Statutory Instrument 1987 No. 168

The Local Elections (Northern Ireland) (Amendment) Order 1987

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© Crown Copyright 1987

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1987 No. 168

NORTHERN IRELAND

The Local Elections (Northern Ireland) (Amendment) Order 1987

At the Court at Buckingham Palace, the 10th day of February 1987

Present

The Queen's Most Excellent Majesty in Council

Whereas a draft of this Order has been approved by resolution of each House of Parliament:Now, therefore, Her Majesty in exercise of the powers conferred by section 38(1)(a) and (4) of the Northern Ireland Constitution Act 1973^[1] is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

Citation and extent
    1.—(1)  This Order may be cited as the Local Elections (Northern Ireland) (Amendment) Order 1987.

    (2)  This Order extends to Northern Ireland only.

Commencement
    2.—(1)  Subject to paragraphs (2) to (7), this Order shall come into force on the sixth day after the day on which it is made.

    (2)  The provisions of—
 (a) Articles 5 and 6,
 (b) paragraphs 5, 6, 32 to 34, 36 to 39, 42 and 46 to 50 of Schedule 1, and
 (c) Schedules 2 and 3,
shall not have effect for the purposes of an election in respect of which the notice of election is published before the sixth day after the day on which this Order is made.

    (3)  The provisions of paragraphs 18, 22, 25 to 27, 30, 51, 56 and 57 of Schedule 1 shall not have effect for the purposes of an offence committed, or alleged to have been committed, before the sixth day after the day on which this Order is made.

    (4)  The provisions of paragraphs 7 to 11, 13, 15, 52 and 58 of Schedule 1 shall not have effect for the purposes of an election the result of which is declared before the sixth day after the day on which this Order is made.

    (5)  The provisions of paragraphs 12 and 24 of Schedule 1 shall not have effect for the purposes of an application made under sections 49 and 107, respectively, of the Act of 1962 before the sixth day after the day on which this Order is made.

    (6)  Paragraph 14 of Schedule 1 shall not have effect for the purposes of an order made under section 50 of the Act of 1962 which was made before the sixth day after the day on which this Order is made.

    (7)  Paragraph 44 of Schedule 1 shall come into force on the expiry of three months after the day on which this Order is made.

Interpretation
    3.—(1)  The Interpretation Act (Northern Ireland) 1954^[2] shall apply to Articles 1 and 2 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

    (2)  The "Act of 1962" means the Electoral Law Act (Northern Ireland) 1962^[3]

Miscellaneous amendments to Act of 1962
    4.    The Act of 1962 shall have effect subject to the amendments specified in Schedule 1.

Amendments to the Local Elections (Northern Ireland) Order 1985
    5.—(1)  Article 6(6) (manner of voting) of the Local Elections (Northern Ireland) Order 1985^[4] shall be omitted.

    (2)  For Article 6(7) of that Order there shall be substituted the following paragraph:
"  (7)  If a local elector is not entitled as an elector to an absent vote at the election but cannot reasonably be expected to go in person to the polling station allotted to him under the local elections rules by reason of the particular circumstances of his employment either as a constable or by the returning officer, on the date of the poll for a purpose connected with the election, he may vote in person at any polling station in the district electoral area.".



    (3)  At the end of Article 6 of that Order there shall be added the following paragraphs:—
"(9) For the purposes of the provisions of this Order and the Act of 1962, a person entitled to vote as an elector at a local election is entitled as an elector to vote by post or entitled to vote by proxy at the election if he is shown in the absent voters list for the election as so entitled; and references in those provisions to entitlement as an elector to an absent vote at a local election are references to entitlement as an elector to vote by post or entitlement to vote by proxy at the election.

  (10) Parts I and III of Schedule 2 shall have effect as if contained in Part VII of the Act of 1962." .



    (4)  Article 14 (voting offences) of that Order shall be omitted.

    (5)  For Part I (voting by post and by proxy) of Schedule 2 to that Order there shall be substituted the provisions set out in Schedule 2.

    (6)  Part II (forms) of Schedule 2 to that Order shall be omitted.

    (7)  Part III (issue and receipt of postal ballot papers) of Schedule 2 to that Order shall have effect subject to the amendments specified in Schedule 3.

Transitional provisions for absent voters
    6.—(1)  In relation to any person who, immediately before 16th February 1987, was entitled to vote by post or by proxy for an indefinite period at local elections by virtue of an application under paragraph 2(1) of Part I of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 (which Part is to be replaced by the Part set out in Schedule 2 to this Order and is hereafter referred to as the "replaced Part"), paragraphs 1 to 4 of Part I of Schedule 2 to that Order, as substituted by Schedule 2 to this Order ("the Part which is substituted"), shall have effect—
 (a) as if an application by him under paragraph 1 of the Part which is substituted so to vote at local elections had been granted on the date of the coming into force of that Part,
 (b) where immediately before 16th February 1987, an appointment of a person to vote for him as proxy at local elections was in force, as if the appointment had been made in respect of such elections under paragraph 3 of the Part which is substituted on the date of the coming into force of that Part, and
 (c) where the application treated as granted by virtue of sub-paragraph (a) is an application to vote by post, as if he had specified in the application as the address to which his ballot paper is to be sent the address provided by him for the purpose under the replaced Part.

    (2)  Where an appointment of a person to vote as proxy for another at local elections is treated by virtue of paragraph (1) as made under paragraph 3 of the Part which is substituted, and immediately before 16th February 1987 the proxy was entitled, in pursuance of an application for an indefinite period, so to vote by post at local elections, paragraph 4 of that Part shall have effect—
 (a) where the proxy's application was based on his entitlement as elector to vote by post, as if an application by him under paragraph 4(4)(a) of that Part to vote by post as proxy at local elections had been granted on the date of the coming into force of that part, and
 (b) where the proxy's application was based on the situation of the address to which his ballot paper was to be sent, as if an application by him under paragraph 4(4)(b) of that Part to vote by post as proxy at local elections had been granted on the date of the coming into force of that Part.

G. I. de Deney

Clerk of the Privy Council

[1] 1973 c. 36; section 38 was amended by paragaph 6 of Schedule 2 to the Northern Ireland Act 1982 (c. 38) and the powers in section 38(1) are referred to in section 5(1) of the Elections (Northern Ireland) Act 1985 (c. 2). back

[2] 1954 c. 33 (N.I.). back

[3] 1962 c. 14 (N.I.). back

[4] S.I. 1985/454. back

Explanatory Note