OpenLegislation

Schedule 1 APPLICATION WITH MODIFICATIONS OF PROVISIONS OF THE 1983 ACT, THE ELECTIONS (NORTHERN IRELAND) ACT 1985 AND THE 1985 ACT

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Provision appliedModifications
THE REPRESENTATION OF THE PEOPLE ACT 1983
In section 18 (polling districts and places at parliamentary elections), subsections (1), (7) and (9)f1
Section 23 (rules for parliamentary elections)
Section 29 (payments by and to returning officer)f2Omit subsection (1) and (2).
In subsection (5), for the words from “charged on” to “before”, substitute “paid by the Secretary of State on an account being submitted to him, but he may, if he thinks fit, before”.
Omit subsection (6).
Omit subsection (9).
Section 30 (taxation of returning officer’s account)
Section 49 (effect of registers)f3In subsection (5)(b)(iv) for “a local government” substitute “an ”.
Section 50 (effect of misdescription)
In section 52 (discharge of registration duties), subsection (5)f4Omit the words from “Subsection” to “but”.
Section 54 (payment of registration expenses)f5
Section 60 (personation)
Section 61 (other voting offences)f6In paragraphs (a) and (b) of subsection (1) omit the words “or at parliamentary or local government elections” and “or, as the case may be, at elections of that kind”.
Section 63 (breach of official duty)f7

In subsection (3)—

  1. (a)

    omit paragraphs (a) and (c);

  2. (b)

    in paragraph (b) omit the words “sheriff clerk”; and

  3. (c)

    in paragraph (e) for the words “(a) to (d)” substitute “(b) and (d)”.

Section 65 (tampering with nomination papers, ballot papers etc.)f8
Section 65A (false statements in nomination papers etc.)f9
Section 66 (requirement of secrecy)f10
Section 66A (prohibition on publication of exit polls)f11
Section 67 (appointment of election agent)f12
Section 68 (nomination of sub-agent at parliamentary elections)f13
Section 69 (office of election agent and sub-agent)f14
Section 70 (effect of default in election agent’s appointment)f15
Section 71A (control of donations to candidates)f16
Section 73 (payment of expenses through election agent)f17
Section 74 (candidate’s personal expenses and petty expenses)f18
Section 74A (expenses incurred otherwise than for election purposes)f19
Section 75 (prohibition of expenses not authorised by election agent)f20Omit subsection (4).
Section 76 (limitation of election expenses)f21
Section 77 (expenses limit for joint candidates at local election)In subsection (1), for the words “a local government” substitute “ an Assembly”.
Section 78 (time for sending in and paying claims)f22
Section 79 (disputed claims)f23
Section 80 (election agent’s claim)
Section 81 (return as to election expenses)f24
Section 82 (declarations as to election expenses)f25
Section 83 (where no return and declarations needed at parliamentary elections)
Section 84 (penalty for failure as respects returns or declarations)
Section 86 (authorised excuses for failures as to return and declarations)f26
Section 87 (court’s power to require information from election agent or sub-agent)f27
Section 87A (duty of appropriate officer to forward returns and declarations to Electoral Commission)f28Omit subsection (1) and in subsection (2) for the words from “any election ” to “above” substitute “an Assembly election”.
Section 88 (publication of time and place for inspection of returns and declarations)f29
Section 89 (inspection of returns and declarations)f30In subsections (1) and (2), for the words “two years”, in each place where they occur, substitute “12 months”.
Section 90A (meaning of election expenses)f31
Section 90B (incurring of election expenses for the purpose of section 90A)
Section 90C (property, goods and services etc. provided free of charge or at a discount)
Section 91 (candidate’s right to send election address post free)f32
Section 92 (broadcasting from outside United Kingdom)f33
Section 93 (broadcasting of local items during election period)f34Omit any reference to Sianel Pedwar Cymru.
For subsection (5), substitute the following subsection:
“(5)

For the purposes of subsection (1) “the election period” in relation to an Assembly election means the period beginning with the last date on which notice of election may be published in accordance with the elections rules and ending with the date of the poll.”.

Section 94 (imitation poll cards)f35
Section 97 (disturbances at election meetings)For subsection (2), substitute the following subsection:
“(2)

This section applies to a political meeting held in any constituency in connection with an Assembly election on any date between the last date on which notice of an election may be published in accordance with the elections rules and the date of the poll.”.

Section 98 (premises not affected for rates)
Section 99 (officials not to act for candidates)f36
Section 100 (illegal canvassing by police officers)f37
Section 106 (false statements as to candidates)f38
Section 107 (corrupt withdrawal from candidature)
Section 109 (payments for exhibition of election notices)
Section 110 (printer’s name and address on election publications)f39
Section 111 (prohibition of paid canvassers)
Section 112 (providing money for illegal purposes)
Section 113 (bribery)
Section 114 (treating)
Section 115 (undue influence)
Section 116 (rights of creditors)
Section 117 (savings as to parliamentary elections)
Section 118 (interpretation of Part II)f40
Section 118A (meaning of candidate)f41

In subsection (2)—

  1. (a)

    for “Parliament” substitute “the Assembly” and

  2. (b)

    for the words “the writ for the election is issued” substitute “ the election is held”.

Section 119 (computation of time for purposes of Part II)f42
Section 120 (method of questioning parliamentary election)
Section 121 (presentation and service of parliamentary election petition)f43
Section 122 (time for presentation or amendment of parliamentary election petition)f44In subsection (1), for the words from “the return” to the end substitute “ the day on which the relevant result was declared in accordance with rule 50 of the elections rules”.
In subsection (2), for the words “that return” substitute “that declaration of the result of the election”.
Section 123 (constitution of election court and place of trial)
Section 124 (judges' expenses and reception: England and Wales and Northern Ireland)f45For “the Treasury” substitute “the Secretary of State”.
Section 126 (attendance of the House of Commons shorthand writer)f46In subsection (1), for the words “The shorthand writer of the House of Commons or his deputy” substitute “A shorthand writer”.
In subsection (2), for the word “Speaker” substitute “Chief Electoral Officer”.
In subsection (3), omit the words “In Scotland” and for the words “ section 125” substitute “section 124”.
Section 136 (security for costs)f47
Section 137 (petition at issue)f48
Section 138 (list of petitions)f49In subsection (3), omit the words from the beginning of the subsection to “local government Act”.
Section 139 (trial of petition)In subsection (3) omit the words from “the acceptance” to “notwithstanding ”, in the third place where it occurs.
Section 140 (witnesses)f50
Section 141 (duty to answer relevant questions)f51
Section 143 (expenses of witnesses)
Section 144 (conclusion of trial of parliamentary election petition)In subsections (2), (4) and (6), for the word “Speaker”, in each place where it occurs, substitute “Chief Electoral Officer”.
Omit subsections (5) and (7).
Section 146 (special case for determination of High Court)In subsection (2), for the word “Speaker” substitute “Chief Electoral Officer”.
Section 147 (withdrawal of petition)
Section 154 (costs of petition)
Section 155 (neglect or refusal to pay costs)
Section 156 (further provision as to costs)f52
Section 157 (appeals and jurisdiction)f53

For subsection (2), substitute the following subsection:

“(2)

Subject to the provisions of this Act and the rules made under it, the principles, practice and rules on which election courts act in dealing with parliamentary election petitions shall be observed, so far as may be, by the High Court and election court in the case of election petitions relating to Assembly elections.”.

