The Local Elections (Northern Ireland) Order 2010
- (1) Paragraph 6 (additional requirements for applications on grounds of disability) is amended as follows.
- (2) In the heading for “physical incapacity” substitute “ blindness or other disability ”.
- (3) In sub-paragraphs (1), (2) and (3)(a), (b) and (c) for “physical incapacity” or “incapacity”, wherever they appear, substitute “ disability ”.
- (4) In sub-paragraph (2) after “signed by” insert “ a person who is registered in the register and who is ”.
- (5) For sub-paragraph (2)(b) substitute—
(b) a nurse registered on the register maintained by the Nursing and Midwifery Council under article 5 of the Nursing and Midwifery Order 2001 by virtue of qualifications in nursing; (ba) a social worker registered under the principal part of the register maintained by the Northern Ireland Social Care Council under section 3 of the Health and Personal Services Act (Northern Ireland) 2001 ;
- (6) For sub-paragraph (2)(f) substitute—
(f) the manager or other person in charge of premises forming one of a group of premises provided for persons of pensionable age or persons with a disability for which there is a resident manager or other person in charge, where the applicant states that he resides in such premises.
- (7) After sub-paragraph (3)(a) insert—
(aa) that he is registered in the register;
- (8) In sub-paragraph (4)(a) for “Health and Social Services Board” substitute “ Health and Social Care Trust ”.
- (9) For sub-paragraph (4)(b) substitute—
(b) the application states that the applicant is in receipt of— (i) the higher rate of attendance allowance (payable under section 65 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992) ; or (ii) the highest rate of the care component or the higher rate of the mobility component (or both) of the disability living allowance (payable under sections 72 and 73 of that Act), because of the disability specified in the application.
- (10) In sub-paragraph (5) for “Health and Social Services Board” substitute “ Health and Social Care Trust ”.
8
- (1) Paragraph 7 (additional requirements for applications based on occupation, service etc.) is amended as follows.
- (2) For “An application under paragraph 1(2)(c)” substitute “ In the case of an application made under paragraph 1(2)(c) by reason of a person's occupation, service or employment, the application ”.
- (3) In sub-paragraph (1)(c) after “self-employed” insert “ or otherwise does not have an employer ”.
- (4) In sub-paragraph (2)(a) after “self-employed” insert “ or otherwise does not have an employer ”.
- (5) In the full-out words at the end of sub-paragraph (2) omit “paragraph (i) of”.
- (6) For sub-paragraph (3) substitute—
(3) The person attesting an application under sub-paragraph (2) shall— (a) where the applicant is the employed person, certify that the statements included in the application in accordance with the requirements of paragraphs (a) to (d) of sub-paragraph (1) are true; (b) where the applicant is the spouse or civil partner of the employed person, certify that the statements included in the application in accordance with the requirements of paragraphs (a) to (c) of sub-paragraph (1) are true; (c) in all cases, state his name and address, that he is aged 18 years or over, resides in the United Kingdom and knows the employed person, but is not related to such person; and (d) in the case of a person who attests an application under paragraph (b) of that sub-paragraph, state either that he is the employer of that person or the position he holds in the employment of that employer.
9
After paragraph 7 insert—
(7A) (1) In the case of an application made under paragraph 1(2)(c) by reason of a person's attendance on a course, the application shall state— (a) whether the person attending the course is the applicant or his spouse or civil partner; (b) the nature of the course; (c) why the applicant cannot reasonably be expected to go in person to his allotted polling station (within the meaning of paragraph 6(6)) by reason of the general nature of the course. (2) The application shall be attested and signed by a person who— (a) is aged 18 years or over; (b) resides in the United Kingdom; (c) knows the person attending the course; (d) is not related to the person attending the course; and (e) is the director or tutor of that course or the principal or head of that institution or an employee to whom this function is delegated by the head or principal. (3) The person attesting the application shall— (a) state his name and address; (b) state that he is aged 18 years or over, that he resides in the United Kingdom, that he knows the person attending the course and that he is not related to the person attending the course; (c) state the post he holds in the educational institution; (d) certify that the applicant's statements under sub-paragraph (1)(a) and (b) are true; (e) in a case where the applicant is the person attending the course, certify that the applicant's statement under sub-paragraph (1)(c) is true. (4) For the purposes of this paragraph one person is related to another if the person is the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the other.
10
- (1) Paragraph 8 (additional requirements for applications in respect of a particular election) is amended as follows.
- (2) In sub-paragraph (2)(d)—
- (a) for “any” substitute “ more than one ”; and
- (b) at the end insert “ or another election in Northern Ireland the poll for which is taking place on the same day ”.
- (3) In sub-paragraph (3)(e)—
- (a) for “any” substitute “ more than one ”; and
- (b) at the end insert “ or another election in Northern Ireland the poll for which is taking place on the same day ”.
- (4) In sub-paragraph (4)(a) omit “physically”.
- (5) In sub-paragraph (4)(c) after “by” insert “ a person who is registered in the register and who is ”.
- (6) For sub-paragraph (5)(a) substitute—
(a) his name and address, that he is treating the applicant in connection with the illness specified in sub-paragraph (4) or that the applicant is receiving care from him in respect of that illness, and the qualification by virtue of which he is authorised to attest it;
- (7) At the end of sub-paragraph (5)(a) omit “and”.
- (8) After sub-paragraph (5)(a) insert—
(aa) that he is registered in the register; and
- (9) In sub-paragraph (5)(b) omit “physical”.
- (10) In sub-paragraph (6)(d) after “by” insert “ a person who is registered in the register and who is ”.
- (11) For sub-paragraph (7)(a) substitute—
(a) his name and address, that he is treating the applicant in connection with the circumstances set out in sub-paragraph (1) or that the applicant is receiving care from him in respect of those circumstances, and the qualification by virtue of which he is authorised to attest it;
- (12) After sub-paragraph (7)(a) insert—
(aa) that he is registered in the register; (ab) that to the best of his knowledge and belief— (i) the applicant is suffering from the illness or other health-related matter specified in the application; (ii) that he will be or is likely to be so suffering on the date of the poll; and (iii) that in those circumstances he cannot reasonably be expected to vote in person at his allotted polling station; and
- (13) In paragraph 8(8)(d) omit “chief”.
