The Northern Ireland Assembly (Elections) (Amendment) Order 2014
S.I. 2014/1804 · Made 9 July 2014
Northern Ireland
Made 9th July 2014
Coming into force 15th September 2014
In accordance with section 7(1) and (2)(h) of the Political Parties, Elections and Referendums Act 2000f1,the Secretary of State has consulted with the Electoral Commission prior to this Order being made.
A draft of this Order has been laid before Parliament in accordance with section 96(2)(b) of the Northern Ireland Act 1998f2 and approved by a resolution of each House of Parliament.
Accordingly, the Secretary of State, in exercise of the powers conferred by section 34(4) and (6) of the Northern Ireland Act 1998, makes the following Order:
Annotations to the whole text
Footnotes
- f1
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2000 c. 41; there have been amendments to section 7 but they are not relevant to this Order.
- f2
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1998 c. 47; there have been amendments to section 96 but they are not relevant to this Order.
Contents
- 1Citation, commencement and interpretation
- 2Amendments to Schedule 1 to the 2001 Order
- 3Amendments to Schedule 2 to the 2001 Order
- Signature
- Explanatory note
1Citation, commencement and interpretation
This Order may be cited as the Northern Ireland Assembly (Elections) (Amendment) Order 2014.
This Order comes into force on 15th September 2014.
In this Order—
-
“the 1983 Act” means the Representation of the People Act 1983f1;
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“the 2001 Order” means the Northern Ireland Assembly (Elections) Order 2001f2;
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“the 2008 Regulations” means the Representation of the People (Northern Ireland) Regulations 2008f3; and
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“the elections rules” means the Parliamentary elections rules contained in Schedule 1 to the 1983 Act.
2Amendments to Schedule 1 to the 2001 Order
Schedule 1 to the 2001 Order (application with modifications of statutory provisions relating to elections)f1 is amended as follows.
In the right-hand column of the Schedule, alongside the entry in respect of rule 28 of the elections rules (issue of official poll cards)f2, omit the paragraph beginning “After paragraph (1A)” (including the inserted text).
In the right-hand column of the Schedule, alongside the entry in respect of rule 40ZA of the elections rules (tendered postal ballot papers: anonymous entries in Northern Ireland)f3, insert—
“
In paragraphs (4) and (8), for “in the prescribed manner” substitute “as provided for in regulation 81A of the 2008 Regulationsf4”. In paragraph (7), for “rule 45(2) and (2A)” substitute “rule 44B(3) and (4)f5".”
In the right-hand column of the Schedule, in the entry in respect of rule 44B—
in paragraph (5), after “tendered ballot paper” insert “or tendered postal ballot paper”; and
in paragraph (7), after “tendered votes list” (in both places) insert “and tendered postal votes list”.
In the right-hand column of the Schedule, alongside the entry in respect of Schedule 2A to the 1983 Act (control of donations to candidates) insert—
“
In paragraph 10 (statement of relevant donations)f6, in sub-paragraph (2), for “prescribed by the Secretary of State in regulations” substitute “provided for in regulation 2 of the Donations to Candidates (Anonymous Registration) Regulations 2014f7”. ”.
3Amendments to Schedule 2 to the 2001 Order
Schedule 2 to the 2001 Order (application and modification of provisions of subordinate legislation relating to elections)f1 is amended as follows.
In the heading of the Schedule, after “2008 Regulations,” insert “the Donations to Candidates (Anonymous Registration) Regulations 2014,”.
After the entry for regulation 81 of the 2008 Regulations (spoilt postal ballot papers) insert—
“
Regulation 81A (tendered postal ballot papers) ”;
In the right-hand column of the Schedule, alongside the entry in respect of regulation 91 of the 2008 Regulations (forwarding of documents), in the paragraph beginning “For paragraph (1)”, in paragraph (1) substituted by that paragraph—
after “81(5),” insert “81A(11)”;
after “name of the constituency” insert “, and the list of spoilt ballot papers and the list of tendered postal ballot papers,”; and
after “those packets” insert “and lists”.
In the right-hand column of the Schedule, after the entry in respect of Form A of Schedule 3 to the 2008 Regulations (elector’s official poll card), insert—
“
Form A1 (elector’s official postal poll card)f2 ”;
In the right-hand column of the Schedule, after the entry in respect of Form B of Schedule 3 to the 2008 Regulations (proxy’s official poll card), insert—
“
Form B1 (proxy’s official postal poll card)f3 ”.
After the entry for Form N of Schedule 3 to the 2008 Regulations (statement as to postal ballot papers) insert—
“
DONATIONS TO CANDIDATES (ANONYMOUS REGISTRATION) REGULATIONS 2014 Regulation 2 (certificate of anonymous registration prescribed for purposes of donations and loans) ”.
Signature
Andrew Robathan
Minister of State
Northern Ireland Office
9th July 2014
Explanatory note
(This note is not part of the Order)
This Order makes amendments to the Northern Ireland Assembly (Elections) Order 2001 (the “2001 Order”) to implement a scheme of anonymous registration for Northern Ireland Assembly elections in Northern Ireland.
Anonymous registration is available to those persons for whom the publication of their name and address in the electoral register would pose a threat to safety. This may include victims of domestic violence, witnesses in certain criminal cases and other vulnerable people who may wish to vote but are afraid that certain individuals may use the electoral register to establish their whereabouts. Provision for anonymous registration in Great Britain was made by section 10 of, and Schedule 1 to, the Electoral Administration Act 2006 (c. 22). Those provisions were extended to Northern Ireland in respect of parliamentary, local and Assembly elections, with some modifications, by the Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116) and the Representation of the People (Northern Ireland) (Amendment) Regulations 2014 (S.I. 2014/1808). Under that scheme, an elector is entitled to have an anonymous entry in the electoral register for up to five years if the safety of the applicant, or that of any other person of the same household, would be at risk on publication of the applicant’s details in the register. The registration officer will determine the date on which a person’s entitlement to an anonymous entry will expire and, unless the person makes a fresh application for such an entry or for a regular entry in the register, the person’s entry will be removed from the register on that date. This Order makes further provision in relation to elections to the Northern Ireland Assembly.
Schedules 1 and 2 to the 2001 Order apply certain provisions of the Representation of the People Act 1983 (c. 2) and the Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741) to elections to the Northern Ireland Assembly. Some of those provisions were amended in order to implement the system of anonymous registration. Regulations 2 and 3 of this Order amend Schedules 1 and 2 to apply those amended provisions to Assembly elections.
An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.