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Elected Authorities (Northern Ireland) Act 1989 in England

1989 c. 3 · Enacted 15 March 1989 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 7 May 2024.

Contents

  1. 2Application of provisions of Representation of the People Act 1983 to local elections in Northern Ireland.
  2. 3Declaration against terrorism: local elections.
  3. 4Declaration against terrorism: councillors returned to fill casual vacancies.
  4. 5Declaration against terrorism: Assembly elections. Not yet in force
  5. 7Application to the High Court.
  6. 8Disqualification in consequence of breach of declaration.
  7. 9Disqualification for membership of district council in consequence of imprisonment or detention.
  8. 11Minor and consequential amendments and repeals.
  9. 12Expenses.
  10. Schedule 1: Application and modification of Representation of the People Act 1983
  11. Part II: Modifications
  12. General
  13. 1Paragraph 1
  14. 2Paragraph 2
  15. 3Paragraph 3
  16. 4Paragraph 4
  17. 5Paragraph 5
  18. 6Paragraph 6
  19. 7AParagraph 7A
  20. 8Paragraph 8
  21. 11AParagraph 11A
  22. 11BParagraph 11B
  23. 12Paragraph 12
  24. 13Paragraph 13
  25. 15Paragraph 15
  26. 17Paragraph 17
  27. 18Paragraph 18 Repealed
  28. 18AParagraph 18A
  29. Schedule 2: Declaration against terrorism
  30. Part I: Form for inclusion in consent to nomination
  31. Schedule 3: Repeals and revocations
  32. INorthern Ireland legislation repealed
  33. IISubordinate legislation revoked

2Application of provisions of Representation of the People Act 1983 to local elections in Northern Ireland.C1

(1)

Notwithstanding section 205(2) of the Representation of the M1People Act 1983 (Act does not affect law relating to local government in Northern Ireland), the provisions of that Act specified in Part I of Schedule 1 to this Act shall have effect in Northern Ireland for the purposes of local elections (as well as parliamentary elections) but, in the case of local elections, with the modifications specified in Part II of that Schedule.

(2)

In the case of local elections, it is immaterial for the purposes of section 3 of that Act (disfranchisement of convicted persons) as applied by this section whether the conviction or sentence was before or after the passing of this Act.

3Declaration against terrorism: local elections.

(1)

A person is not validly nominated as a candidate at a local election unless his consent to nomination includes a declaration in the form set out in Part I of Schedule 2 to this Act.

(2)

In Schedule 5 to the M1Electoral Law Act (Northern Ireland) 1962, in the Appendix of Forms, in the form headed “Candidate’s consent to nomination”, after the paragraph beginning “I further declare” there is inserted the paragraph set out in Part I of Schedule 2 to this Act.

4Declaration against terrorism: councillors returned to fill casual vacancies.F2

(1)

A person is not eligible to be F1returned to a district council to fill a casual vacancy in the council unless he has made, and served on the clerk of the council, a declaration in the form set out in Part II of Schedule 2 to this Act.

(2)

In section 11(4B) of the Electoral Law Act (Northern Ireland) 1962 (procedure for filling casual vacancy) in paragraph (c) for the words from “any person” to “meeting” there is substituted—

“any person who—

(i)

is qualified to be a member of the council;

(ii)

has made, and served on the clerk of the council, a declaration in the form set out in Part II of Schedule 2 to the Elected Authorities (Northern Ireland) Act 1989; and

(iii)

is not objected to by any member of the council present at the meeting;”.

5Declaration against terrorism: Assembly elections.

A person is not validly nominated as a candidate at an election to the Northern Ireland Assembly unless his consent to nomination includes a declaration in the form set out in Part I of Schedule 2 to this Act.

7Application to the High Court.

(1)

Any one or more of the persons specified in subsection (2) below may apply to the High Court for a determination that a person has acted in breach of the terms of a declaration against terrorism made by him.