11
In paragraph 11(6) (closing dates for applications) omit “, Maundy Thursday”.
12
- (1) Paragraph 12 (grant or refusal of applications) is amended as follows.
- (2) After sub-paragraph (1) insert—
(1A) Where the Chief Electoral Officer grants an application for the appointment of a proxy, he shall confirm in writing to the elector that the proxy has been appointed, his name and address, and the duration of the appointment. (1B) The proxy paper to be issued by the Chief Electoral Officer on the appointment of a proxy shall be in the form in the Appendix or a form to the like effect.
- (3) In sub-paragraph (2) after “decision” insert “ and, in the case of an application under paragraphs 1(1) or 4(4), of the reasons for it, ”.
13
- (1) Paragraph 15 (records and lists kept under paragraphs 1, 2 and 4) is amended as follows.
- (2) Omit sub-paragraphs (1) to (4) and (8).
- (3) For sub-paragraph (6) substitute—
(6) As soon as practicable after the sixth day before the day of the poll (calculated in accordance with paragraph 11(6)) the Chief Electoral Officer shall publish the lists kept under paragraphs 2(4) and 4(8) by making a copy of them available for inspection at his office during ordinary office hours.
- (4) For sub-paragraph (7) substitute—
(7) The Chief Electoral Officer shall, on request, supply free of charge a copy of the lists referred to in sub-paragraph (6) to each candidate or his election agent.
14
- (1) The Appendix is amended as follows.
- (2) After “Appendix” insert—
Arrangement of Forms (1) Form of Proxy Paper (2) Statements as to Postal Ballot Papers
- (3) The Form of proxy paper (“Form 1”) is numbered “1”.
- (4) At the end of the heading “Form of Proxy Paper” insert “ (Schedule 2, Part 1, Paragraph 3) ”.
- (5) For the words from “Your Right to Vote as Proxy” to the end of Form 1 substitute—
(1) This proxy paper gives you the right to vote as proxy on behalf of the elector whose name is given overleaf. However, you may not vote as proxy at the same election for more than two electors of whom you are not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild. (2) Your appointment as proxy may be for a particular election only, or it may be for an indefinite period. If it is for a particular election, you have the right to vote as proxy only at the election specified in the proxy paper. If it is for an indefinite period, you have in general the right to vote as proxy at any local election for which the elector is qualified to vote until the Chief Electoral Officer informs you to the contrary. (3) You may vote as proxy at the polling station allotted to the elector on whose behalf you are appointed. Shortly before polling day you will be sent a proxy poll card telling you where the polling station is. You do not need to take either the poll card or this proxy paper to the polling station but you may find it helpful to do so. (4) If you cannot vote in person at the polling station, you should contact the Help Line [Help Line Number] about your right to vote by post.
- (6) After Form 1 insert—
Part 3 — Amendments to Part 3 of Schedule 2 (Absent voting – issue and receipt of ballot papers)
15
Part 3 of Schedule 2 to the 1985 Order is amended as follows.
16
Omit the definition of “election rules” in paragraph 1 (interpretation).
17
In paragraph 2 (form of ballot paper) for “elections rules” substitute “ Local Elections Rules ”.
18
- (1) Paragraph 3 (persons entitled to be present at issue and receipt of postal ballot papers) is amended as follows.
- (2) In sub-paragraph (1) after paragraph (d) insert—
(e) persons who are entitled to be present at the proceedings on the issue or receipt of postal ballot papers by virtue of sections 6A, 6B, 6C or 6D of the Political Parties, Elections and Referendums Act 2000,
- (3) For sub-paragraph (2) substitute—
(2) Each candidate may appoint one or more agents to attend the proceedings on the issue or receipt of the postal ballot papers up to the number he may be authorised by the returning officer to appoint so however that the number authorised must be the same in the case of each candidate.
- (4) In sub-paragraph (3) after “notice” insert “ in writing ”.
19
- (1) Paragraph 6 (marking of postal ballot paper) is amended as follows.
- (2) For the heading substitute “ Procedure on issue of postal ballot paper ”.
- (3) In sub-paragraph (1) for the words preceding “and a mark” substitute “ The number of the elector as stated in the register shall be marked on the corresponding number list, next to the number and unique identifying mark of the ballot paper issued to the elector ”.
- (4) After sub-paragraph (3) insert—
(4) The address to which the postal ballot paper, declaration of identity and the envelopes referred to in paragraph 8 are to be sent is— (a) in the case of an elector, the address shown in the absent voters list; and (b) in the case of a proxy, the address shown in the special list kept under paragraph 4(8) of Part 1 of this Schedule.
20
- (1) Paragraph 8 (ballot paper envelope) is amended as follows.
- (2) In sub-paragraph (1)—
- (a) For “elections rules” substitute “ Local Elections Rules ”;
- (b) for “marked” substitute “ referred to as a ”; and
- (c) omit “bearing the number of the ballot paper”.
- (3) After sub-paragraph (1) insert—
(1A) The covering envelope shall be marked with the letter “B”. (1B) The ballot paper envelope shall be marked with— (a) the letter “A”; (b) the words “ballot paper envelope”; and (c) the number of the ballot paper, unless the envelope has a window through which the number on the ballot paper (or ballot papers) can be displayed.
- (4) After sub-paragraph (2) insert—
(2A) In paragraphs 17A and 17B, a reference to the number on a ballot paper envelope includes, in the case of an envelope of the kind referred to in paragraph (1B)(c), a reference to the number that is displayed through the window in that envelope.
21
For paragraph 9 substitute—
Delivery of postal ballot papers (9) (1) For the purpose of delivering postal ballot papers the returning officer may use— (a) a universal postal service provider; (b) a commercial delivery firm; or (c) clerks appointed under rule 23(1) of the Local Elections Rules. (2) Where the services of a universal postal service provider or commercial delivery firm are to be used envelopes addressed to postal voters must be counted and delivered by the returning officer with such form of receipt to be endorsed by that provider or firm as may be arranged. (3) Postage must be prepaid on the covering envelopes and, where the method of delivery specified in sub-paragraph (1)(a) or (b) is used, on envelopes addressed to the postal voters.
