The Local Elections (Northern Ireland) Order 1985

Made: 20th March 1985

Coming into Operation: 27th March 1985

At the Court at Buckingham Palace, the 20th day of March 1985 Present, The Queen's Most Excellent Majesty in Council

Now, therefore, Her Majesty in exercise of the powers conferred by section 38(1)(a) and (4) of the Northern Ireland Constitution Act 1973[^f00001], is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Citation, commencement and extent

1

• (1) This Order may be cited as the Local Elections (Northern Ireland) Order 1985 and shall come into operation on the seventh day after the day on which it is made.

• (2) This Order extends to Northern Ireland only.

Interpretation

2

• (1) The Interpretation Act (Northern Ireland) 1954[^f00002] shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

• (2) In this Order “the Act of 1962” means the Electoral Law Act (Northern Ireland) 1962[^f00003].

• (3) In this Order expressions have the same meaning as in the Act of 1962.

Revocations

3

• (1) The provisions of the Northern Ireland (Local Elections) Order 1977[^f00004], except Article 3 of, and Schedule 1 to, that Order shall cease to have effect on the coming into operation of this Order and that Order shall be revoked on 15th May 1985.

• (2) The Northern Ireland (Variation of Limits of Candidates' Election Expenses) Order 1981[^f00005] is hereby revoked.

Local elections rules

4

For the local elections rules set out in Schedule 5 to the Act of 1962[^f00006] there shall be substituted the rules set out in Schedule 1.

District electoral areas

5

At a local election there shall be a separate election for each district electoral area and each such area shall return such number of councillors as is provided by the Order in Council under section 38(1)(a) of the Northern Ireland Constitution Act 1973 constituting the area in question.

Manner of voting

6

• (1) A local elector may vote in person at the polling station allotted to him under the local elections rules in Schedule 5 to the Act of 1962 (as substituted by Schedule 1) unless he is entitled as an elector to an absent vote at the election.

• (2) He may vote by post if he is entitled as an elector to vote by post at the election.

• (3) If he is entitled to vote by proxy at the election, he may so vote unless, before a ballot paper has been issued for him to vote by proxy, he applies at the polling station allotted to him for a ballot paper for the purpose of voting in person, in which case he may vote in person there.

• (4) The provisions of Parts I and II of Schedule 2 shall have effect as respects the entitlement to vote by post or to vote by proxy at a local election and as respects the appointment of proxies and voting by post or by proxy.

• (5) Accordingly, at the end of section 67 of the Act of 1962 (voting by proxy)[^f00007], there shall be added the following subsection—

(5) This section and Schedule 7 shall not apply at a local election.

• (6) A local elector shall not be entitled to vote in person as an elector where he has applied to be treated as an absent voter and is entitled in pursuance of the application to vote by post.

• (7) If a local elector is not entitled as an elector to vote by post or by proxy at the election but is unable or likely to be unable to go to the polling station allotted to him by reason of the particular circumstances of his duties on the date of the poll either—

• (a) as a constable,

• (b) as a member of Her Majesty's forces (including Her Majesty's reserve or auxiliary forces) in connection with the election, or

• (c) by reason of his employment by the returning officer in connection with the election,

he may vote in person as elector at any polling station in the district electoral area.

• (8) The proceedings in connection with the issue and receipt of postal ballot papers at a local election shall be conducted in accordance with Part III of Schedule 2.

Election day

7

• (1) In section 11 of the Act of 1962 (election and term of office of members of district councils)[^f00008], after subsection (1) there shall be inserted:

(1A) The election day referred to in subsection (1) is the third Wednesday in May.

• (2) In section 130(1) of the Act of 1962 (interpretation), after the definition of “election court” there shall be inserted:

• “election day” has the meaning given in section 11(1) and (1A);

Variation of certain time limits

8

• (1) In section 23(7) of the Act of 1962 (returning officer at local election to submit account of expenses to local authority within three months of the declaration of the result of the election), for the words “three months” there shall be substituted the words “six months”.

• (2) At the end of section 24(1) of the Act of 1962 (time during which claims must be made against the returning officer), there shall be added the words “In the case of a local election, this subsection shall have effect as if, for the period of twenty-one days referred to above, there were substituted a period of forty-two days”.

Limit on candidates' election expenses

9

In section 42(1) of the Act of 1962 (limit on candidates' election expenses at an election)[^f00009], for the words from “current register” to the end there shall be substituted the words "current register, and for a candidate at a local election is £135 together with an additional 2.8p for every entry in the register of electors to be used at the election (as first published)".

Fee for inspection of returns and declarations as to election expenses

10

In subsection (1) of section 52 of the Act of 1962 (inspection of returns and declarations)[^f00010], after the words “5p” and after the words “1p” there shall be inserted the words “in the case of a return or declaration relating to a parliamentary election,” and at the end of the subsection there shall be inserted the following:—

Where the return or declaration relates to a local election, the fee for inspection shall be £1 and the price of copies shall be 10p for each side of each page.

Right to send election address post free

11

In subsection (1) of section 53 of the Act of 1962 (right to send election address post free), after the word “parliamentary” there shall be inserted the words “or local”.

Deposit

12

• (1) In section 60 of the Act of 1962 (candidates' deposit), in subsection (1) after the word “election” there shall be inserted the words “(other than a local election)”; and in subsection (3), paragraph (b) shall cease to have effect.

• (2) In section 61 of the Act of 1962 (return or disposal of deposit)—

• (a) in subsection (1) the words “or Local Elections Rules as the case may be”,

• (b) in subsection (3), paragraph (b),

• (c) in subsection (5), paragraph (b), and

• (d) in subsection (8), paragraph (c),

shall cease to have effect.

Disapplication of section 110 of the Act of 1962

13

Section 110 of the Act of 1962 (compensation where charge of personation is unjustly made or not prosecuted) shall not apply at a local election and accordingly in subsection ( 1) of that section the words “or Rule 37 of the Local Elections Rules” shall be omitted.