(2)

The persons referred to in subsection (1) above are—

(a)

in relation to a member of a district council—

(i)

the district council,

(ii)

any person who would be entitled to vote at an election to that council held on the date of the application, and

(iii)

any other member of that council, and

(b)

in relation to a member of the Northern Ireland Assembly—

(i)

any person who would be entitled to vote at an election to the Assembly held in the member’s constituency on the date of the application, and

(ii)

any other member of the Assembly.

(3)

For the purposes of this section, a person who was nominated—

(a)

after the passing of this Act as a candidate for election to the office of member of a district council, or

(b)

after the coming into force of section 5 of this Act as a candidate for election to the office of member of the Northern Ireland Assembly,

shall be conclusively presumed to have made a declaration in the form set out in Part I of Schedule 2 to this Act at the time of the nomination.

(4)

For the purposes of this section, a person who was F1returned to a district council after the passing of this Act to fill a casual vacancy in the council shall be conclusively presumed to have made a declaration in the form set out in Part II of Schedule 2 of this Act in relation to that vacancy before he was F2so returned.

(5)

Where on an application under this section the High Court is satisfied that the person to whom the application relates has acted in breach of the terms of a declaration against terrorism made by him, the court may make a determination accordingly.

(6)

In this section—

(a)

“declaration against terrorism” means a declaration required for the purposes of section 3, 4 or 5 of this Act, and

(b)

references to acting in breach of the terms of such a declaration shall be construed in accordance with section 6 of this Act.

8Disqualification in consequence of breach of declaration.

(1)

In section 4(1) of the M1Local Government Act (Northern Ireland) 1972 (disqualification for being elected or being a member of a district council) at the end of paragraph (d) there is inserted—

“(dd)

within the five years immediately preceding the day of his election or at any time subsequent to that day, a determination has been made by the High Court that he has acted in breach of the terms of a declaration against terrorism as defined in section 7 of the Elected Authorities (Northern Ireland) Act 1989; or”.

(2)

In section 3 of the M2Northern Ireland Assembly Act 1973 after subsection (1) there is inserted—

“(1A)

A person who is determined by the High Court to have acted in breach of the terms of a declaration against terrorism as defined in section 7 of the Elected Authorities (Northern Ireland) Act 1989 is disqualified for membership of the Assembly during the period of five years beginning with the date of the determination.”.

9Disqualification for membership of district council in consequence of imprisonment or detention.

(1)

In section 4(1) of the M1Local Government Act (Northern Ireland) 1972, at the end of paragraph (c) there is inserted—

“(cc)

he has been found guilty of one or more offences by any court in Northern Ireland or elsewhere in the British Islands and sentenced or ordered to be imprisoned or detained indefinitely or for three months or more without the option of a fine and either of the periods mentioned in subsection (3) is current; or”.

(2)

At the end of that section there is added—

“(3)

The periods referred to in subsection (1)(cc) are—

(a)

the period of his actual imprisonment or detention (including any time when he is unlawfully at large), and

(b)

the period of five years beginning with his discharge.

(4)

For the purposes of subsections (1)(cc) and (3)—

(a)

consecutive terms of imprisonment or detention imposed in respect of offences of which the offender was found guilty in the same proceedings are to be treated as a single term,

(b)

the release of an offender on licence or in pursuance of a grant of remission is to be treated as his discharge, whether or not his release is subject to conditions, but if, in respect of the same offence or offences, he is required to return to prison or detention for a further period the reference in subsection (3) to his discharge includes a reference to his discharge in respect of that further period, and

(c)

the reference in subsection (1)(cc) to a sentence or order does not, except in a case where the sentence or order does take effect for any term, include one that is ordered not to take effect unless the conditions specified in the order are fulfilled and, in such a case, the original sentence or order is to be treated as a sentence or order of imprisonment or detention for that term.”

(3)

In subsection (1)(d) of that section the words from “been convicted” to “fine or” are omitted.