22
Paragraph 10 (provision of postal voters ballot box) is omitted.
23
For paragraph 11 substitute—
Sealing up of completed corresponding number lists and security of special lists (11) (1) As soon as practicable after the issue of each batch of postal ballot papers, the returning officer shall make up into a packet the completed corresponding number lists of those ballot papers which have been issued and shall seal such a packet. (2) As soon as practicable after the last batch of postal ballot papers has been issued the returning officer shall make up into a packet the marked copy of the absent voters list and the list of postal proxies and shall seal that packet. (3) Until the time referred to in paragraph (2) the returning officer shall take precautions for the security of the lists referred to in that paragraph.
24
- (1) Paragraph 12 (spoilt postal ballot paper) is amended as follows.
- (2) In sub-paragraph (1)—
- (a) after “the spoilt postal ballot paper” on the second occasion on which it appears insert “ and ”; and
- (b) omit the words “the ballot paper envelope and the covering envelope”.
- (3) In sub-paragraph (2) for “unless the documents are received too late for another postal ballot paper to be returned before the close of the poll” substitute “ except where those documents are received after 5 p.m. on the day before the day of the poll ”.
- (4) In sub-paragraph (3)—
- (a) after “the spoilt postal ballot paper” insert “ and ”; and
- (b) omit the words “and the ballot paper envelope”.
- (5) After sub-paragraph (4) insert—
(5) Where a postal voter applies in person, the returning officer may hand a replacement postal ballot paper to him instead of delivering it in accordance with paragraph 9. (6) The returning officer shall enter in a list kept for the purpose (“the list of spoilt ballot papers”)— (a) the name and address of the elector as stated in the register; (b) the number of any postal ballot paper issued under this paragraph; and (c) where the postal voter whose ballot paper is spoilt is a proxy, his name and address.
25
In paragraph 14(4) (postal ballot boxes and receptacles) after “the ballot box” insert “ , if it has a lock, ”.
26
In paragraph 16(3) (opening of postal voters' ballot box) for “elections rules” substitute “ Local Elections Rules ”.
27
In paragraph 17 (opening of covering envelopes) after sub-paragraph (4) insert—
(5) Where an envelope opened in accordance with sub-paragraph (1) contains a declaration of identity, the returning officer must, having first unsealed the relevant packet, place a mark in the marked copy of the absent voters list or the proxy postal voters list in a place corresponding to the number of the elector to denote that a postal vote has been returned. (6) A mark made under sub-paragraph (5) must be distinguishable from and must not obscure the mark made under paragraph 6(1). (7) As soon as practicable after the last covering envelope has been opened, the returning officer must make up into a packet the copy of the absent voters list and the copy of the proxy postal voters list that have been marked in accordance with sub-paragraph (5) and must seal that packet.
28
- (1) Paragraph 17A (procedure in relation to declarations of identity) is amended as follows.
- (2) In sub-paragraph (1)(b) for “elections rules” substitute “ Local Elections Rules ”.
- (3) In sub-paragraph (6)(b) after “on it” insert “ and the number is not displayed through a window in it ”.
29
In paragraph 17C (sealing of receptacles) for “possible” substitute “ practicable ”.
30
- (1) Paragraph 19 (disposal of documents) is amended as follows.
- (2) In sub-paragraph (1) for “any packets referred to in paragraphs 11, 12 and 17C” substitute—
, at the same time as he forwards the documents mentioned in rule 58 of the Local Elections Rules— (a) any packets referred to in paragraphs 11, 12 and 17C, endorsing on each packet a description of its contents, the date of the election to which it relates and the name of the local government electoral area for which the election was held; and (b) a completed statement in Form 2 in the Appendix to Part 1, or in a form which has substantially the same effect.
- (3) In sub-paragraph (3) for “elections rules” substitute “ Local Elections Rules ”.
SCHEDULE 3 — ACCESS TO MARKED REGISTERS AND OTHER DOCUMENTS OPEN TO PUBLIC INSPECTION AFTER AN ELECTION
Interpretation and general
1
- (1) In this Schedule—
- “1985 Order” means the Local Elections (Northern Ireland) Order 1985 ;
- “2008 Regulations” means the Representation of the People (Northern Ireland) Regulations 2008 ;
- “Article 84A GDPR purposes” means the purposes mentioned in Article 84A(1) of the UK GDPR (archiving in the public interest, scientific or historical research and statistics);
- “Chief Electoral Officer” means the Chief Electoral Officer for Northern Ireland;
- “edited register” has the same meaning as in regulation 93 of the 2008 Regulations;
- “enactment” has the same meaning as in section 17(2) of the Representation of the People Act 2000 ;
- “the full register” means the register published under section 13(1) or (3) of the Representation of the People Act 1983 ;
- ...
- “Local Elections Rules” means the Rules contained in Schedule 5 to the Electoral Law Act (Northern Ireland) 1962;
- “the marked register or lists” means any of the marked copies of the full register, marked copy notices under section 13BA(9) of the Representation of the People Act 1983, list of proxies, absent voters list and proxy postal voters list retained by the proper officer, under rule 60 of the Local Elections Rules or paragraph 19 of Part 3 of Schedule 2 to the 1985 Order;
- “processor” means any person who provides a service which consists of putting information in data form or processing information in data form and any reference to a processor includes a reference to that processor's employees;
- “proper officer” means the person referred to as the proper officer of the council in rules 59 and 60 of the Local Elections Rules; and
- ...
- “the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act);
- (2) In this Part, any reference to an employee of any person who has access to a copy of the full register is deemed to include a person working or providing services for the purposes of that person or employed by or on behalf of, or working for, any person who is so working or who is supplying such a service.
- (3) The processor may not disclose the full register or the information contained in it except to the person who supplied it to the processor or an employee of that person or a person who is entitled to obtain a copy of the full register under the 2008 Regulations or any employee of such a person.
- (4) In computing a period of days for the purposes of this Schedule, Saturday, Sunday, Christmas Eve, Christmas Day, Good Friday or a bank holiday is to be disregarded.
- (5) In paragraph (4) “bank holiday” means a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in Northern Ireland.
- (6) Any duty on the proper officer to supply records or lists or make them available for inspection under this Schedule imposes only a duty to provide that information in the form in which the proper officer holds it.