Voting offences

14

• (1) The following amendments shall be made to Schedule 9 to the Act of 1962 (electoral offences).

• (2) In sub-paragraph (a) of paragraph 5 (offences as to proxy voting) after the word “parliamentary” there shall be inserted the words “or local”.

• (3) In paragraph 10(1) (offences in connection with legal incapacity to vote):—

• (a) at the end of paragraph (a), there shall be added the words “or votes by post at a local election”, and

• (b) in paragraph (b), after the word “parliamentary” there shall be inserted the words “or local”.

• (4) In paragraph I I(b) (voting in person where entitled to vote by post) after the word “parliamentary” there shall be inserted the words “or local”.

• (5) In paragraph 12(1)(b) (voting as proxy for person subject to legal incapacity), after the word “votes” there shall be inserted the words “(at a local election, whether in person or by post)”.

• (6) After paragraph 12 (proxy offences) there shall be inserted the following paragraph:—

(12A) (1) For the purposes of the offences in sub-paragraphs (c) and (d) of paragraph 11 (voting offences as elector at local elections) and sub-paragraph (d) of paragraph 12(2) (voting offence as proxy at local elections) a person who has applied for a ballot paper for the purpose of voting in person, or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, shall be deemed to have voted. (2) Where a person is alleged to have committed an offence under the provisions referred to in sub-paragraph (1) by voting on a second or subsequent occasion, he shall not be deemed by virtue of that sub-paragraph to have voted by applying on a previous occasion for a ballot paper for the purpose of voting in person unless he then marked a tendered ballot paper under rule 37(4) of the local elections rules.

Offences relating to specified documents

15

• (1) A person commits an offence if, on the day of or the day next preceding the poll at a local election, he has possession of a document to which this Article applies, with the intention of committing or of enabling another person to commit the offence of personation at the election.

• (2) This Article applies to—

• (a) a document which is not, but purports to be, a specified document within the meaning of rule 34 of the local elections rules in Schedule 5 to the Act of 1962 (as substituted by Schedule 1), and

• (b) a specified document within the meaning of that rule which either falsely bears the name of the person in possession or does not bear that name.

• (3) If a constable has reasonable grounds for suspecting that a person has possession of a document in contravention of paragraph (1), the constable may—

• (a) search that person, and detain him for the purpose of searching him;

• (b) search any vehicle in which the constable suspects that the document may be found, and for that purpose require the person in control of the vehicle to stop it;

• (c) seize and retain, for the purpose of proceedings for an offence under paragraph (1), any document found in the course of the search if there are reasonable grounds for suspecting that it is a document to which this Article applies.

• (4) If a resident magistrate is satisfied by complaint on oath that there are reasonable grounds for suspecting that a person has possession on any premises of a document in contravention of paragraph (1), he may grant a warrant authorising any constable—

• (a) to enter, if need be by force, the premises named in the warrant,

• (b) to search the premises and any person found there, and

• (c) to seize and retain, for the purpose of proceedings for an offence under paragraph (1), any document found in the course of the search if there are reasonable grounds for suspecting that it is a document to which this Article applies.

• (5) A person commits an offence if he—

• (a) intentionally obstructs a constable in the exercise of his powers under this Article, or

• (b) conceals from a constable acting in the exercise of those powers any document to which this Article applies.

• (6) A constable may arrest without warrant a person who has committed, or whom the constable has reasonable grounds for suspecting to have committed, an offence under paragraph (1) or (5) if—

• (a) he has reasonable grounds for believing that that person will abscond unless arrested,

• (b) the name and address of that person are unknown to, and cannot be ascertained by, him, or

• (c) he is not satisfied that a name and address furnished by that person as his name and address are true.

• (7) A person is guilty of a corrupt practice if he commits or aids, abets, counsels or procures the commission of an offence under paragraph (1); and the provisions of the Act of 1962 relating to corrupt practices shall apply in such a case, but reading for the words “one year” in section 108(2) (penalty on indictment) the words “two years”.

• (8) A person guilty of an offence under paragraph (5) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale (as provided by Article 5 of the Fines and Penalties (Northern Ireland) Order 1984[^f00011]) or to imprisonment for a term not exceeding 6 months or to both.

• (9) A prosecution shall not be instituted in respect of an offence under paragraph (1) except by or with the consent of the Director of Public Prosecutions for Northern Ireland.

• (10) In this Article—

• “premises” includes any place and, in particular, includes any movable structure, and

• “vehicle” means a vehicle intended or adapted for use on land (however propelled, and including a caravan or other vehicle intended or adapted to be drawn).

Consequential amendments to Act of 1962

16

• (1) The following amendments in consequence of the provisions of this Order shall be made to the Act of 1962.

• (2) In section 11(3) (effect of death of candidate)[^f00012] for the words from the beginning to “adjourned” there shall be substituted the words "If the poll at an election in any district electoral area is countermanded or abandoned by reason of a candidate's death".

• (3) In section 14A(2) (discharge of functions of Chief Electoral Officer)[^f00013] for the words “Rule 22 of Schedule 5” there shall be substituted the words “rule 23 of the local elections rules”.

• (4) In section 29(8) (power to refuse to issue a ballot paper) for the words “Rules 31, 35 and 37 of the Local Elections Rules” there shall be substituted the words “rule 32 and paragraphs (2) to (7) of rule 34 (including those paragraphs as applied by rules 35, 36 and 37) of the local elections rules”.

• (5) In section 42(3) (limitation on election expenses), after the words “of expenses” there shall be inserted “(a) at a parliamentary election” and at the end there shall be inserted the following:—

and (b) at a local election shall, for each of two or more joint candidates, be reduced by one-fourth or, if there are more than two joint candidates, by one-third.

• (6) In section 72(3)(c) (persons not qualified to act at election court for trial of petition relating to local election) for the word “ward” there shall be substituted the words “district electoral area”.

