various matters, including the timetable for the elections, the use of ballot papers of different colours, official poll cards, ballot boxes, notices and guidance to be displayed at polling stations and admission to polling stations. The Regulations also permit certain election documents and records to be combined for the purposes of the elections, including registers, lists and declarations, and make provision about the retention of election documents.
The Regulations provide for the verification of ballot papers and ballot paper accounts for both elections before the count of votes at the Assembly election commences. They also modify the timing of the count of votes at the local elections and in consequence the date on which members of district councils retire and take office.
The Regulations also make provision about the treatment of postal ballot papers and other documents relating to postal voting in one election that are returned in an envelope relating to the other election.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.