Supply of the marked register or lists after a local election
2
- (1) Any person entitled to be supplied in accordance with regulation 99, 102, 103, 104, 105, 106, 107 or 111 of the 2008 Regulations with copies of the full register at a local election is also a person entitled, subject to this paragraph and paragraph 5, to request that the proper officer supplies copies of the relevant part of the marked register or lists a proper officer is required to keep.
- (2) A person whose entitlement to request copies of the marked register or lists under paragraph (1) arises from being in a category of persons to whom regulation 102, 103, 104, 105, or 106 applies before a particular local election, is entitled to request those documents regardless of whether, after that election, he or she remains in a category of persons who are entitled under those provisions.
- (3) A request under sub-paragraph (1) must be made in writing and must—
- (a) specify which of the marked register or lists (or the relevant part of the register or lists) are requested;
- (b) state whether a printed copy is requested or a copy in data form; and
- (c) state the purpose for which the marked register or lists will be used and why the supply or purchase of a copy of the full register or unmarked lists would not be sufficient to achieve that purpose.
- (4) The proper officer must forward the request to the Chief Electoral Officer so the Chief Electoral Officer can make the determination required by sub-paragraph (5)(a).
- (5) The proper officer must supply a copy of the relevant part of the marked register or lists where a request is duly made, and—
- (a) the Chief Electoral Officer is satisfied that the requestor needs to see the marks on the marked register or lists in order to achieve the purpose for which they are requested; and
- (b) the proper officer has received payment of a fee calculated in accordance with paragraph 6.
- (6) If the Chief Electoral Officer is not satisfied in accordance with sub-paragraph (5)(a) the Chief Electoral Officer may treat the request for a copy of the marked register or lists as a request for information in unmarked lists under paragraph 15 of Part 1 of Schedule 2 to the 1985 Order or for the published copy of the full register in accordance with regulation 110 of the 2008 Regulations, or both and the proper officer must inform the requestor of the Chief Electoral Officer's determination in this regard.
- (7) A person who obtains a copy of any part of the marked register or lists under this paragraph may only use it for the permitted purpose specified in paragraph 5(3), and any restrictions on the supply, disclosure and use of information—
- (a) referred to in paragraph 5(2), or
- (b) which would apply to the use of the full register under whichever of regulations 99, 102, 103, 104,105, 106, 107 or 111 of the 2008 Regulations entitled that person to obtain that document,
apply to such use.
- (8) Any person who has obtained or is entitled to obtain a copy of the marked register or lists under this paragraph may—
- (a) supply a copy of the marked register or lists to a processor for the purpose of processing the information contained therein, or
- (b) procure that a processor processes and supplies to them any copy of the information in the marked register or lists which the processor has obtained under this paragraph,
for use in respect of the purposes for which that person is entitled to obtain such copy or information (as the case may be).
- (9) For the purposes of this paragraph the relevant part of the marked register or lists is—
- (a) where the person is entitled under the 2008 Regulations to the whole of the full register, the whole of the marked register or lists;
- (b) where the person is entitled under the 2008 Regulations to so much of the full register as relates to a particular area, so much of the marked register or lists as relates to that area.
Public inspection of the marked register or lists
3
- (1) Any person is entitled to request that the proper officer make available for inspection a copy of the marked register or lists.
- (2) A request under sub-paragraph (1) must be made in writing and must specify—
- (a) which of the marked register or lists are requested,
- (b) the purpose for which the information will be used,
- (c) any reason why inspecting the full register or unmarked notices or lists would not be sufficient to achieve that purpose,
- (d) who will inspect the register or lists,
- (e) the date on which they wish to inspect the register or lists, and
- (f) whether they would prefer to inspect the register or lists in printed or data form.
- (3) The proper officer must forward the request to the Chief Electoral Officer so the Chief Electoral Officer can make the determination required by sub-paragraph (4).
- (4) Where the Chief Electoral Officer is satisfied that the purposes of the requestor cannot be met by inspection of the full register or unmarked notices or lists the proper officer must make the marked register or lists available for inspection in accordance with the following provisions of this paragraph.
- (5) Where the Chief Electoral Officer is not so satisfied, the proper officer must inform the requestor—
- (a) of this decision, and
- (b) provide the requestor with information concerning the availability of the published full register for inspection in accordance with regulation 52 of the 2008 Regulations or the unmarked lists in accordance with paragraph 15 of Schedule 2 to the 1985 Order .
- (6) Subject to sub-paragraph (7) the inspection referred to in sub-paragraph (4) must take place under supervision during ordinary office hours and not later than 15 days after the date of receipt of a request that has been duly made under sub-paragraph (2).
- (7) If the date on which the requestor wishes to inspect the marked register or lists is a day more than 15 days after the date of the receipt of the request, the proper officer must make the marked register or lists open to inspection on that date or, if that is a day disregarded by virtue of paragraph 1(4), the next day that is not so disregarded.
- (8) A person who obtains information under this paragraph may use it only for the permitted purposes specified in paragraph 5, and any restrictions on the supply, disclosure and use of information referred to in that paragraph or sub-paragraph (8) below apply to such use.
- (9) Where inspection takes place by providing the records on a computer screen or otherwise in data form, the proper officer must ensure the manner in which, and the equipment on which, that copy is provided do not permit any person consulting that copy to—
- (a) search it by electronic means by reference to the name of any person; or
- (b) copy or transmit any part of that copy by electronic or any other means.
- (10) A person who inspects a copy of a register, notice or list may make hand-written notes but may not otherwise make copies of any part of them.
Public inspection of other documents
4
- (1) Any person is entitled to request that the proper officer make available for inspection a copy of any of the documents (referred to in this paragraph and paragraph 5 as the “documents open to public inspection”) which the proper officer is required to retain under rule 60 of the Local Elections Rules except—
- (a) ballot papers,
- (b) completed corresponding number lists, ...
- (c) certificates of employment on the day of the election, and
- (d) lists compiled in accordance with paragraph 15H(1) of Part 3 of Schedule 2 to the 1985 Order and any extracts produced from those lists.