• (7) In section 130(1) (interpretation)—

• (a) in the definition of “current register” for the words after “constituency” to the end of the definition there shall be substituted the words “or district electoral area for which the election is being held”;

• (b) in the definition of “election” for the words from “local election means” to the end of the definition there shall be substituted the words “local election means an election in a district electoral area”; and

• (c) in the definition of “local election” for the words from “an election” to “for a” there shall be substituted the words “an election in a district electoral area for a”.

• (8) In Schedule 10—

• (a) in Forms 2, 3 and 4[^f00014] for the words “ward of district” there shall be substituted the words “district electoral area”, and

• (b) in Form 5 after the word “constituency” there shall be inserted the words "or ... district electoral area".

Consequential amendment to the Local Government Act (Northern Ireland) 1972

17

In section 1(1)(a) of the Local Government Act (Northern Ireland) 1972 (district councils)[^f00015], for sub-paragraphs (i) and (ia) there shall be substituted:

(i) elected by the local electors (within the meaning of section 130(1) of the Electoral Law Act (Northern Ireland) 1962) in each district electoral area in the district in accordance with the provisions of the Electoral Law Acts (Northern Ireland) 1962 to 1971 and the provisions of the Local Elections (Northern Ireland) Order 1985;

Consequential amendments to Electoral Law (Northern Ireland) Order 1972

18

• (1) The following amendments in consequence of the provisions of this Order shall be made to the Electoral Law (Northern Ireland) Order 1972[^f00016].

• (2) Article 3(2) and Schedule 1 (timetable for local elections and computation of time) shall cease to have effect.

• (3) Article 8(2) (description of candidate in nomination paper and on ballot paper) shall cease to have effect.

• (4) Article 10 (deposits by candidates at local elections) shall cease to have effect.

• (5) In Article 11 (period for delivery of nomination papers) the words “and local” shall be omitted.

• (6) In Article 14 (hours of polling) the words “or local” and the words from “and in paragraph (3)” to the end shall be omitted.

SCHEDULE 1 — SCHEDULE SUBSTITUTED FOR SCHEDULE 5 TO THE ACT OF 1962

SCHEDULE 2 — ABSENT VOTING

PART I — VOTING BY POST AND BY PROXY

Interpretation

1

In this Part—

• (a) “Act of 1983” means the Representation of the People Act 1983[^f00017];

• (b) a reference to a specified day before the day of the poll shall be calculated in accordance with rule 2 (computation of time) of the local elections rules;

• (c) a reference to a numbered form is a reference to the form of that number in Part II of this Schedule; and

• (d) a reference to the local elections rules means the rules in Schedule 5 to the Act of 1962 as substituted by Schedule 1.

Entitlement to absent vote for an indefinite period under Act of 1983

2

• (1) This paragraph applies to a local elector who—

• (a) on the day of the poll for a local election is, or will be, also registered as an elector for the purposes of elections to the Parliament of the United Kingdom,

• (b) is, in respect of that registration, entitled to an absent vote at those elections for an indefinite period by virtue of paragraph (a), (b) or (c) of subsection (2) or subsection (4) of section 20 of the Act of 1983,

• (c) is included not later than noon on the eleventh day before the day of the poll in the record of absent voters kept by the Chief Electoral Officer as registration officer under section 20(5) of the Act of 1983 or, as the case may be, the record of electors for whom proxies have been appointed kept by that Officer under section 21(8) of that Act, and

in respect of whom that Officer has, before the time mentioned in paragraph (c), received an application in Form 1, requesting that the applicant's entitlement to vote by post or by proxy for an indefinite period at elections to the Parliament of the United Kingdom should also have effect for an indefinite period at local elections.

• (2) A local elector—

• (a) to whom sub-paragraph (1) applies, and

• (b) who is entitled to vote by post for an indefinite period at elections to the Parliament of the United Kingdom

may, by virtue of this paragraph, vote by post at local elections for as long as he is so entitled to vote at elections to the Parliament of the United Kingdom; and the address given in the record under section 20(5) of the Act of 1983 as the address to which a ballot paper is to be sent shall be the address for that purpose at local elections.

• (3) A local elector—

• (a) to whom sub-paragraph (1) applies, and

• (b) who is entitled to vote by proxy for an indefinite period at elections to the Parliament of the United Kingdom

may, by virtue of this paragraph, vote by proxy at local elections for as long as he is so entitled to vote at elections to the Parliament of the United Kingdom; and the proxy named in the record kept under section 21(8) of the Act of 1983 as the proxy appointed shall be the proxy for the purpose of local elections.

• (4) The Chief Electoral Officer shall include the names of those electors who, at a local election, are—

• (a) entitled to vote by post under the provisions of sub-paragraphs (1) and (2) in the list referred to in rule 24(2) of the local elections rules, and

• (b) entitled to vote by proxy under the provisions of sub-paragraphs (1) and (3) in the list referred to in rule 24(1) of the local elections rules.

• (5) The Chief Electoral Officer shall notify the applicant if he disallows his application under sub-paragraph (1).

Entitlement of proxy to vote by post/or an indefinite period under Act of 1983

3

• (1) This paragraph applies where a local elector is entitled to vote by proxy by virtue of paragraph 2(1) and (3) and that proxy—

• (a) is entitled to vote by post as proxy at elections to the Parliament of the United Kingdom in respect of that elector for an indefinite period by virtue of subsections (6)(b) and (7) of section 22 of the Act of 1983,

• (b) is included not later than noon on the eleventh day before the day of the poll in the record of persons whose applications to vote by post as proxy are for the time being allowed, kept by the Chief Electoral Officer as registration officer under section 22(8) of the Act of 1983, and

in respect of whom that Officer has, before the time mentioned in paragraph (b), received an application in Form 2, requesting that the applicant's entitlement to vote by post as proxy for an indefinite period at elections to the Parliament of the United Kingdom should also have effect for an indefinite period at local elections.

• (2) A proxy to whom sub-paragraph (1) applies may, by virtue of this paragraph, vote by post as proxy at local elections for as long as he is so entitled to vote at elections to the Parliament of the United Kingdom; and the address given in the record kept under section 22(8) of the Act of 1983 as the address to which a ballot paper is to be sent shall be the address for that purpose at local elections.