Section 158 (report as to candidate guilty of a corrupt or illegal practice)
Section 159 (candidate reported guilty of corrupt or illegal practice)f54
Section 160 (persons reported personally guilty of corrupt or illegal practices)f55

In subsection (4)—

  1. (a)

    after the word “Kingdom” insert “or local election”; and

  2. (b)

    after the word “Commons”, in each place where it occurs, insert “ or the Assembly”.

Omit subsection (6)
Section 161 (justice of the peace)f56
Section 162 (member of legal and certain other professions)
Section 163 (holder of licence or certificate under the Licensing Acts)
Section 164 (avoidance of election for general corruption etc.)
Section 165 (avoidance of election for employing corrupt agent)
In section 166 (votes to be struck off for corrupt or illegal practices) subsections (2) and (3)
Section 167 (application for relief)f57
Section 168 (prosecutions for corrupt practices)f58
Section 169 (prosecutions for illegal practices)f59
Section 170 (conviction of illegal practice on charge of corrupt practice etc.)
Section 173 (incapacities on conviction of corrupt or illegal practice)f60

In subsection (1)—

  1. (a)

    after the word “Kingdom” insert “or local election”; and

  2. (b)

    after the word “Commons”, in each place where it occurs, insert “ or the Assembly”.

In subsection (7)—

  1. (a)

    for the words from “House” to “elective office” substitute “ Assembly”; and

  2. (b)

    for the words from “Parliament” to “that office” substitute “ the Assembly”.

Omit subsection (10).
Section 174 (mitigation and remission etc.)f61
Section 175 (illegal payments etc.)f62
Section 176 (time limit for prosecutions)f63
Section 178 (prosecution of offences committed outside United Kingdom)f64
Section 179 (offences by associations)
Section 180 (evidence by certificate of holding of elections)
Section 180A (evidence by certificate of electoral registration)f65
Section 181 (Director of Public Prosecutions)f66
Section 183 (costs)
Section 184 (service of notices)f67
Section 185 (interpretation of Part III)f68
Section 186 (computation of time for purposes of Part III)
Section 200 (public notices, and declarations)f69
Section 200A (remuneration for free postal services provided under Act)f70In subsection (3), for the words from “charged” to the end substitute “ paid by the Secretary of State”.
Section 202 (general provisions as to interpretation)f71
Section 205 (general application to Northern Ireland)f72
SCHEDULE 1
(PARLIAMENTARY ELECTIONS RULES)
Rule 1 (timetable).

For the Timetable substitute:

“

TIMETABLE

ProceedingTime
Publication of notice of election.Not later than the 25th day before the date of the poll.
Delivery of nomination papers.Between the hours of 10 a.m. and 4 p.m. on the 17th and 16th days before the date of the poll.
Delivery of notices of withdrawals of candidature.Within the time for the delivery of nomination papers at the election.
The making of objections to nomination papers.

During the hours allowed for delivery of nomination papers and, on the 16th day before the date of the poll, the hour following:

the foregoing provisions do not apply to objections made in pursuance of rule 15(2) below.

Publication of statement of persons nominated.At the close of the time for making objections to nomination papers or as soon afterwards as any objections are disposed of.
Polling.Between the hours of 7 a.m. and 10 p.m. on the day of the poll.

”.

Rule 2 (computation of time)f73

For paragraph (2) substitute:

“(2)

In this rule “bank holiday” means a day which is a bank holiday under the Banking and Financial Dealings Act 1971f74 in Northern Ireland.”.

Rule 5 (notice of election)f75
Rule 6 (nomination of candidates)f76in paragraph (3)(b), omit the words from “or, where” to the end.
Rule 6A (nomination papers: name of registered political party)f77
Rule 7 (subscription of nomination paper)f78In paragraph (5), for the words from “than one nomination” to “delivered” substitute “nomination papers at the same election than there are vacancies to be filled and, if he does, his signature shall be inoperative on any paper other than the papers first delivered up to the number of vacancies ”.
Rule 8 (consent to nomination)In paragraph (3)(b), for the words “the House of Commons Disqualification ” substitute “the Northern Ireland Assembly Disqualification” and for the words “House of Commons” substitute “Assembly”.

After rule 8 insert the following rule:

“Substitutes

8A
(1)

During the time for the delivery of nomination papers, a candidate may give to the returning officer a notice in accordance with paragraph (2) below.

(2)

Such a notice shall—

(a)

be signed by the candidate,

(b)

set out the names and addresses of not more than six persons to act as a substitute for him and indicating, where more than one person is so named, his order of preference.

(3)

A substitute is a person who, in the event of the candidate being returned at the election but the seat of that candidate falling vacant, is returned in place of that candidate as a member of the Assembly.

(4)

Where a candidate submits more than one notice under this rule without cancelling any other notice, each notice shall be void.

(5)

This rule does not apply at a by-election.”.

Rule 9 (deposit)f79In paragraph (1), for “£500” substitute “£150 ”.
In rule 10 (place for delivery of nomination papers), paragraph (1)
Rule 11 (right to attend nomination)
Rule 12 (decisions as to validity of nomination papers)f80
Rule 13 (withdrawal of candidates)
Rule 14 (publication of statement of persons nominated)f81
Rule 15 (disqualification by Representation of the People Act 1981)
Rule 16 (adjournment of nomination proceedings in case of riot)
Rule 17 (method of election)In paragraph (1), for the words “than one person standing nominated ” substitute “persons standing nominated than there are members to be elected”.
In paragraph (2), for the words “only one person standing nominated, that person” substitute “a number of persons standing nominated which is equal to, or less than, the number of members to be elected, those persons ”.
Rule 18 (poll to be taken by ballot)For the words from “result” to the end of the rule, substitute “ votes given to each candidate shall be counted and the result of the poll determined in accordance with rules 44A to 44M of these rules”.
Rule 19 (the ballot papers)f82
Rule 20 (the official mark)
Rule 21 (prohibition of disclosure of vote)
Rule 22 (use of schools and public rooms)In paragraphs (1) and (2) after the word “poll” insert “ or counting the votes”.
Rule 23 (notice of poll)f83
Rule 24 (postal ballot papers)f84
Rule 25 (provision of polling stations)
Rule 26 (appointment of presiding officers and clerks)f85
Rule 28 (issue of official poll cards)f86
Rule 29 (equipment of polling stations)f87In paragraph (5) for the words from “the notice” to the end substitute “the notice set out in the Appendix”.
Rule 30 (appointment of polling and counting agents)f88
Rule 31 (notification of requirement of secrecy)f89
Rule 32 (admission to polling station)f90
Rule 33 (keeping of order in station)
Rule 34 (sealing of ballot boxes)
Rule 35 (questions to be put to voters)
Rule 36 (challenge of voter)
Rule 37 (voting procedure)f91In paragraph (1E)(b) for the words from “the United” to the end substitute “a Member State of the European Community”.
Omit paragraph (1F).