- (2) A request under sub-paragraph (1) must be made in writing and must specify—
- (a) which documents are requested,
- (b) the purpose for which the information in any document will be used,
- (c) who will inspect the documents,
- (d) the date on which they wish to inspect the documents, and
- (e) whether they would prefer to inspect the documents in printed or data form.
- (3) Subject to sub-paragraph (4) the proper officer must make the documents open to public inspection available for inspection under supervision not later than 15 days after the date of receipt of a request that has been duly made under sub-paragraph (2).
- (4) If the date on which the requestor wishes to inspect the documents is a day more than 15 days after the date of the receipt of the request, the proper officer must make the documents open to inspection on that date or, if that is a day disregarded by virtue of paragraph 1(4), the next day that is not so disregarded.
- (5) A person who obtains a copy of or information in any document open to public inspection under this rule may use it only for the permitted purposes specified in paragraph 5, and any restrictions on the supply, disclosure and use of information—
- (a) referred to in paragraph (5)(2),
- (b) referred to in sub-paragraph (7) below, or
- (c) which would apply to the use of the full register under regulation 107 of the 2008 Regulations where such a person has obtained a copy of that document under sub-paragraph (8) below,
apply to such use.
- (6) Where inspection takes place by providing the records on a computer screen or otherwise in data form, the proper officer must ensure the manner in which, and the equipment on which, that copy is provided do not permit any person consulting that copy to—
- (a) search it by electronic means by reference to the name of any person; or
- (b) copy or transmit any part of that copy by electronic or any other means.
- (7) Subject to sub-paragraph (8), a person who inspects a copy of a document open to public inspection, whether in printed copy or in data form, may not—
- (a) make copies of any part of it, or
- (b) record any particulars in it.
- (8) The proper officer must, on request, supply free of charge copies of any documents open to public inspection to a person who has inspected those documents and who is entitled to be supplied with a copy of the marked register or lists by virtue of being a person to whom regulation 107 of the 2008 Regulations applies.
Restrictions on the use, supply and disclosure of documents open to public inspection
5
- (1) In this paragraph “the documents open to public inspection” also includes the marked register or lists open to inspection under paragraph 3.
- (2) Subject to sub-paragraphs (3) and (4), the restrictions on the supply, disclosure and use of information in regulations 94 and 95 of the 2008 Regulations—
- (a) apply to the documents open to public inspection as they apply to the full register; and
- (b) as if the reference in regulation 94 to the Chief Electoral Officer (save for that in paragraph (2)) includes a reference to the proper officer.
- (3) Where a person—
- (a) obtains copies of information in the marked register or lists in accordance with paragraph 2(1), or
- (b) inspects information in accordance with paragraph 3(1) or paragraph 4(1),
the permitted purpose means either Article 84A GDPR purposes or electoral purposes.
- (4) Where a copy of any information was supplied in the circumstances to which paragraph 4(8) applies, the permitted purpose means the purposes set out in regulation 107(3) of the 2008 Regulations.
Fees relating to the marked register or lists
6
- (1) The fee to be paid in accordance with paragraph 2(5) by a person making a request for a copy of the whole or of any part of the marked register or lists is set out in sub-paragraph (2).
- (2) The fee is—
- (a) where the copy is in printed form, the sum of £10 plus £5 for each 1000 entries (or remaining part of 1000 entries) in the register or lists; and
- (b) where the copy is in data form, the sum of £20 plus £1.50 for each 1000 entries (or remaining part of 1000 entries) in the register or lists.
- (3) For the purposes of this paragraph, a request for a copy of the whole or the same part of the marked register or lists in both a printed and data form may be treated as two separate requests.
Access to the marked register or lists and other election documents: failure to comply with restrictions
7
- (1) A person is guilty of an offence—
- (a) if he or she fails to comply with any of the restrictions imposed under paragraph 5; or
- (b) is an appropriate supervisor of a person (P) who fails to comply with any such restriction and he or she failed to take appropriate steps.
- (2) P is not guilty of an offence under sub-paragraph (1) if—
- (a) P has an appropriate supervisor, and
- (b) P has complied with all the requirements imposed on him or her by his or her appropriate supervisor.
- (3) A person who is not P or an appropriate supervisor is not guilty of an offence under sub-paragraph (1) if that person takes all reasonable steps to ensure that he or she complies with the restrictions.
- (4) In sub-paragraphs (1)(b) and (2)—
- (a) an appropriate supervisor is a person who is a director of a company or concerned in the management of an organisation in which P is employed or under whose direction or control P is;
- (b) appropriate steps are such steps as it was reasonable for the appropriate supervisor to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of failure to comply with the restrictions.
- (5) A person guilty of an offence as mentioned in sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Signed
Judith Simpson — Clerk of the Privy Council
Explanatory note
(This note is not part of the Order)
Footnotes
[^f00001]: 2000 c. 41; amendments have been made to section 7 of this Act but those amendments are not relevant to this Order.
[^f00002]: 1998 c. 47; section 84 was amended by section 34(1) of the Elections Act 2001 (c. 7).
[^f00003]: 1962 c.14 (N.I.); section 11(5) was amended by S.I. 1992/810 (N.I.6).
[^f00004]: 1962 c. 14 (N.I.); relevant amendments are referenced in this Order.
[^f00005]: Schedule 5 was substituted in its entirety by S.I. 1985/454; the local elections rules have been amended on numerous occasions since then and relevant amendments are referenced in this Order.
[^f00006]: S.I. 1985/454; this Order has been amended by S.I. 1987/168; S.I. 1990/595; S.I. 1991/1715; S.I. 1992/809; S.I. 1997/867; S.I. 1998/3150; paragraph 31 of the Schedule to the Elections Act 2001 (c. 7) (a non-textual amendment); S.I. 2002/2835; and S.I. 2005/1969.
[^f00007]: 1954 c. 33 (N.I.).
[^f00008]: Section 11(1) was amended by S.I. 2009/225.
[^f00009]: 2001 c. 7.
[^f00010]: S.I. 1989/1341 (N.I. 12).
[^f00011]: S.I. 2009/225.