• (3) The Chief Electoral Officer shall include the names of those proxies who are entitled to vote by post at a local election under the provisions of this paragraph in the list referred to in rule 24(2) of the local elections rules.

• (4) The Chief Electoral Officer shall notify an applicant if he disallows his application under sub-paragraph (1).

Absent vote at a particular local election

4

• (1) Where a person applies to the Chief Electoral Officer to vote by post, or to vote by proxy, at a particular local election, the Chief Electoral Officer shall grant the application if—

• (a) he is satisfied that the applicant is a person to whom this paragraph applies,

• (b) he is satisfied that the applicant is or will be registered in the register of local electors,

• (c) in the case of an application to vote by post, the applicant has provided an address in the United Kingdom as an address to which his ballot paper is to be sent, and

• (d) the application meets the requirements of paragraphs 9 and 10.

• (2) This paragraph applies to the following persons—

• (a) any person who cannot reasonably be expected to go in person to the polling station allotted or likely to be allotted to him under the local elections rules for one of the following reasons, that is—

• (i) the general nature of his occupation, service or employment or that of his spouse,

• (ii) his service as a member of any of Her Majesty's reserve or auxiliary forces,

• (iii) the particular circumstances of his employment on the date of the poll either as a constable or, for a purpose connected with the election, by the returning officer, and

• (iv) religious observance,

• (b) any person who cannot reasonably be expected—

• (i) to go in person to the polling station allotted or likely to be allotted to him under the local elections rules; or

• (ii) to vote unaided there

by reason of blindness or other physical incapacity,

• (c) any person who is a patient or inmate in any hospital or institution in Northern Ireland, and

• (d) any person who is unable to go in person from his qualifying address to the polling station without making a journey by air or sea.

• (3) The Chief Electoral Officer shall notify the applicant if he disallows his application under this paragraph.

Service elector's application to vote by post at a particular election

5

• (1) An elector who

• (a) is registered as a local elector by virtue of a service qualification,

• (b) is, under sub-paragraphs (1) and (3) of paragraph 2, entitled to vote by proxy at local elections by virtue of being so entitled to vote at elections to the Parliament of the United Kingdom,

may, not later than noon on the eleventh day before the day of the poll, apply to the Chief Electoral Officer by means of Form 3 for the purpose of voting by post at a particular local election.

• (2) The Chief Electoral Officer shall grant an application under sub-paragraph (1) if—

• (a) he is satisfied that the applicant is a person to whom sub-paragraph (1) applies and that he is or will be registered in the register of local electors by virtue of a service qualification,

• (b) the applicant has provided an address in the United Kingdom as an address to which his ballot paper is to be sent, and

• (c) the application was made in the form and received by the Chief Electoral Officer in the time specified in sub-paragraph (1).

• (3) The Chief Electoral Officer shall notify the applicant if he disallows his application under sub-paragraph (1).

Appointment of proxies under paragraph 4

6

• (1) This paragraph applies to the appointment of proxies under paragraph 4.

• (2) Subject to the provisions of this paragraph, any person is capable of being appointed proxy to vote for another (in this paragraph referred to as “the elector”) at a local election and may vote in pursuance of the appointment.

• (3) The elector cannot have more than one person appointed to vote for him at any particular local election.

• (4) A person is not capable of being appointed to vote, or voting, as proxy at a local election—

• (a) if he is subject to any legal incapacity (age apart) to vote at that election as an elector; or

• (b) if he is neither a Commonwealth citizen nor a citizen of the Republic of Ireland.

• (5) An elector shall apply to the Chief Electoral Officer for the appointment of a proxy to vote for him at a particular local election by means of completing Part II of Forms 5, 6 or 7, which Part should be signed by the person consenting to act as the elector's proxy.

• (6) The Chief Electoral Officer shall make the appointment if he is satisfied that the application satisfies the requirements of paragraphs 4, 9 and 10 and that the proxy is capable of being and willing to be appointed.

• (7) The appointment of the proxy under this paragraph is to be made by means of a proxy paper in Form 4 issued by the Chief Electoral Officer.

• (8) The appointment shall remain in force for the particular local election for which it was made.

• (9) If for any reason the Chief Electoral Officer does not issue a proxy paper under sub-paragraph (7), he shall notify the elector why he has not done so.

Voting by proxy

7

• (1) A person entitled to vote as proxy at a local election, whether by virtue of paragraph 2(1) and (3) or paragraph 6, may do so in person at the polling station allotted to the elector under the local elections rules unless he is entitled to vote by post as proxy for the elector at the election, in which case he may vote by post.

• (2) A person is not capable of voting as proxy at any such election unless on the day of the poll he has attained the age of 18.

• (3) A person is not entitled to vote as proxy at the same local election in any district electoral area on behalf of more than two electors of whom that person is not the husband, wife, parent, grandparent, brother, sister, child or grandchild.

• (4) Where a person is entitled to vote by post as proxy for the elector at any election, the elector may not apply for a ballot paper for the purpose of voting in person at the election.

• (5) A person entitled to vote as proxy for another at a local election is entitled so to vote by post if he is included in the list of proxies entitled to vote by post at the election kept under rule 24(2) of the local elections rules.

• (6) Where a person applies to the Chief Electoral Officer to vote by post as proxy at a particular election and the application meets the requirements of sub-paragraph (7) and paragraphs 9 and 10, he shall grant the application if the applicant has provided an address in the United Kingdom as an address to which his ballot paper is to be sent, and either—

• (a) that address is not in the same district electoral area as the elector's qualifying address, or

• (b) the applicant is, or the Chief Electoral Officer is satisfied that he will be, included as an elector in the absent voters lists kept under rule 24 of the local elections rules for the election in question.

• (7) The Chief Electoral Officer shall not grant an application under this paragraph unless—

• (a) he is satisfied that the elector is or will be registered in the register of local electors,

• (b) the application is in Form 8, and

• (c) there is in force an appointment of the applicant as the elector's proxy to vote for him at the particular local election concerned.