For paragraph (2), substitute:

“(2)

The voter, on receiving the ballot paper, shall forthwith proceed into one of the compartments in the polling station and there shall—

(a)

secretly record his vote by placing on the ballot paper “1” opposite the name of the candidate of his first choice and, if he wishes, by placing “ 2” opposite the name of the candidate of his second choice, “3” opposite the name of the candidate of his third choice and so on in the order of his preference;

(b)

fold the paper so that his vote is concealed;

(c)

show to the presiding officer the back of the paper so as to disclose the official mark; and

(d)

put the folded paper into the ballot box in the presence of the presiding officer.”.

Rule 38 (votes marked by presiding officer)f92In paragraph (1) for the words “vote to be marked on a ballot paper” substitute “ballot paper to be marked”.
Rule 39 (voting by persons with disabilities)f93
Rule 40 (tendered ballot papers)f94
Rule 40A (refusal to deliver ballot paper)f95
Rule 41 (spoilt ballot papers)
Rule 42 (adjournment of poll in case of riot)
Rule 43 (procedure on close of poll)f96
Rule 44 (attendance at counting of votes)Omit paragraph (5).

After rule 44 insert the following rules:

“Interpretation of rules 44B to 44M

44A

In rules 44B to 44M below—

  • “continuing candidate” means any candidate not deemed to be elected and not excluded;

  • “count” means all the operations involved in the counting of the first preferences recorded for candidates, the transfer of the surpluses of elected candidates, and the transfer of the votes of excluded candidates;

  • “deemed to be elected” means deemed to be elected for the purposes of the counting of votes but without prejudice to the declaration of the result of the poll;

  • “mark” means a figure, a word written in the English language or a mark such as “X”;

  • “non-transferable vote” means a ballot paper—

    1. (a)

      on which no second or subsequent preference is recorded for a continuing candidate, or

    2. (b)

      which is excluded by the returning officer under rule 44G(4) below;

  • “preference” as used in the following contexts has the meaning assigned below—

    1. (a)

      “first preference” means the figure “1” or any mark or word which clearly indicates a first (or only) preference;

    2. (b)

      “next available preference” means a preference which is the second or, as the case may be, subsequent preference recorded in consecutive order for a continuing candidate (any candidate who is deemed to be elected or is excluded thereby being ignored), and

    3. (c)

      in this context, a “second preference” is shown by the figure “ 2” or any mark or word which clearly indicates a second preference, a third preference by the figure “3” or any mark or word which clearly indicates a third preference, and so on;

  • “quota” means the number calculated in accordance with rule 44E below;

  • “surplus” means the number of votes by which the total number of votes for any candidate (whether first preference or transferred votes, or a combination of both) exceeds the quota; but, references in these rules to the transfer of the surplus means the transfer (at a transfer value) of all transferable papers from the candidate who has the surplus;

  • “stage of the count” means—

    1. (a)

      the determination of the first preference vote for each candidate; or

    2. (b)

      the transfer of a surplus of a candidate deemed to be elected; or

    3. (c)

      the exclusion of one or more candidates at any given time;

  • “transferable paper” means a ballot paper on which, following a first preference, a second or subsequent preference is recorded in consecutive numerical order for a continuing candidate;

  • “transferred vote” means a vote derived from a ballot paper on which a second or subsequent preference is recorded for the candidate to whom that paper has been transferred;

  • “transfer value” means the value of a transferred vote calculated in accordance with paragraph (4) or (7) of rule 44F below.

Preliminary proceedings and conduct of the count

44B
(1)

The returning officer shall—

(a)

in the presence of the counting agents open each ballot box and count and record the number of ballot papers in it;

(b)

in the presence of the election agents verify each ballot paper account; and

(c)

count such of the postal ballot papers as have been duly returned and record the number counted.

(2)

The returning officer shall not count the votes given on any ballot papers until—

(a)

in the case of the postal ballot papers, they have been mixed with the ballot papers from at least one ballot box; and

(b)

in the case of ballot papers from a ballot box, they have been mixed with the ballot papers from at least one other ballot box.

(3)

A postal ballot paper shall not be deemed to be duly returned unless it is returned in the proper envelope so as to reach the returning officer before the close of the poll and is accompanied by the declaration of identity duly signed and authenticated.

(4)

The returning officer shall not count any tendered ballot paper.

(5)

The returning officer, while counting and recording the number of ballot papers and counting the votes, shall keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers printed on the back of the papers.

(6)

The returning officer shall verify each ballot paper account by comparing it with the number of ballot papers recorded by him, and the unused and spoilt papers in his possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and shall draw up a statement as to the result of the verification, which any election agent may copy.

(7)

The returning officer shall so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that he may, in so far as he and the agents agree, exclude the hours between 7 in the evening and 9 on the following morning.

  • For the purposes of this exception the agreement of a candidate or his election agent shall be as effective as the agreement of his counting agents.

(8)

During the time so excluded the returning officer shall—

(a)

place the ballot papers and other documents relating to the election under his own seal and the seals of such of the counting agents as desire to affix their seals; and

(b)

otherwise take proper precautions for the security of the papers and documents.

Rejected ballot papers

44C
(1)

Any ballot paper—

(a)

which does not bear the official mark; or

(b)

on which the figure “1” standing alone is not placed so as to indicate a first preference for any candidate; or

(c)

on which the figure “1” standing alone indicating a first preference is set opposite the name of more than one candidate; or

(d)

on which anything (other than the printed number of the back) is written or marked by which the voter can be identified; or

(e)

which is unmarked or void for uncertainty,

shall be void and not counted, but the ballot paper shall not be void by reason only of carrying the words “one”, “two”, “three”, (and so on) or any other mark instead of a figure if, in the opinion of the returning officer, the word or mark clearly indicates a preference or preferences.

