OpenLegislation

Paragraph 9 Right to attend nomination

Northern Ireland

(1)

Except for the purpose of delivering a nomination paper or of assisting the returning officer F1, and subject to paragraph (5), no person is entitled to attend the proceedings during the time for delivery of nomination papers or for making objections to them unless he is—

(a)

a person standing nominated as a candidate, or

(b)

the election agent, proposer or seconder of such a person, but where a candidate acts as his own election agent he may name one other person who shall be entitled to attend in place of his election agent.F2 or

(c)

a person who is entitled to attend by virtue of section 6A or 6B of the Political Parties, Elections and Referendums Act 2000,

(2)

Where a person stands nominated by more than one nomination paper, only the persons subscribing as proposer and seconder—

(a)

to such one of those papers as he may select, or

(b)

in default of such a selection, to that one of those papers which is first delivered,

shall be entitled to attend as his proposer and seconder.

(3)

The right to attend conferred by this rule includes the right—

(a)

to inspect, and

(b)

to object to the validity of,

any nomination paper F3or accompanying home address form.

F4(4)

Paragraph (3) does not apply to a person mentioned in paragraph (1)(c).

F5(5)

One other person chosen by the candidate is entitled to be present at the delivery of the candidate's nomination, and may afterwards, so long as the candidate stands nominated, attend the proceedings referred to in paragraph (1), but without any such right as is conferred by paragraph (3).

F6(6)

The returning officer may not permit a home address form to be inspected otherwise than in accordance with this rule, or for some other purpose authorised by law.

Annotations

Textual amendments

F1

Words in Sch. 5 rule 9(1) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 50(2) (with art. 1(3))

F2

Sch. 5 rule 9(1)(c) and preceding word inserted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 77(2), Sch. 1 para. 56(a); S.I. 2008/1316, art. 2(3), 5(f)(iii)

F3

Words in Sch. 5 rule 9(3) inserted (13.7.2020) by The Local Elections (Northern Ireland) (Amendment) Order 2020 (S.I. 2020/635), arts. 1(2), 4(a) (with art. 1(3))

F4

Sch. 5 rule 9(4) inserted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 77(2), Sch. 1 para. 56(b); S.I. 2008/1316, art. 2(3), 5(f)(iii)

F5

Sch. 5 rule 9(5) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 50(3) (with art. 1(3))

F6

Sch. 5 rule 9(6) inserted (13.7.2020) by The Local Elections (Northern Ireland) (Amendment) Order 2020 (S.I. 2020/635), arts. 1(2), 4(b) (with art. 1(3))

Notes on the whole Act

Textual amendments

F1

Refs. to registration officer, returning officer or electoral officer are to be construed as refs. to Chief Electoral Officer, 1972 NI 13

Notes on Schedule 5

Textual amendments

F1

SI 1985/454

Modifications

C1

Sch. 5 modified (12.12.2013) by The Local Elections (Northern Ireland) Order 2013 (S.I. 2013/3156), arts. 1(1), 10(1), Sch. (with art. 10(2)) (as amended (15.9.2014) by S.I. 2014/1116, arts. 1(1), 10(2)(4); (13.7.2020) by S.I. 2020/635, arts. 1(2), 12 (with art. 1(3)))