• (8) The Chief Electoral Officer shall notify an applicant if he disallows an application under sub-paragraphs (6) and (7).

List of proxies and postal voters and notifications

8

• (1) The Chief Electoral Officer shall include the names of those electors who, at a local election, are—

• (a) entitled to vote by post under the provisions of paragraphs 4 and 5, in the list referred to in rule 24(2) of the local elections rules; and

• (b) entitled to vote by proxy under the provisions of paragraphs 4 and 6, in the list referred to in rule 24(1) of the local elections rules.

• (2) The Chief Electoral Officer shall include the names of those proxies who are entitled to vote by post at a local election under the provisions of Article 7 in the list referred to in rule 24(2) of the local elections rules.

• (3) As soon as may be after the issue of a proxy paper under paragraph 6(7) the Chief Electoral Officer shall send a notice of the fact to the elector.

Applications under paragraph 4

9

• (1) An application under paragraph 4 to vote by post or vote by proxy at a particular election shall be made in—

• (a) Form 5 in any case where the application is based on the grounds in paragraph 4(2)(a);

• (b) Form 6 in any case where the application is based on the grounds in paragraph 4(2)(b) or (c); and

• (c) Form 7 in any case where the application is based on the grounds in paragraph 4(2)(d).

• (2) An application to be treated as an absent voter based on the ground of religious observance shall not be allowed by the Chief Electoral Officer unless it is accompanied by a certificate signed by a minister of the applicant's religious denomination certifying the nature and times of the religious observances and that the applicant is bound to observe them.

• (3) An application to be treated as an absent voter based on the ground that the applicant is a patient or inmate in a hospital or institution in Northern Ireland shall not be allowed by the Chief Electoral Officer unless it is accompanied by a declaration, signed by a registered medical practitioner who has responsibility for the applicant or who has examined him, declaring that the applicant is such a patient.

• (4) An application to be treated as an absent voter based on the ground of blindness or physical incapacity shall not be allowed by the Chief Electoral Officer unless it is accompanied by a declaration signed by a registered medical practitioner or by a Christian Science practitioner declaring—

• (a) that the applicant cannot reasonably be expected by reason of blindness or other physical incapacity to go in person to the polling station allotted to him, or, if able to go, to vote there unaided; and

• (b) that, in the case of a registered medical practitioner, the applicant is registered with him as that practitioner or, in either case, that he has examined the applicant immediately before making the declaration.

Disregard of applications

10

An application to vote by post or by proxy under paragraph 4, or by a proxy to vote by post under paragraph 7, shall be disregarded if it is received by the Chief Electoral Officer after noon on the eleventh day before the day of the poll.

Absent voters lists

11

As soon as the absent voters lists (within the meaning of rule 24 of the local elections rules) have been prepared, the Chief Electoral Officer shall publish them by making a copy of them available for inspection at his office; and, as soon as practicable after that, he shall, on request and free of charge, supply a copy of them to each candidate or his election agent.

Marked register of electors for polling stations

12

In any copy of the register or part of it that is provided for a polling station there shall be placed—

• (a) against the name of any elector who is, or whose proxy is, entitled to vote by post the letter “A”; and

• (b) against the name of any elector on behalf of whom a proxy has been appointed the letter “P”.

Offences

13

A person who makes a statement which he knows to be false in any declaration or form in Part II which is used for the purposes of this Part is guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale (as provided by Article 5 of the Fines and Penalties (Northern Ireland) Order 1984).

PART II — FORMS

FORM 1: Application for absent voting facilities granted for an indefinite period for elections to the Parliament of the United Kingdom to apply for local elections (paragraph 2 of Part I)

FORM 2: Application by proxy for an elector at elections to the Parliament of the United Kingdom who is entitled for an indefinite period to vote by post at those elections to vote by post for an indefinite period at local elections (paragraph 3 of Part I)

FORM 3: Application by service elector in the United Kingdom to vote by post (paragraph 5 of Part I)

FORM 4: Proxy paper (paragraph 6(7) of Part I)

FORM 5: Application to be treated as an absent voter for reason connected with employment or religious observance (paragraph 9 of Part I)

FORM 6: Application to be treated as an absent voter at a particular local election owing to blindness, other physical incapacity or being a patient or inmate of hospital or institution (paragraph 9 of Part I)

FORM 7: Application to be treated as an absent voter at a particular local election owing to an air or sea journey (paragraph 9 of Part I)

FORM 8: Application by proxy to vote by post (paragraph 7 of Part I)

PART III — ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS

Interpretation

1

For the purpose of this Part, unless the context otherwise requires—

• “agent” includes the election agent and a person appointed to attend in the election agent's place;

• “election rules” means the local elections rules in Schedule 5 to the Act of 1962, as substituted by Schedule 1;

• “issue” includes the original and any subsequent issue;

• “postal ballot paper” means a ballot paper issued to a postal voter;

• “postal voter” means a person entitled to vote by post at an election as an absent voter or as a proxy;

• “returning officer” means the Chief Electoral Officer provided that, in respect of any function that Officer has delegated to a deputy returning officer (within the meaning of Article 9(2) of the Electoral Law (Northern Ireland) Order 1972), it means the deputy returning officer acting under the supervision of the Chief Electoral Officer.

Form of ballot paper

2

Except as provided by rule 17(3) of the elections rules with respect to the official mark, the ballot papers to be sent to postal voters shall be in the same form as, and indistinguishable from, those delivered to other voters.

Persons entitled to be present at issue and receipt of postal ballot papers

3

• (1) No person other than—

• (a) the returning officer and his clerks,

• (b) a candidate,

• (c) an election agent or any person appointed by a candidate to attend in his election agent's place,

• (d) any agents appointed under sub-paragraph (2),

may be present at the proceedings on the issue or receipt of postal ballot papers.