(2)

The returning officer shall endorse “Rejected” on any ballot paper which under this rule is not to be counted and if an election agent objects to his decision shall add to the endorsement the words “rejection objected to”.

(3)

The returning officer shall prepare a statement showing the number of ballot papers rejected by him under each of sub-paragraphs (a), (b), (c), (d) and (e) of paragraph (1) above and shall, on request, allow any candidate or agent to copy that statement.

(4)

The decision of the returning officer on any question arising in respect of a ballot paper shall be final but shall be subject to review on an election petition.

First stage

44D
(1)

The returning officer shall sort the ballot papers into parcels according to the candidates for whom first preference votes are given.

(2)

The returning officer shall then count the number of first preference votes given on ballot papers for each candidate and shall record those numbers.

(3)

The returning officer shall also ascertain and record the number of valid ballot papers.

The quota

44E
(1)

The returning officer shall divide the number of valid ballot papers by a number exceeding by one the number of members to be elected.

(2)

The result, increased by one, of the division under paragraph (1) above (any fraction being disregarded) shall be the number of votes sufficient to secure the election of a candidate (in these rules referred to as “the quota ”).

(3)

At any stage of the count a candidate whose total votes equals or exceeds the quota shall be deemed to be elected, except that at any election where there is only one vacancy a candidate shall not be deemed to be elected until the procedure set out in paragraphs (1) to (3) of rule 44H below has been complied.

Transfer of votes

44F
(1)

Where the number of first preference votes for any candidate exceeds the quota, the returning officer shall sort all the ballot papers on which first preference votes are given for that candidate into sub-parcels so that they are grouped—

(a)

according to next available preference given on those papers for any continuing candidate, or

(b)

where no such preference is given, as the sub-parcel of non-transferable votes.

(2)

The returning officer shall count the number of ballot papers in each parcel referred to in paragraph (1) above.

(3)

The returning officer shall, in accordance with this rule and rule 44G below, transfer each sub-parcel of ballot papers referred to in paragraph (1)(a) above to the candidate for whom the next available preference is given on those papers.

(4)

The vote on each ballot paper transferred under paragraph (3) above shall be at a value (“the transfer value”) which—

(a)

reduces the value of each vote transferred so that the total value of all such votes does not exceed the surplus; and

(b)

is calculated by dividing the surplus of the candidate from whom the votes are being transferred by the total number of the ballot papers on which those votes are given, the calculation being made to two decimal places (ignoring the remainder if any).

(5)

Where at the end of any stage of the count involving the transfer of ballot papers, the number of votes for any candidate exceeds the quota, the returning officer shall sort the ballot papers in the sub-parcel of transferred votes which was last received by that candidate into separate sub-parcels so that they are grouped—

(a)

according to the next available preference given on those papers for any continuing candidate, or

(b)

where no such preference is given, as the sub-parcel of non-transferable votes.

(6)

The returning officer shall, in accordance with this rule and rule 44G below, transfer each sub-parcel of ballot papers referred to in paragraph (5)(a) above to the candidate for whom the next available preference is given on those papers.

(7)

The vote on each ballot paper transferred under paragraph (6) shall be at—

(a)

a transfer value calculated as set out in paragraph (4)(b) above, or

(b)

at the value at which that vote was received by the candidate from whom it is now being transferred,

whichever is the less.

(8)

Each transfer of a surplus constitutes a stage in the count.

(9)

Subject to paragraph (10) below, the returning officer shall proceed to transfer transferable papers until no candidate who is deemed to be elected has a surplus or all the vacancies have been filled.

(10)

Transferable papers shall not be liable to be transferred where any surplus or surpluses which, at a particular stage of the count, have not already been transferred, are—

(a)

less than the difference between the total vote then credited to the continuing candidate with the lowest recorded vote and the vote of the candidate with the next lowest recorded vote, or

(b)

less than the difference between the total votes of the two or more continuing candidates, credited at that stage of the count with the lowest recorded total numbers of votes and the candidate next above such candidates.

(11)

This rule shall not apply at an election where there is only one vacancy.

Supplementary provisions on transfer

44G
(1)

If, at any stage of the count, two or more candidates have surpluses, the transferable papers of the candidate with the highest surplus shall be transferred first, and if—

(a)

the surpluses determined in respect of two or more candidates are equal, the transferable papers of the candidate who had the highest recorded vote at the earliest preceding stage at which they had unequal votes, shall be transferred first, and

(b)

the votes credited to two or more candidates were equal at all stages of the count, the returning officer shall decide between those candidates by lot and the transferable papers of the candidate on whom the lot fall shall be transferred first.

(2)

The returning officer shall, on each transfer of transferable papers under rule 44F above—

(a)

record the total value of the votes transferred to each candidate;

(b)

add that value to the previous total of votes recorded for each candidate and record the new total;

(c)

record as non-transferable votes the difference between the surplus and the total transfer value of the transferred votes and add that difference to the previously recorded total of non-transferable votes, and

(d)

compare—

(i)

the total number of votes then recorded for all of the candidates, together with the total number of non-transferable votes, with

(ii)

the recorded total of valid first preference votes.

(3)

All ballot papers transferred under rule 44F above or 44H below shall be clearly marked, either individually or as a sub-parcel, so as to indicate the transfer value recorded at that time to each vote on that paper or, as the case may be, all the papers in that sub-parcel.

(4)

Where a ballot paper is so marked that it is unclear to the returning officer at any stage of the count under rule 44F or 44H for which candidate the next preference is recorded, the returning officer shall treat any vote on that ballot paper as a non-transferable vote; and votes on a ballot paper shall be so treated where, for example, the names of two or more candidates (whether continuing candidates or not) are so marked that, in the opinion of the returning officer, the same order of preference is indicated or the numerical sequence is broken.

Exclusion of candidates

44H
(1)

If—

(a)

all transferable papers which under the provisions of rule 44F above (including that rule as applied by paragraph (11) below) and this rule are required to be transferred, have been transferred, and

(b)

subject to rule 44J below, one or more vacancies remain to be filled,

the returning officer shall exclude from the election at that stage the candidate with the then lowest vote (or, where paragraph (12) below applies, the candidates with the then lowest votes).

(2)

The returning officer shall sort all the ballot papers on which first preference votes are given for the candidate or candidates excluded under paragraph (1) above into two sub-parcels so that they are grouped as—

(a)

ballot papers on which a next available preference is given, and

(b)

ballot papers on which no such preference is given (thereby including ballot papers on which preferences are given only for candidates who are deemed to be elected or are excluded).