[^f00012]: Section 14 was substituted, and sections 14A and 14B inserted, by S.I. 1972/1264 (N.I. 13). Functions conferred on the Governor, Minister and the Ministry of Finance were transferred in accordance with S.I. 1973/2163. Section 14 was subsequently amended by the Northern Ireland Assembly Disqualification Act 1975 (c. 25), the Elected Authorities (Northern Ireland) Act 1989 (c. 3) (“the 1989 Act”) and the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33); section 14A was subsequently amended by S.I. 1985/454 and the 1989 Act; and section 14B was amended by the 1989 Act.
[^f00013]: S.I. 1972/1264 (N.I. 13).
[^f00014]: Section 34(4) was amended by S.I. 1987/168.
[^f00015]: Section 37 was amended by S.I. 1972/1264 (N.I.15) and S.I. 1987/168.
[^f00016]: Section 39 was amended by S.I. 1972/1264 (N.I.15) and S.I. 1987/168.
[^f00017]: Section 40 was amended by S.I. 1972/1264 (N.I.13).
[^f00018]: Section 43 was amended by S.I. 1972/1264 and S.I. 1987/168.
[^f00019]: Sections 52A and 52B are inserted by this Order.
[^f00020]: Section 41 was amended by S.I. 1972/1264 (N.I.13); S.I. 1986/168; and S.I. 2001/417.
[^f00021]: 1990 c. 42; amendments have been made to this Act but they are not relevant to this Order.
[^f00022]: 1996 c. 55; amendments have been made to this Act but they are not relevant to this Order.
[^f00023]: Section 46 was amended by S.I. 1972/1264 (N.I. 13) and S.I. 1987/168.
[^f00024]: Section 47(4) was inserted by S.I. 1987/168.
[^f00025]: The sum in section 52 was converted by virtue of the Decimal Currency Act 1969 (c.19); the section was amended by S.I. 1985/454 and S.I. 1987/168.
[^f00026]: Section 53 was extended to apply to local elections by S.I. 1977/428. It was amended by S.I. 1985/454 and S.I. 2001/1149.
[^f00027]: Section 57 was amended by S.I. 1972/1264 (N.I. 13).
[^f00028]: Schedule 3 was repealed by the Elected Authorities (Northern Ireland) Act 1989 (c.3).
[^f00029]: 2000 c. 41. Relevant amendments to this Act were made by Schedules 6 and 7 of the Political Parties and Elections Act 2009 (c. 12).
[^f00030]: Section 56 was amended by S.I. 2007/2501 and section 9 of the Political Parties and Elections Act 2009 (c. 12).
[^f00031]: Section 54 was amended by S.I. 2001/1184; S.I. 2004/366; S.I. 2007/2501; S.I. 2009/185; S.I. 2009/1941; and sections 9, 10, 20 and 39 of the Political Parties and Elections Act 2009 (c. 12) (some of which amendments are not yet in force).
[^f00032]: Section 162 was amended by S.I. 2004/366.
[^f00033]: 2000 c. 41; section 56 was amended by S.I. 2007/2501 and sections 9, 10, 12 and 39 of, and Schedule 6 to, the Political Parties and Elections Act 2009 (c. 12), although not all the amendments made by that Act are yet in force; section 57A was inserted by S.I. 2004/366 and repealed by S.I. 2009/185; and sections 58, 59 and 60 were amended by S.I. 2004/366.
[^f00034]: 2000 c. 41; paragraph 2 of Schedule 6 was amended by S.I. 2004/366; S.I. 2007/2501; and S.I. 2009/185.
[^f00035]: 1990 c. 42; amendments have been made to this Act but they are not relevant to this Order.
[^f00036]: 1996 c. 55; amendments have been made to this Act but they are not relevant to this Order.
[^f00037]: Form 4 was amended by S.I. 1972/1264 (N.I.13) and S.I. 1985/454; form 5 was amended by S.I. 1985/45 and S.I. 1987/168; forms 1, 6, 7, 8, 9, 10, 11, 12, 14, 18, 19, 20 and 21 have been repealed and forms 13, 15, 16 and 17 are spent.
[^f00038]: Section 96(1) was amended by S.I. 1972/538 (N.I.1) and the Justice (Northern Ireland) Act 2002 (c.26); subsections (3) and (4) were substituted, and subsection (3A) inserted, by S.I.2001/417; subsection (5) was inserted by S.I. 1987/168.
[^f00039]: Section 105(1) was amended by S.I. 1981/1675 (N.I.26); subsection (8) was inserted by S.I. 1987/168.
[^f00040]: Section 107(1A) was inserted by S.I. 1987/168.
[^f00041]: Section 108(1) and (2) was amended by 1984/703 (N.I.3); subsection (2) was also amended by S.I. 1985/454; subsection (4) was inserted by S.I. 1987/168.
[^f00042]: Section 111(1) was amended by S.I. 1984/703 (N.I.13); subsections (2) and (3) were amended by S.I. 1972/1264 (N.I.13); subsection (2A) was inserted, and subsection (3) amended, by S.I. 1987/168.
[^f00043]: Section 112(1) was amended, and subsections (1A) to (1H) inserted, by S.I. 2001/417.
[^f00044]: Paragraph 5A was inserted by S.I. 2001/417.
[^f00045]: Paragraph 12A was inserted by S.I. 1985/454 and substituted by S.I. 1987/168.
[^f00046]: Paragraph 25 was amended by Schedule 3 to the Elected Authorities (Northern Ireland) Act 1989 (c.3).
[^f00047]: Paragraph 32A was inserted by S.I. 1987/168.
[^f00048]: The references to the Northern Ireland Parliament in section 122 were substituted with references to the Northern Ireland Assembly by S.I. 1973/2163.
[^f00049]: Section 129 was amended by S.I. 1987/168.
[^f00050]: Section 130 was amended by the Electoral Law Act (Northern Ireland) 1968 (c.20) (N.I.); the Electoral Law Act (Northern Ireland) 1969 (c.26) (N.I.); S.I. 1972/1264 (N.I. 13); S.I. 1985/454; S.I. 1987/168; Schedule 3 to the Elected Authorities (Northern Ireland) Act 1989 (c. 3); S.I. 1995/1948; S.I. 2001/417; and, in relation to the definition of “Minister” and “Ministry”, the functions of the Minister and Ministry of Home Affairs were transferred to the Secretary of State by S.I. 1973/2163.