• (2) Where postal ballot papers are to be issued, or the envelopes contained in the postal voters' ballot boxes are to be opened, simultaneously or in two or more batches, each candidate may appoint one or more agents up to the number he may be authorised by the returning officer to appoint not exceeding the number of such batches so, however, that the number authorised shall be the same in the case of each candidate.

• (3) Notice of the appointment stating the names and addresses of the persons appointed shall be given by the candidate to the returning officer before the time fixed for the issue of the postal ballot papers or the opening of the postal voters' ballot boxes, as the case may be.

• (4) If an agent dies or becomes incapable of acting, the candidate may appoint another agent in his place and shall forthwith give to the returning officer notice in writing of the name and address of the agent appointed.

• (5) Agents may be appointed and notice of appointment given to the returning officer by the candidate's election agent instead of by the candidate.

• (6) In this Part of this Schedule references to agents shall be taken as references to agents whose appointments have been duly made and notified and, in the case of agents appointed under sub-paragraph (2), who are within the number authorised by the returning officer.

• (7) A candidate may himself do any act or thing which any agent of his, if appointed, would have been authorised to do, or may assist his agent in doing any such act or thing.

• (8) Where in this Part any act or thing is required or authorised to be done in the presence of the candidates or their agents, the non-attendance of any such persons or person at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.

Declaration of secrecy

4

• (1) Every person attending the proceedings on the issue or receipt of postal ballot papers shall make a declaration of secrecy in the form in sub-paragraph (4) before the issue of postal ballot papers:

Provided that if any person attends only the proceedings on the receipt of postal ballot papers, he need not make the declaration before the issue but shall make it before he is permitted to attend the proceedings on the receipt of postal ballot papers.

• (2) The returning officer shall make the declaration in the presence of a Justice of the Peace, and any other person shall make the declaration in the presence of a Justice of the Peace or of the returning officer or of the clerk of a district council.

• (3) Sub-paragraph ( 4) of paragraph 27 of Schedule 9 to, and section 111 of, the Act of 1962 shall be read to the declarant by the person taking the declaration or shall be read by the declarant in the presence of that person.

• (4) The declaration shall be as follows:—

I solemnly promise and declare that I will not do anything forbidden by sub-paragraph (4) of paragraph 27 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 which has been read to [by] me.

Notice of issue of postal ballot papers

5

• (1) The returning officer shall give each candidate not less than two days' notice in writing of the time and place at which he will issue postal ballot papers and of the number of agents he may appoint under paragraph 3(2) to attend that issue.

• (2) Where any subsequent issue of ballot papers is made, the returning officer shall notify each candidate as soon as practicable of the time and place at which he will make such subsequent issue and of the number of agents he may appoint under paragraph 3(2) to attend such issue.

Marking of postal ballot paper

6

• (1) Each postal ballot paper issued shall be stamped with the official mark which shall perforate or emboss the ballot paper and the name and number in the register of electors shall be called out, and such number shall be marked on the counterfoil, and a mark shall be placed in the list of postal voters against the number of the elector to denote that a ballot paper has been issued to the elector or his proxy but without showing the particular ballot paper issued.

• (2) The number of a postal ballot paper shall be marked on the declaration of identity sent with that paper.

Refusal to issue postal ballot paper

7

Where the returning officer is satisfied that two or more entries in the list of postal voters relate to the same elector or that a postal proxy has been appointed for a person entered in the list of proxies, he shall not issue more than one ballot paper in respect of the same elector.

Ballot paper envelope

8

The returning officer shall, in addition to the ballot paper, declaration of identity and envelope for their return (hereinafter referred to as a “covering envelope”) which he is required by rule 21 of the elections rules to send to a postal voter, send a smaller envelope marked “ballot paper envelope” bearing the number of the ballot paper.

Delivery of postal ballot papers to post office

9

Envelopes addressed to postal voters shall be counted and forthwith delivered by the returning officer to the nearest head post office, or such other office as may be arranged with the head postmaster, and the postmaster shall stamp with the post office date stamp a form of receipt to be presented by the returning officer stating the number of envelopes so delivered, and shall immediately forward such envelopes for delivery to the persons to whom they are addressed.

Provision of postal voters' ballot box

10

• (1) The returning officer shall, at the proceedings on the original issue of postal ballot papers, provide a ballot box or ballot boxes for the reception of the covering envelopes when returned by the postal voters.

• (2) Every such ballot box shall be shown open and empty to the agents present and shall then be locked by the returning officer and sealed with the seal of the returning officer and the seals of such of the agents as desire to affix their seals in such a manner as to prevent its being opened without breaking the seal.

• (3) Every such ballot box shall be marked "postal voters' ballot box" and with the name of the district electoral area for which the election is held.

• (4) The returning officer shall make provision for the safe custody of every such ballot box.

Sealing up of special lists and counterfoils

11

• (1) The returning officer, as soon as practicable after the completion of the issue of the postal ballot papers, and in the presence of the agents, shall make up in separate packets—

• (a) the marked copies of the list of postal voters, and

• (b) the counterfoils of those ballot papers which were issued,

and shall seal such packets.

• (2) The sealed packet containing the marked copies of the list of postal voters may be opened by the returning officer for the purposes of a subsequent issue, and on completion of that issue the copies shall be again made up and sealed in accordance with sub-paragraph (1).

Spoilt postal ballot paper

12

• (1) If a postal voter has inadvertently dealt with his postal ballot paper in such manner that it cannot be conveniently used as a ballot paper (in this Part referred to as “a spoilt postal ballot paper”) he may return (either by hand or by post) to the returning officer the spoilt postal ballot paper, the declaration of identity, the ballot paper envelope and the covering envelope.

• (2) The returning officer, on receipt of the said documents, shall, unless the documents are received too late for another postal ballot paper to be returned before the close of the poll, issue another postal ballot paper and the foregoing paragraphs of this Part, but not paragraphs (b), (c) or (d) of sub-paragraph (1) or sub-paragraphs (2) to (8) of paragraph 3 or paragraph 5, shall apply accordingly.