(3)

The returning officer shall, in accordance with this rule and rule 44G above, transfer each sub-parcel of ballot papers referred to in paragraph (2)(a) above to the candidate for whom the next available preference is given on those papers.

(4)

The exclusion of a candidate, or of two or more candidates together, constitutes a further stage of the count.

(5)

If, subject to rule 44J below, one or more vacancies still remain to be filled, the returning officer shall then sort the transferable papers, if any, which had been transferred to any candidate excluded under paragraph (1) above into sub-parcels according to their transfer value.

(6)

The returning officer shall transfer those papers in the sub-parcel of transferable papers with the highest transfer value to the continuing candidates in accordance with the next available preferences given on those papers (thereby passing over candidates who are deemed to be elected or are excluded).

(7)

The vote on each transferable paper transferred under paragraph (6) above shall be at the value at which that vote was received by the candidate excluded under paragraph (1) above.

(8)

Any papers on which no next available preferences have been expressed shall be set aside as non-transferable votes.

(9)

After the returning officer has completed the transfer of the ballot papers in the sub-parcel of ballot papers with the highest transfer value he shall proceed to transfer in the same way the sub-parcel of ballot papers with the next highest value and so on until he has dealt with each sub-parcel of a candidate excluded under paragraph (1) above.

(10)

The returning officer shall after each stage of the count completed under this rule—

(a)

record—

(i)

the total value of votes, or

(ii)

the total transfer value of votes transferred to each candidate;

(b)

add that total to the previous total of votes recorded for each candidate and record the new total;

(c)

record the value of non-transferable votes and add that value to the previous non-transferable votes total; and

(d)

compare—

(i)

the total number of votes then recorded for each candidate together with the total number of non-transferable votes, with

(ii)

the recorded total of valid first preference votes.

(11)

If after a transfer of votes under any provision of this rule, a candidate has a surplus, that surplus shall be dealt with in accordance with paragraphs (5) to (10) of rule 44F and rule 44G.

(12)

Where the total of the votes of the two or more lowest candidates, together with any surpluses not transferred, is less than the number of votes credited to the next lowest candidate, the returning officer shall in one operation exclude such two or more candidates.

(13)

If when a candidate has to be excluded under this rule, two or more candidates each have the same number of votes and are lowest—

(a)

regard shall be had to the total number of votes credited to those candidates at the earliest stage of the count at which they had an unequal number of votes and the candidate with the lowest number of votes at that stage shall be excluded; and

(b)

where the number of votes credited to those candidates was equal at all stages, the returning officer shall decide between the candidates by lot and the candidate on whom the lot falls shall be excluded.

Filling of last vacancies

44J
(1)

Where the number of continuing candidates is equal to the number of vacancies remaining unfilled the continuing candidates shall thereupon be deemed to be elected.

(2)

Where only one vacancy remains unfilled and the votes of any one continuing candidate are equal to or greater than the total of votes credited to other continuing candidates together with any surplus not transferred, the candidate shall thereupon be deemed to be elected.

(3)

Where the last vacancies can be filled under this rule, no further transfer of votes shall be made.

Re-count

44K
(1)

The returning officer on completion of each stage of the count shall, before proceeding with the next stage, inform all the candidates and their election agents then present of his intention, subject to a request for a re-count, to proceed to the next stage.

(2)

The returning officer shall comply with a request from a candidate or his election agent for a re-count of the last completed stage made before the returning officer proceeds to the next stage, but nothing in this rule shall require the returning officer to re-count the same parcel or sub-parcel more than once.

(3)

The returning officer may, if he thinks fit, re-count ballot papers either once or more often.

(4)

Where as a result of a re-count an error is discovered, the returning officer shall, where necessary, amend any results previously announced by him.

Order of election of candidates

44L
(1)

The order in which candidates whose votes equal or exceed the quota are deemed to be elected shall be the order in which their respective surpluses were transferred, or would have been transferred but for rule 44F(10) above.

(2)

A candidate credited with a number of votes equal to, and not greater than, the quota shall, for the purposes of this rule, be regarded as having had the smallest surplus at the stage of the count at which he obtained the quota.

(3)

Where the surpluses of two or more candidates are equal and are not required to be transferred, regard shall be had to the total number of votes credited to such candidates at the earliest stage of the count at which they had an unequal number of votes and the surplus of the candidate who had the greatest number of votes at that stage shall be deemed to be the largest.

(4)

Where the number of votes credited to two or more candidates were equal at all stages of the count, the returning officer shall decide between them by lot and the candidate on whom the lot falls shall be deemed to have been elected first.

Decisions of returning officer

44M

The decision of the returning officer, whether expressed or implied, on any question which arises in relation to the exclusion of any candidate under rule 44H or to any ballot paper or transfer of votes shall be final, but may be reviewed on an election petition.”.

Rule 50 (declaration of result)

For paragraph (1) substitute the following paragraph:

“(1)

In a contested election, when the result of the poll has been ascertained, the returning officer shall forthwith—

(a)

declare to be elected the candidates who are deemed to be elected under rules 44B to 44M above;

(b)

notify their names to the Secretary of State;

(c)

give public notice of—

(i)

the names of those candidates;

(ii)

the number of first preference votes for each candidate whether elected or not;

(iii)

any transfer of votes;

(iv)

the total number of votes for each candidate at each stage of the count at which such transfer took place; and

(v)

the order in which the successful candidates were elected.”.

In paragraph (2), for the words from “person standing” to the end substitute “person or persons standing nominated, shall also declare that person or persons elected, and the returning officer shall forthwith notify his or their names to the Secretary of State”.
Rules 53 (return or forfeiture of candidate’s deposit)f97In paragraph (4), for the words from “after the counting” to the end of the paragraph substitute “if the number of votes credited to the candidate at any stage of the counting of the votes does not exceed one quarter of the quota”.
Omit paragraph (5).
Rule 54 (sealing up of ballot papers)
In rule 55 (delivery of documents to Clerk of the Crown), paragraph (1)f98For the words “then forward to the Clerk of the Crown” substitute “ retain”.
Rule 56 (orders for production of documents)In paragraph (1), for the words “Clerk of the Crown” substitute “ returning officer” and omit sub-paragraph (i).
In paragraph (2), for the words “Clerk of the Crown's” substitute “ returning officer's”.
In paragraph (3), omit the words “House of Commons or”.
In paragraphs (6) and (8), for the words “Clerk of the Crown ”, in each place where they occur, substitute “returning officer”.
Rule 57 (retention and public inspection of documents)

In paragraph (1)—

  1. (a)

    for the words “Clerk of the Crown” substitute “returning officer ”;

  2. (b)

    for the words “forwarded to him in pursuance of these rules by a returning officer” substitute “to which rule 55(1) of these rules applies”; and

  3. (c)

    omit the words “House of Commons or”.