(4)

Subsection (1)(cc) of that section applies to any sentence or order, whether passed or made before or after the passing of this Act, except in a case where the offender has ceased to be imprisoned or detained (or unlawfully at large) before the passing of this Act; and subsection (3) above does not affect the application of subsection (1)(d) of that section in such a case.

(5)

An offender who would otherwise fall within that case does not do so if, after the passing of this Act, he is required, in respect of the same offence or offences, to return to prison or detention for a further period, but the earlier period of imprisonment or detention is to be disregarded in his case for the purposes of subsections (3) and (4) of that section.

11Minor and consequential amendments and repeals.

F1(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

In section 14B of the Electoral Law Act (Northern Ireland) 1962, for the words from “travelling”, where it first occurs, to the end there is substituted “and to persons appointed, or to whom functions are delegated, under section 14A travelling and subsistence allowances at such rates as the Secretary of State, with the approval of the Treasury, may determine”.

(3)

In section 29(8) of the Electoral Law Act (Northern Ireland) 1962, for “any provision of section thirty-one” there is substituted “section 1(3) of the Elected Authorities (Northern Ireland) Act 1989”.

(4)

In section 130(1) of the Electoral Law Act (Northern Ireland) 1962—

(a)

for the definition of “legal incapacity” there is substituted—

““legal incapacity” has the same meaning as in the Elected Authorities (Northern Ireland) Act 1989”, and

(b)

for the definition of “polling district” there is substituted—

““polling district” means a ward”.

(5)

In section 3(1) of the M1Local Government Act (Northern Ireland) 1972, for the words from “a person to whom” to “applies” there is substituted “a citizen of the Republic of Ireland”.

(6)

In section 148(1) of the Local Government Act (Northern Ireland) 1972, for the definition of “local elector” there is substituted—

““local elector” has the same meaning as in the Electoral Law Act (Northern Ireland) 1962”,

(7)

In Article 7(7) of the M2Electoral Law (Northern Ireland) Order 1972, for “those expenses” there is substituted “all expenses properly incurred in connection with the registration of local electors”.

F2(8)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)

The Northern Ireland legislation specified in Part I of Schedule 3 to this Act and the subordinate legislation specified in Part II of that Schedule is repealed or revoked to the extent specified in the third column.

12Expenses.

(1)

There shall be paid out of money provided by Parliament—

(a)

any increase attributable to the provisions of this Act in the sums so payable under any other enactment, and

(b)

any expenses incurred under section 14A(4) or 14B of the Electoral Law Act (Northern Ireland) 1962.

(2)

There shall be paid into the Consolidated Fund any increase attributable to the provisions of this Act in the sums so payable under any other enactment.

1

References to local government elections are to be read as references to local elections.

2

References to section 2 (local government electors in Great Britain) are to be read as references to section 1 of this Act and references to Part I (Parliamentary and local government franchise and its exercise) include section 1 of this Act.

3

References to the registration officer are to be read as references to the Chief Electoral Officer for Northern Ireland.

4

References to local government electors are to be read as references to local electors.

5

References to legal incapacity are to legal incapacity within the meaning of this Act.

6

References to any other provision mentioned in Part I of this Schedule are to that provision as modified by this Part.

7AF1

In section 7B—

(a)

references to the United Kingdom are to be read as references to Northern Ireland;

(b)

in subsection (3)(e)—

(i)

in sub-paragraph (i), omit “in England,”, and

(ii)

omit sub-paragraph (ii) (and the “or” preceding it);

(c)

in subsection (7)(a)—

(i)

in sub-paragraph (i), omit “in England,”, and

(ii)

omit sub-paragraph (ii) (and the “or” preceding it).

8

In section 9, for subsection (1)(b) there is substituted—

“(b)

a register of local electors for each district.”

11AF1

In section 15(5)(a)—

(a)

in sub-paragraph (i), omit “in England,”, and

(b)

omit sub-paragraph (ii) (and the “or” preceding it).