• (3) The spoilt postal ballot paper, the declaration of identity and the ballot paper envelope shall be immediately cancelled.

• (4) The returning officer, as soon as practicable after cancelling the said documents, shall make up the said documents in a separate packet and shall seal the packet; and if on any subsequent occasion documents are cancelled as aforesaid, the sealed packet shall be opened and the additional cancelled documents included therein and the packet shall thereupon be again made up and sealed.

Receipt of covering envelope

13

The returning officer shall, immediately on receipt (whether by hand or by post) of a covering envelope before the close of the poll, place it unopened in a postal voters' ballot box locked and sealed in accordance with paragraph 10.

Opening of postal voters' ballot box

14

• (1) Each postal voters' ballot box shall be opened by the returning officer in the presence of the agents.

• (2) So long as the returning officer ensures that there is at least one postal voters' ballot box for the reception of covering envelopes up to the time of the close of the poll, the other postal voters' ballot boxes may previously be opened by him.

• (3) The returning officer shall give each candidate at least forty-eight hours' notice in writing of the time and place of his opening of each postal voters' ballot box and the envelopes contained therein and of the number of agents the candidates may appoint under paragraph 3(2) to be present at each opening.

Opening of covering envelopes

15

• (1) Where a postal voters' ballot box has been opened, the returning officer shall count and note the number of covering envelopes, and shall then open each covering envelope separately.

• (2) Where a covering envelope does not contain both a declaration of identity and a ballot paper envelope or, there being no ballot paper envelope, a ballot paper, or contains more than one ballot paper (whether in an envelope or not), he shall mark the covering envelope “rejected”, attach thereto the contents (if any) of the covering envelope and place it in a separate receptacle (hereinafter referred to as “the receptacle for votes rejected”); and if the covering envelope does not contain the declaration separately, the returning officer shall open the ballot paper envelope to ascertain if the declaration is inside that envelope.

• (3) On opening a covering envelope, other than one to which sub-paragraph (2) applies, he shall first satisfy himself that the declaration of identity has been duly signed and authenticated and, if he is not so satisfied, he shall mark the declaration “rejected”, attach thereto the ballot paper envelope or, if there is no such envelope, the ballot paper, and place it in the receptacle for votes rejected:

Provided that before so doing he shall show the declaration to the agents and, if any objection is made by any agent to his decision, he shall add the words “rejection objected to”.

• (4) Where the number on the declaration of identity duly signed and authenticated agrees with the number on the ballot paper envelope, he shall place the declaration in a separate receptacle (hereinafter referred to as “the receptacle for declarations of identity”) and the ballot envelope in another separate receptacle (hereinafter referred to as “the receptacle for ballot paper envelopes”).

• (5) Where there is no ballot paper envelope or the ballot paper envelope has been opened under sub-paragraph (2), he shall—

• (a) where the number on the declaration of identity duly signed and authenticated agrees with the number on the ballot paper, place the declaration in the receptacle for declarations of identity and the ballot paper in a ballot box previously shown open and empty to the agents present and locked by the returning officer and sealed with the seal of the returning officer and the seals of such of the agents as desire to affix their seals in such manner as to prevent its being opened without breaking the seal which shall be subsequently treated as a ballot box for the purpose of rule 45 of the elections rules;

• (b) where the number on the said declaration does not agree with the number on the ballot paper, mark the declaration “rejected”, attach thereto the ballot paper and place it in the receptacle for votes rejected.

• (6) Where the number on the declaration of identity duly signed and authenticated does not agree with the number on the ballot paper envelope or that envelope has no number on it, he shall open the envelope and shall—

• (a) where the number on the declaration agrees with the number on the ballot paper, place the declaration in the receptacle for declarations of identity and the ballot paper in the ballot box referred to in sub-paragraph (5);

• (b) where the number on the declaration does not agree with the number on the ballot paper or there is no ballot paper, mark the declaration “rejected”, attach thereto the ballot paper (if any) and place it in the receptacle for votes rejected.

• (7) Except for the purposes of ascertaining under sub-paragraph (2) whether a ballot paper envelope contains a declaration of identity or, where there is more than one ballot paper envelope, a ballot paper or under sub-paragraph (6) whether the number on the declaration agrees with the number on the ballot paper, the returning officer shall not open the ballot paper envelopes before they are opened under paragraph 17.

Sealing up of rejected votes and declarations of identity

16

On the conclusion of the proceedings under paragraph 15 the returning officer shall put the contents of the receptacle for votes rejected and the contents of the receptacle for declarations of identity into two separate packets and shall seal up such packets.

Opening of ballot paper envelopes

17

• (1) After sealing up the packets referred to in paragraph 16 the returning officer shall open separately each ballot paper envelope placed in the receptacle for ballot paper envelopes.

• (2) Where a ballot paper envelope does not contain a ballot paper, he shall mark the envelope “rejected”.

• (3) Where the number on the ballot paper envelope agrees with the number on the ballot paper contained therein, he shall place the ballot paper in the ballot box referred to in paragraph 15(5).

• (4) Where the number on the ballot paper envelope does not agree with the number on the ballot paper contained therein, he shall mark the ballot paper “rejected” and attach the ballot paper envelope thereto.

• (5) He shall put into a separate packet the envelopes and the ballot papers marked “rejected” under the provisions of this paragraph and shall seal up such packet.

Abandoned poll

18

Where a poll is countermanded or abandoned after postal ballot papers have been issued, by reason of the death of a candidate, the returning officer—

• (a) shall not take any step or further step to open covering envelopes or deal with their contents in accordance with the provisions of this Part, and

• (b) shall, notwithstanding paragraphs 16 or 17, treat all unopened covering envelopes and the contents of those which have been opened as if they were counted ballot papers.

Disposal of documents

19

• (1) The returning officer shall forward to the proper officer of the relevant council any packets referred to in paragraphs 11, 12, 16 or 17.