In paragraph (2), for the words from “Clerk of the Crown” to the end substitute “returning officer”.
In paragraph (3), for the words “Clerk of the Crown” substitute “ returning officer” and for the words “the Treasury” substitute “ the Secretary of State”.
Rule 60 (countermand or abandonment of poll on death of candidate)

In paragraph (1)—

  1. (a)

    for the words “as if the writ had been received 28 days” substitute “ as if the day appointed for the poll was the first Thursday after the expiry of 30 days”,

  2. (b)

    omit sub-paragraph (b); and

  3. (c)

    at the end of the paragraph add the following words “and the period of 30 days shall be calculated in accordance with rule 2 of these rules”.

APPENDIX OF FORMS
Form of nomination paperf99For the word “Parliament” substitute “the Northern Ireland Assembly”.
Form of ballot paperFor the form of the front of the ballot paper substitute the form set out in the Annex to this Schedule.
Directions as to printing the ballot paperFor the form substitute the form set out in the Annex to this Schedule.
Form of directions for the guidance of the voters in votingf100

In paragraph 2 for the words from “Mark a cross” to the end of the paragraph substitute:

  • “Number the candidates in order of 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”.

Omit paragraph 4 and re-number paragraph 5 accordingly.
Form of declaration to be made by the companion of a voter with disabilitiesf101

After the form add the following form:

“Form of notice to be displayed in compartments of polling stations

REMEMBER

USE 1, 2, 3 ETC AT THIS ELECTION

This is an election by proportional representation. Number the candidates in order of your preference, putting “1” against the candidate of your 1st 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.”.

SCHEDULE 2A (CONTROL OF DONATIONS TO CANDIDATES)f102
SCHEDULE 3 (DECLARATIONS AS TO ELECTION EXPENSES)
Form of declarationsf103
THE ELECTIONS (NORTHERN IRELAND) ACT 1985
Section 3 (offences relating to specified documents)f104
REPRESENTATION OF THE PEOPLE ACT 1985
Section 5 (manner of voting at parliamentary elections)f105
Section 7 (absent vote at a particular election and absent voters list)

In subsection (2)—

  1. (a)

    for the words “section 6 of this Act” substitute “paragraph 1 of Part I of Schedule 2 to the 1985 Orderf106”; and

  2. (b)

    for the words “parliamentary elections” substitute “local elections ”.

In subsection (4)—

  1. (a)

    for the words “section 6 of this Act as voting by post at parliamentary elections” substitute “paragraph 1 of Part I of Schedule 2 to the 1985 Order as voting by post”;

  2. (b)

    for the words “that section” substitute “that paragraph”; and

  3. (c)

    for the words “section 6 of this Act as voting by proxy at parliamentary elections” substitute “paragraph 1 of Part I of Schedule 2 to the 1985 Order as voting by proxy”.

Section 8 (proxies at elections)f107In subsection (3)(b) for the words “the Republic of Ireland ” substitute “a Member State of the European Communities”.
Omit subsection (6).
Omit subsections (9) and (10).
Section 9 (voting as proxy)Omit subsections (4) and (6).
In subsection (8) for the words “subsection (6) above” substitute “ paragraph 4(5) of Part I of Schedule 2 to the 1985 Order”.

In subsection (9)—

  1. (a)

    for the words “subsection (6) above” substitute “paragraph 4(5) of Part I of Schedule 2 to the 1985 Order”; and

  2. (b)

    for the words “that subsection” substitute “that sub-paragraph ”.

Omit subsection (11).
In section 12 (offences as to declarations etc.), subsections (3) and (4)
Section 27 (interpretation)f108In subsection (1), omit the definition of “European Parliamentary election”.
In subsection (2), omit the words from “and sections 5 to 7A ” to the end.
  1. ANNEXForm of front of ballot paper

Annotations

Footnotes

f1

Section 18(7) was amended by paragraph 4(4) of Schedule 4 to the Act of 1985.

f2

Section 29 was amended by the Representation of the People Act 1991 (c. 11) and the Transfer of Functions (Returning Officers' Charges) Order 1991 (S.I. 1991/1728); amendments made by Schedule 21 to the Political Parties, Elections and Referendums Act 2000 are not yet in force.

f3

Subsections (1) and (2) of section 49 were repealed by Schedule 6 to the Representation of the People Act 2000 (“the 2000 Act”); subsection (3) was repealed by Schedule 5 to the 1985 Act; subsection (5) was substituted by Schedule 2 to the Local Government Elections (Changes to the Franchise and Qualification of Members) Regulations 1995 (S.I. 1995/1948) and amended by Schedule 1 to the 2000 Act; subsection (6) was inserted by that Schedule.

f4

Section 52(5) was substituted by paragraph 12 of Schedule 4 to the Act of 1985.

f5

Section 54 was amended by Schedule 4 to the 1985 Act.

f6

Section 61 was amended by paragraph 2 of Schedule 2 to the Act of 1985 and subsection (6A) was inserted by section 2(5) of the Elections (Northern Ireland) Act 1985 (c. 2); other amendments made by the Greater London Authority Act 1999 (c. 29) are not relevant to this Order.

f7

Section 63 was substituted by paragraph 19 of Schedule 4 to the Act of 1985.

f8

Subsections (3) and (4) of section 65 were substituted by paragraph 2 of Schedule 3 to the Act of 1985.

f9

Section 65A was inserted by Schedule 6 to the 2000 Act.

f10

Section 66(6) was amended by paragraph 3 of Schedule 3 to the Act of 1985.

f11

Section 66A was inserted by Schedule 6 to the 2000 Act.

f12

Section 67(4) was amended by paragraph 20 of Schedule 4 to the Act of 1985.

f13

Section 68(3) was amended by paragraph 21 of Schedule 4 to the Act of 1985.

f14

Section 69 was amended by paragraph 22 of Schedule 4 to the Act of 1985 and Schedule 18 to the Political Parties, Elections and Referendums Act 2000.

f15

Subsection (3A) of section 70 was inserted by paragraph 23 of Schedule 4 to the Act of 1985.

f16

Section 71A was inserted by section 130(2) of the Political Parties, Elections and Referendums Act 2000.

f17

Section 73 was amended by section 14(1) of the 1985 Act and Schedule 18 to the Political Parties, Elections and Referendums Act 2000.

f18

Section 74 was amended by section 14(2) of the 1985 Act and Schedule 18 to the Political Parties, Elections and Referendums Act 2000.

f19

Section 74A was inserted by Schedule 18 to the Political Parties, Elections and Referendums Act 2000.