[^f00051]: 2000 c. 26; section 4 of that Act makes provision for the meaning of universal service provider.
[^f00052]: Schedule 5 to the 1962 Act was substituted in its entirety by S.I. 1985/454; relevant amendments to those rules as substituted are referenced in the appropriate places in this Order.
[^f00053]: Rule 5 was amended by S.I. 2001/417 and S.I. 2010/1178.
[^f00054]: Rule 9(4) was inserted by paragraph 56 of Schedule 1 to the Electoral Administration Act 2006 (c.22).
[^f00055]: Paragraphs (3) and (4) were amended, and paragraph (3A) inserted, by S.I. 2001/417; paragraph (3A) was amended by S.I. 2010/1178.
[^f00056]: Rule 16 was amended by S.I. 1987/168; paragraph 59 of Schedule 1 to the Electoral Administration Act 2006 (c.22); and is modified in the case of a combined election by paragraph 15 of the Schedule to the Elections Act 2001 (c.7).
[^f00057]: Rule 5A was inserted by S.I. 2001/417 and amended by S.I. 2010/1178.
[^f00058]: 2000 c.41.
[^f00059]: Section 15 was amended by section 3 of the European Communities (Amendment) Act 1986 (c.58) and section 3 of the Elections Act 2001 (c.7); other amendments made to section 15 are not relevant to this Order.
[^f00060]: Rule 20 has been amended in the case of a combined election by paragraph 16 of the Schedule to the Elections Act 2001 (c.7).
[^f00061]: Rule 21 was amended by S.I. 1987/168 and, in the case of a combined election, by paragraph 17 of the Schedule to the Elections Act 2001 (c.7).
[^f00062]: Rule 25 was amended by S.I. 1987/168 and, in the case of a combined election, by paragraph 18 of the Schedule to the Elections Act 2001 (c.7).
[^f00063]: Rule 26 was amended by S.I. 2001/417 and, in the case of a combined election, by paragraph 19 of the Schedule to the Elections Act 2001 (c.7).
[^f00064]: 1985 c. 50; section 15 was amended by section 3 of the European Communities (Amendment) Act 1986 (c. 3) and section 3 of the Elections Act 2001 (c. 7). Other amendments made to this section are not relevant to this Order.
[^f00065]: Rule 28 was substituted by S.I. 1987/168.
[^f00066]: Rule 32 was amended by S.I. 2002/2835 and the Electoral Administration Act 2006 (c.22). It has been modified in the case of a combined election by paragraph 20 of the Schedule to the Elections Act 2001 (c.7) (“the 2001 Act”).
[^f00067]: Section 13BA was inserted by section 6 of the Northern Ireland (Miscellaneous Provisions) Act 2006 (c.33).
[^f00068]: Rule 34 was amended by S.I. 1995/1948; S.I. 2002/2835; S.I. 2003/1245; and paragraph 1 of Schedule 4 to the Northern Ireland (Miscellaneous Provisions) Act 2006. It has been modified in the case of a combined election by paragraph 21 of the Schedule to the 2001 Act.
[^f00069]: 1972 c.20. This Act was repealed by the Road Traffic (Consequential Provisions) Act 1988 (c.54).
[^f00070]: 1988 c.52.
[^f00071]: S.I. 1981/154.
[^f00072]: Rule 41 was amended by S.I. 2001/417; the Electoral Administration Act 2006 (c.22); and the Northern Ireland (Miscellaneous Provisions) Act 2006 (c.33). It has also been modified in the case of a combined election by paragraph 25 of the Schedule to the Elections Act 2001 (c.7).
[^f00073]: Rule 45 was amended by S.I. 2002/2835.
[^f00074]: Rules 57 and 58 were both amended by paragraph 1 of Schedule 4 to the Northern Ireland (Miscellaneous Provisions) Act 2006 (c.33); and prior to that rule 58 had been amended by S.I. 2001/417.
[^f00075]: Rule 61 has been modified in the case of a combined election by paragraph 28 of the Schedule to the Elections Act 2001 (c.7).
[^f00076]: Rule 2 was amended by S.I. 1987/168 and paragraph 48 of Schedule 1 to the Electoral Administration Act 2006 (c.22).
[^f00077]: 2000 c.41.
[^f00078]: The Notes to form 1 were amended by S.I. 2001/417.
[^f00079]: Form 2 in the Appendix of Forms was amended by S.I.1995/1948 and by section 3 of, and Schedule 2 to, the Elected Authorities (Northern Ireland) Act 1989 (c.3).
[^f00080]: Form 4 was amended by S.I. 2001/417 and paragraph 61 of Schedule 1 to the Electoral Administration Act 2006 (c.22).
[^f00081]: Form 5 in the Appendix of Forms was amended by S.I.1990/595 and paragraph 61 of Schedule 1 to the Electoral Administration Act 2006 (c.22).
[^f00082]: Form 5A was inserted for the purposes of a combined election by paragraph 29 of the Schedule to the Elections Act 2001 (c. 7).
[^f00083]: Form 6 (Back of Card) in the Appendix of Forms was amended by S.I. 1991/1715.
[^f00084]: Form 8 was amended by paragraph 61 of Schedule 1 to the Electoral Administration Act 2006 (c.22).
[^f00085]: Form 9 was amended by S.I. 1987/168 and S.I. 2001/417.
[^f00086]: S.I. 1985/454; Article 6 was amended by S.I. 1987/168.
[^f00087]: 1983 c.2; section 7 was substituted by section 4 of Representation of the People Act 2000 (c.2). Section 7(3)(aa) was inserted by section 12(1) of the Electoral Administration Act 2006 (c.22).
[^f00088]: Part 1 of Schedule 2 was substituted by article 5(5) of S.I. 1987/168. Paragraph 6 of Part 1 of Schedule 2 was amended by S.I. 1992/809.
[^f00089]: S.I. 2002/253.
[^f00090]: 2001 c. 3 (NI); section 3 has been amended by S.I. 2007/3101.
[^f00091]: 1992 c. 7 (NI).
[^f00092]: 2000 c. 41; section 6(3)(a) and (b) were amended by S.I. 2007/1388; sections 6A-F were inserted by section 29 of the Electoral Administration Act 2006 (c.22); section 6A(5)(d) was amended by S.I. 2007/1388.