In this sub-paragraph—

• “proper officer” means the officer who is charged with the duty of looking after the documents to which rule 58 of the elections rules applies; and

• “relevant council” means the council to which the election in question takes place.

• (2) Where any covering envelopes are received by the returning officer after the close of the poll or any envelopes addressed to postal voters are returned as undelivered too late to be readdressed, or any spoilt ballot papers are returned too late to enable other postal ballot papers to be issued, he shall put them unopened into a separate packet, seal up such packet and deal with it in the manner described in sub-paragraph (1).

• (3) Any packets dealt with under sub-paragraphs (1) or (2) shall be deemed to be documents to which rules 58 to 60 of the elections rules apply.

Signed

G. I. de Deney, — Clerk of the Privy Council.

Explanatory note

(This Note is not part of the Order.)

EXPLANATORY NOTE

This Order replaces the Northern Ireland (Local Elections) Order 1977 (“the 1977 Order”). In common with that Order, this Order amends and supplements the provisions of the Electoral Law Act (Northern Ireland) 1962 (“the 1962 Act”) in its application to local government elections in Northern Ireland. The changes are as follows.

Article 4 of this Order substitutes the new local elections rules which are set out in Schedule 1 to the Order for the rules in Schedule 5 to the Act of 1962 (as substituted by the 1977 Order). The new rules include provisions about the documents an elector must produce at a polling station in order to obtain a ballot paper which provisions correspond to sections 1 and 2 of the Elections (Northern Ireland) Act 1985. In common with the rules substituted by the 1977 Order, the new elections rules provide for the use of the single transferable vote system at local elections. However, in other respects the new rules are more closely based on the parliamentary elections rules in Schedule 1 to the [Representation of the People Act 1983 (c.2)](https://www.legislation.gov.uk/ukpga/1983/2) (“*the 1983 Act*”).

Article 6 of, and Schedule 2 to, this Order make fresh provision for absent voting at local elections. Under paragraph 2 of Part I of Schedule 2 to the Order those electors who are also registered as parliamentary electors and are, in respect of that registration, entitled to absent voting facilities for an indefinite period at those elections, are entitled, on application, to those facilities for an indefinite period at local elections. Paragraph 4 enables electors to apply for absent voting facilities at a particular local election. The grounds of entitlement are similar to the grounds of entitlement for local electors in Great Britain under the 1983 Act. Part III of Schedule 2 to the Order provides for the issue and receipt of postal ballot papers.

Article 8 extends from three to six months the time in which the Chief Electoral Officer as returning officer must submit his account of expenses to the relevant local authority and extends from twenty-one to forty-two days the time in which claims against the returning officer must be sent to him.

Article 9 amends section 42(1) of the Act of 1962 to increase the limit on candidates' election expenses at local elections. That limit is calculated by reference to a fixed sum (which was £110 and will be £135) together with an additional sum (which was 2.3p and will be 2.8p) in respect of each entry in the register of electors for that election. The sums were last increased in February 1981. Article 10 increases the fee payable for the inspection of the returns as to election expenses at local elections from 10p to £1 and alters the fee payable for copies of those returns so that such copies are now available at 10p for each side of each page. The present fees have not been increased since the enactment of the Act of 1962 (which Act was itself a consolidation).

Article 12 removes the requirement for a candidate at a local election to deposit £15 pending the outcome of the election.

Article 13 disapplies section 110 of the Act of 1962 under which a person unfairly charged with personation was entitled to a sum not exceeding £10 in respect of damages and costs arising from his arrest.

Article 14 extends certain voting offences in the Act of 1962.

Article 15 makes provision with respect to the possession of certain documents which corresponds to section 3 of the Elections (Northern Ireland) Act 1985. The Article creates an offence in respect of the possession of the documents referred to in paragraph (2) of Article 15 on the day of the poll or the preceding day so as to commit personation. It confers powers on constables in connection with the offence; and creates a related offence of obstruction or concealment punishable by a maximum of six months imprisonment or a fine not exceeding level 5 on the standard scale ( currently £2,000).

Article 7 makes a minor drafting amendment and Article 11 sets out in a different form the provision included in the 1977 Order by which candidates are entitled to send their election addresses post free. Articles 16 to 18 make consequential amendments.

Footnotes

[^f00001]: 1973 c. 36; section 38 was amended by paragraph 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).

[^f00002]: 1954 c. 33 (N.I.).

[^f00003]: 1962 c. 14 (N.I.).

[^f00004]: S.I. 1977 /428.

[^f00005]: S.I. 1981/229.

[^f00006]: Schedule 5 was substituted by Schedule 2 to the Northern Ireland (Local Elections) Order 1977.

[^f00007]: Section 67 was extended by Article 6 of the Northern Ireland (Local Elections) Order 1977.

[^f00008]: Section 11 was substituted by Article 3(1) of the Electoral law (Northern Ireland) Order 1972 (S.I. 1972/1264 (N.I.13)).

[^f00009]: Section 42(1) was amended (so far as material) by Article 13(2)(c) of the Electoral Law (Northern Ireland) Order 1972.

[^f00010]: Section 52(1) is read in accordance with section 10 of, and Schedule 1 to, the Decimal Currency Act 1969 (c. 19).

[^f00011]: S.I. 1984/703 (N.I. 3).

[^f00012]: Section 11(3) was substituted by Article 3 of the Electoral Law (Northern Ireland) Order 1972 (S.I. 1972/1264 (N.I. 13)) and amended by Article 4(3)(a) of the Local Elections (Northern Ireland) Order 1977 (S.I. 1977/428).

[^f00013]: Section 14A was substituted by Article 6 of the Electoral Law (Northern Ireland) Order 1972.

[^f00014]: Forms 2, 3 and 4 were amended by Schedule 2 to the Electoral Law (Northern Ireland) Order 1972.

[^f00015]: 1972 c. 9 (N.I.); paragraph (a) was amended by Article 5(4) of the Northern Ireland (Local Elections) Order 1977.

[^f00016]: S.I. 1972/1264 (N.I. 13).

[^f00017]: 1983 c. 2.