f20

So far as material, section 75 has been amended as follows: section 75(1)(i) was amended by Schedule 20 to the Broadcasting Act 1990 (c. 42) and Schedule 10 to the Broadcasting Act 1996 (c. 55); section 75(1)(ii) was amended, and section 75(1ZA) was inserted, by section 131 of the Political Parties, Elections and Referendums Act 2000; and subsections (2), (4) and (5) were amended by Schedule 4 to the 1985 Act.

f21

Subsections (1) and (2)(aa) of section 76 were substituted, and subsection (1B) was inserted, by section 132 of the Political Parties, Elections and Referendums Act 2000; subsection (2)(a) was amended by section 6 of the Representation of the People Act 1989 (c. 28) and the sums in that provision were substituted by S.I. 2001/535; words were omitted from subsection (2) by Schedule 1 to the Representation of the People Act 2000 and subsection (4) was substituted by that Schedule; and subsection (3) was repealed by Schedule 4 to the 1985 Act.

f22

Subsections (1) and (4) of section 78 were amended by Schedule 4 to the 1985 Act; subsections (1) and (2) were amended by Schedule 18 to the Political Parties, Elections and Referendums Act 2000; subsection (6) was repealed, and subsection (7) was substituted, by that Schedule.

f23

Subsections (1) and (4) of section 79 were amended by paragraph 26 of Schedule 4 to the Act of 1985 and subsection (3) was repealed by Schedule 18 to the Political Parties, Elections and Referendums Act 2000.

f24

Section 81 was amended, so far as material to this Order, by Schedule 4 to the 1985 Act and Schedule 18 to the Political Parties, Elections and Referendums Act 2000.

f25

Section 82 was amended by Schedule 4 to the 1985 Act and subsection (4) was repealed by Schedule 22 to the Political Parties, Elections and Referendums Act 2000.

f26

Subsection (1A) of section 86 was inserted by paragraph 30(a) of Schedule 4 to the Act of 1985 and subsection (2) amended by paragraph 30(b) of that Schedule; subsection (10) was substituted, and subsections (9) and (11) were repealed, by Schedule 18 to the Political Parties, Elections and Referendums Act 2000.

f27

Section 87(3) was amended by paragraph 31 of Schedule 4 to the Act of 1985.

f28

Section 87A was inserted by Schedule 18 to the Political Parties, Elections and Referendums Act 2000.

f29

Section 88 was amended, so far as material, by Schedule 4 to the 1985 Act.

f30

Subsections (1) and (1A) of section 89 were substituted by Schedule 18 to the Political Parties, Elections and Referendums Act 2000 and subsection (3) was amended by Schedule 4 to the 1985 Act.

f31

Sections 90A to 90C were inserted by section 134(1) of the Political Parties, Elections and Referendums Act 2000.

f32

Section 91(1) was substituted by Schedule 4 to the 1985 Act; subsections (1), (2) and (3) of section 91 were amended, and subsection (5) was inserted, by Schedule 8 to the Postal Services Act 2000 (c. 26); and subsection (4) was substituted by Schedule 4 to the 2000 Act.

f33

Section 92(1) was substituted by Schedule 20 to the Broadcasting Act 1990 (c. 42).

f34

Section 93 was substituted by section 144 of the Political Parties, Elections and Referendums Act 2000.

f35

Section 94 was amended by paragraph 36 of Schedule 4 to the Act of 1985 but the amendments are not relevant to this Order.

f36

Section 99(2) was substituted by Schedule 3 to the 1985 Act.

f37

Section 100(2) was amended by Schedule 3 to the 1985 Act.

f38

Section 106(4) was repealed by Schedule 5 to the 1985 Act; section 106(8) was repealed, and section 106(9) was substituted, by Schedule 18 to the Political Parties, Elections and Referendums Act 2000.

f39

Section 110 was substituted by Schedule 18 to the Political Parties, Elections and Referendums Act 2000 but the commencement of the new provision now rests on an order to be made under section 2(1) of the Election Publications Act 2001 (c. 5); the original section 110(3) which has returned into force was amended by Schedule 3 to the 1985 Act.

f40

Section 118 was amended by paragraph 43 of Schedule 4 to the 1985 Act, section 135(1) of the Political Parties, Elections and Referendums Act 2000 and Schedule 18 to that Act.

f41

Section 118A was inserted by section 135(2) of the Political Parties, Elections and Referendums Act 2000.

f42

Subsections (2) and (3) of section 119 were substituted by section 19(4) of the 1985 Act.

f43

Section 121(5) was amended by Schedule 18 to the Political Parties, Elections and Referendums Act 2000.

f44

Section 122(4) was amended by Schedule 4 to the 1985 Act and section 122(8) was repealed by Schedule 18 to the Political Parties, Elections and Referendums Act 2000.

f45

Section 124 was repealed in part by Schedule 5 to the 1985 Act.

f46

Section 126(3) was repealed in part by Schedule 5 to the 1985 Act and amended by Schedule 4 to that Act.

f47

Section 136 was amended by Schedule 4 to the 1985 Act and Schedule 18 to the Political Parties, Elections and Referendums Act 2000.

f48

Section 137 was substituted by Schedule 17 to the Political Parties, Elections and Referendums Act 2000.

f49

Section 138(1) was amended by Schedule 17 to the Political Parties, Elections and Referendums Act 2000.

f50

Section 140 was amended by paragraph 49 of Schedule 4 to the Act of 1985.

f51

Subsections (3) and (4) of section 141 were repealed by Schedule 5 to the Act of 1985.

f52

Section 156 was amended by Schedule 4 to the 1985 Act.

f53

Section 157(5) was repealed by Schedule 22 to the Political Parties, Elections and Referendums Act 2000.

f54

Section 159(2) was repealed by Schedule 17 to the Political Parties, Elections and Referendums Act 2000.

f55

Words were omitted from subsection (1) of section 160 and subsection (2) was repealed by Schedule 5 to the 1985 Act; subsection (3) was substituted by Schedule 4 to that Act; subsections (4) to (5A) were substituted by Schedule 17 to the Political Parties, Elections and Referendums Act 2000.

f56

Sections 161 to 163 were repealed in part by Schedule 5 to the 1985 Act and amended by Schedule 4 to that Act.

f57

Section 167(1A) was inserted by paragraph 56 of Schedule 4 to the 1985 Act and subsection (4) was omitted, and subsection (5) was substituted, by Schedule 18 to the Political Parties, Elections and Referendums Act 2000.

f58

Subsection (1) of section 168 was substituted for subsections (1) to (4) by paragraph 8 of Schedule 3 to the Act of 1985 and subsections (5) and (6) were repealed by Schedule 5 to that Act.