11BF1

In section 17(1)(c)—

(a)

in sub-paragraph (i), omit “in England,”, and

(b)

omit sub-paragraph (ii) (and the “or” preceding it).

12

In section 49—

(a)

in subsection (2), in paragraph (b) the reference to a local government area is to be read as a reference to a district and at the end of that subsection there is inserted—

“(c)

whether or not a person registered as an elector in a district was during the whole of the period of three months ending on the qualifying date resident in Northern Ireland”, and

F1(b)

in subsection (5)—

(i)

in the first sentence, omit “, or entered in the list of proxies,”,

(ii)

in paragraph (b)(iiia), omit “in England or entered in the list of proxies”, and

(iii)

omit paragraph (b)(iv).

13

In section 50, for paragraph (c) there is substituted—

“(c)

in any list, notice or other document required for the purposes of this Part of this Act”.

15

In section 54, in subsections (3) and (4) paragraph (a) is omitted.

17

In section 59, in subsection (3)(a) the words from “and of” to the end are omitted.

18F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18AF1

In Schedule 2, references to applications under sections 13BD, 13BE and 13C and documents or cards issued under any of those sections are to be disregarded, and the following are omitted—

(a)

in paragraph 1A—

(i)

sub-paragraph (1A)(b)(iii);

(ii)

in sub-paragraph (6), “or a relevant absent voting application”;

(iii)

sub-paragraphs (7)(a) and (8);

(b)

in paragraph 5(2), “or with his appointment as a proxy”;

(c)

paragraphs 5ZA and 5A;

(d)

in paragraph 13(1)(a), “or paragraph 2”.

INorthern Ireland legislation repealed

ChapterShort TitleExtent of repeal
1962 c. 14 (N.I.)Electoral Law Act (Northern Ireland) 1962.Part I.
Section 14(4)(b).
In sections 14A(4) and 14B the words “out of moneys hereafter appropriated for the purpose of meeting such expenses”.
Section 15(1).
Section 21(5), (6), (9) and (10).
Section 28(1) to (6).
Section 29(1) and (6).
Sections 31 and 32.
Section 121.
In section 130(1), the definitions of “publication year”, “Registration Rules” and “registration year”.
Schedule 1.
Schedule 3.
In Schedule 9, paragraph 24, in paragraph 25 the words “or the registration of electors” and paragraph 33.
1968 c. 20 (N.I.)Electoral Law Act (Northern Ireland) 1968.Sections 3 and 4.
Schedule 2.
1969 c. 26 (N.I.)Electoral Law Act (Northern Ireland) 1969.In section 2, in subsection (1) the words from “and if” to “qualifying date”, and subsections (2) and (4).
In Schedule 1, all the entries except those relating to sections 67 and 130(1) of, and Schedules 7 and 9 to, the Electoral Law Act (Northern Ireland) 1962.
1971 c. 4 (N.I.)Electoral Law Act (Northern Ireland) 1971.Section 2(1)(c) and (d)(i) and (2).
S.I.1972/1264 (N.I.13)Electoral Law (Northern Ireland) Order 1972.Article 7(1) to (6) and, in Article 7(7), the words from the beginning to “and”.
In Schedule 2, the entries relating to sections 21 (except subsection (8)) and 28 of and Schedule 3 to the Electoral Law Act (Northern Ireland) 1962.

IISubordinate legislation revoked

Year and NumberTitleExtent of Revocation
S.R.(N.I.) 1980/354Electoral Law (Registration Rules) (Variation No.2) Order (Northern Ireland) 1980.The whole Order.
S.R.(N.I.) 1985/333Electoral )Law (Registration Rules) (Variation Order (Northern Ireland) 1985.The whole Order.
S.R.(N.I.) 1986/194Electoral Law (Registration Rules) (Variation) Order (Northern Ireland) 1986.The whole Order.