f59

Section 169 was repealed in part by Schedule 5 to the Act of 1985 and amended by paragraph 9 of Schedule 3 to that Act.

f60

Section 173 was substituted by section 136 of the Political Parties, Elections and Referendums Act 2000.

f61

Section 174(6) was repealed by Schedule 22 to the Political Parties, Elections and Referendums Act 2000.

f62

Section 175(1) was amended by Schedule 21 to the Political Parties, Elections and Referendums Act 2000 and Schedule 3 to the 1985 Act.

f63

Section 176 was amended by Schedule 4 to the 1985 Act.

f64

Section 178 was substituted by Schedule 4 to the 1985 Act.

f65

Section 180A was inserted by Schedule 1 to the 2000 Act.

f66

Subsections (1), (2) and (3) of section 181 were amended by Schedule 4 to the 1985 Act; subsection (6) was repealed in part by Schedule 5 to that Act; and subsection (8) was repealed by Schedule 2 to the Prosecution of Offences Act 1985 (c. 23).

f67

Section 184(1) was amended by Schedule 18 to the Political Parties, Elections and Referendums Act 2000.

f68

Section 185 was amended by Schedule 18 to the Political Parties, Elections and Referendums Act 2000.

f69

Section 200(1) was substituted by paragraph 68 of Schedule 4 to the 1985 Act.

f70

Section 200A was inserted by Schedule 8 to the Postal Services Act 2000 (c. 26).

f71

Section 202(1) was amended by section 4(5) of, and paragraph 3 of Schedule 2 to, the Act of 1985 and repealed in part by Schedule 5 to that Act; the definitions of “citizen of the Union” and “relevant citizen of the Union” were inserted by regulation 4(2) of the Local Government Elections (Changes to the Franchise and Qualification of Members) Regulations 1995 (S.I. 1995/1948); and the definition of “registered political party ” was inserted by Schedule 3 to the Greater London Authority Act 1999 (c. 29) and amended by Schedule 21 to the Political Parties, Elections and Referendums Act 2000.

f72

Section 205(1) was amended by Schedule 4 to the 1985 Act.

f73

Rule 2 was amended by section 19(5) of the Act of 1985.

f74

1971 c. 80.

f75

Rule 5 was amended by Schedules 2 and 4 to the 1985 Act and Schedule 6 to the 2000 Act.

f76

Rule 6(3) was substituted by section 38(2) of the Political Parties, Elections and Referendums Act 2000.

f77

Rule 6A was inserted by Schedule 2 to the Registration of Political Parties Act 1998 (c. 48) and amended by section 38(3) of the Political Parties, Elections and Referendums Act 2000.

f78

Rule 7(6) was substituted by Schedule 1 to the 2000 Act.

f79

Rule 9 was amended by section 13 of, and Schedule 4 to, the 1985 Act.

f80

Rule 12 was amended by Schedule 2 to the Registration of Political Parties Act 1998.

f81

Rule 14(5) was inserted by Schedule 21 to the Political Parties, Elections and Referendums Act 2000.

f82

Rule 19(2)(d) was amended by Schedule 4 to the 1985 Act and paragraphs (2A) and (2B) were inserted by Schedule 2 to the Registration of Political Parties Act 1998.

f83

Rule 23 was amended by Schedule 4 to the 1985 Act.

f84

Rule 24 was substituted by Schedule 6 to the 2000 Act.

f85

Rule 26(3) was amended by section 2(2) of the Elections (Northern Ireland) Act 1985 (c. 2).

f86

Rule 28 was amended by section 4(6) of, and Schedule 2 to, the 1985 Act.

f87

Rule 29(3A) was inserted by section 13(2) of the 2000 Act and rule 29(5) was amended by Schedule 4 to the 1985 Act.

f88

Rule 30(5) was repealed in part by Schedule 22 to the Political Parties, Elections and Referendums Act 2000.

f89

Rule 31 was substituted by Schedule 4 to the 1985 Act.

f90

Rule 32(1)(e) was amended by section 13(4) of the 2000 Act.

f91

Rule 37(1) was amended by section 2(3)(a) of the Elections (Northern Ireland) Act 1985 and Schedule 4 to the 1985 Act; paragraphs (1A) to (1G) were inserted by section 1(2) of the Elections (Northern Ireland) Act 1985; paragraph (1E) was amended by Schedule 3 to the Road Traffic (Consequential Provisions) Act 1986 (c. 54) and regulation 14 of S.I. 2001/400.

f92

Paragraph (1) of rule 38 was amended by section 2(3)(b) of the Elections (Northern Ireland) Act 1985 and paragraph (1A) was inserted by section 1(3) of that Act.

f93

Rule 39 was substituted by section 13(3) of the 2000 Act.

f94

Paragraph (1)(b) of rule 40 was repealed in part by Schedule 5 to the Act of 1985; paragraphs (1A) to (1C) were inserted by section 1(5) of the Elections (Northern Ireland) Act 1985 and paragraphs (5) and (6) were inserted by section 1(6) of that Act.

f95

Rule 40A was inserted by section 2(4) of the Elections (Northern Ireland) Act 1985.

f96

Rule 43(1)(f) was amended by section 13(4) of the 2000 Act.

f97

Rule 53 was amended by section 13(b) of, and paragraph 83 of Schedule 4 to, the 1985 Act.

f98

Rule 55(1)(c) was amended by section 13(4) of the 2000 Act.

f99

The form of nomination paper has been amended by section 38(4) of the Political Parties, Elections and Referendums Act 2000 and the notes repealed in part by Schedule 1 to the Representation of the People Act 2000.

f100

The form of directions was substituted by Schedule 4 to the 1985 Act.

f101

The form of declaration to be made by the companion of a voter with disabilities was amended by section 13(5) of the 2000 Act.

f102

Schedule 2A was inserted by Schedule 16 to the Political Parties, Elections and Referendums Act 2000.

f103

The form of declaration was amended by paragraph 88 of Schedule 4 to the Act of 1985.

f104

Section 3(7) was amended by section 25(2) of the Act of 1985.

f105

Sections 5 to 9 were amended by Schedule 6 to the 2000 Act.

f106

Part I was substituted by Schedule 2 to the Local Elections (Northern Ireland) (Amendment) Order 1987 (S.I. 1987/168).

f107

Section 8(3) was substituted by paragraph 7 of Schedule 2 to S.I. 1995/1948 and section 8(11) was repealed by Part IX of Schedule 27 to the Finance Act 1985 (c. 54).

f108

Section 27(1) was repealed in part by the Schedule to the European Communities (Amendment) Act 1986 (c. 58) and subsection (2) was amended by Schedule 6 to the 2000 Act.