[^f00093]: Paragraphs 13 to 17C were substituted by S.I. 2002/2835.
[^f00094]: Paragraph 19 was amended by S.I. 2002/2835.
[^f00095]: S.I. 1985/454; Schedule 2 to the 1985 Order is amended by Schedule 2 to this Order.
[^f00096]: S.I. 2008/1741; these Regulations were amended by S.I. 2010/278.
[^f00097]: S.I. 2000 c.2 (“the 2000 Act”)
[^f00098]: 1983 c.2; section 13 was substituted by section 8 of, and Schedule 1 to, the 2000 Act; subsection (1) was subsequently substituted by section 5 of the Northern Ireland (Miscellaneous Provisions) Act 2006 (c.33); and section 13BA was inserted by section 6 of that Act.
[^f00099]: 1998 c. 29.
[^f00100]: 1971 c.80.
[^f00101]: Paragraph 15 is amended by paragraph 13 of Schedule 2 to this Order.
Editorial notes
[^c20634781]: 2000 c. 41; amendments have been made to section 7 of this Act but those amendments are not relevant to this Order.
[^c20634791]: 1998 c. 47; section 84 was amended by section 34(1) of the Elections Act 2001 (c. 7).
[^c20634801]: 1962 c.14 (N.I.); section 11(5) was amended by S.I. 1992/810 (N.I.6).
[^c20634811]: 1962 c. 14 (N.I.); relevant amendments are referenced in this Order.
[^c20634821]: Schedule 5 was substituted in its entirety by S.I. 1985/454; the local elections rules have been amended on numerous occasions since then and relevant amendments are referenced in this Order.
[^c20634831]: S.I. 1985/454; this Order has been amended by S.I. 1987/168; S.I. 1990/595; S.I. 1991/1715; S.I. 1992/809; S.I. 1997/867; S.I. 1998/3150; paragraph 31 of the Schedule to the Elections Act 2001 (c. 7) (a non-textual amendment); S.I. 2002/2835; and S.I. 2005/1969.
[^c20634841]: 1954 c. 33 (N.I.).
[^c20634851]: Section 11(1) was amended by S.I. 2009/225.
[^c20634861]: 2001 c. 7.
[^c20634871]: S.I. 1989/1341 (N.I. 12).
[^c20634881]: S.I. 2009/225.
[^c20634891]: Section 14 was substituted, and sections 14A and 14B inserted, by S.I. 1972/1264 (N.I. 13). Functions conferred on the Governor, Minister and the Ministry of Finance were transferred in accordance with S.I. 1973/2163. Section 14 was subsequently amended by the Northern Ireland Assembly Disqualification Act 1975 (c. 25), the Elected Authorities (Northern Ireland) Act 1989 (c. 3) (“the 1989 Act”) and the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33); section 14A was subsequently amended by S.I. 1985/454 and the 1989 Act; and section 14B was amended by the 1989 Act.
[^c20634901]: S.I. 1972/1264 (N.I. 13).
[^c20634911]: Section 34(4) was amended by S.I. 1987/168.
[^c20634921]: Section 37 was amended by S.I. 1972/1264 (N.I.15) and S.I. 1987/168.
[^c20634931]: Section 39 was amended by S.I. 1972/1264 (N.I.15) and S.I. 1987/168.
[^c20634941]: Section 40 was amended by S.I. 1972/1264 (N.I.13).
[^c20634951]: Section 43 was amended by S.I. 1972/1264 and S.I. 1987/168.
[^c20634961]: Sections 52A and 52B are inserted by this Order.
[^c20634971]: Section 41 was amended by S.I. 1972/1264 (N.I.13); S.I. 1986/168; and S.I. 2001/417.
[^c20634981]: 1990 c. 42; amendments have been made to this Act but they are not relevant to this Order.
[^c20634991]: 1996 c. 55; amendments have been made to this Act but they are not relevant to this Order.
[^c20635001]: Section 46 was amended by S.I. 1972/1264 (N.I. 13) and S.I. 1987/168.
[^c20635011]: Section 47(4) was inserted by S.I. 1987/168.
[^c20635021]: The sum in section 52 was converted by virtue of the Decimal Currency Act 1969 (c.19); the section was amended by S.I. 1985/454 and S.I. 1987/168.
[^c20635031]: Section 53 was extended to apply to local elections by S.I. 1977/428. It was amended by S.I. 1985/454 and S.I. 2001/1149.
[^c20635041]: Section 57 was amended by S.I. 1972/1264 (N.I. 13).
[^c20635051]: Schedule 3 was repealed by the Elected Authorities (Northern Ireland) Act 1989 (c.3).
[^c20635061]: 2000 c. 41. Relevant amendments to this Act were made by Schedules 6 and 7 of the Political Parties and Elections Act 2009 (c. 12).
[^c20635071]: Section 56 was amended by S.I. 2007/2501 and section 9 of the Political Parties and Elections Act 2009 (c. 12).
[^c20635081]: Section 54 was amended by S.I. 2001/1184; S.I. 2004/366; S.I. 2007/2501; S.I. 2009/185; S.I. 2009/1941; and sections 9, 10, 20 and 39 of the Political Parties and Elections Act 2009 (c. 12) (some of which amendments are not yet in force).
[^c20635091]: Section 162 was amended by S.I. 2004/366.
[^c20635101]: 2000 c. 41; section 56 was amended by S.I. 2007/2501 and sections 9, 10, 12 and 39 of, and Schedule 6 to, the Political Parties and Elections Act 2009 (c. 12), although not all the amendments made by that Act are yet in force; section 57A was inserted by S.I. 2004/366 and repealed by S.I. 2009/185; and sections 58, 59 and 60 were amended by S.I. 2004/366.
[^c20635111]: 2000 c. 41; paragraph 2 of Schedule 6 was amended by S.I. 2004/366; S.I. 2007/2501; and S.I. 2009/185.
[^c20635121]: 1990 c. 42; amendments have been made to this Act but they are not relevant to this Order.
[^c20635131]: 1996 c. 55; amendments have been made to this Act but they are not relevant to this Order.
[^c20635141]: Form 4 was amended by S.I. 1972/1264 (N.I.13) and S.I. 1985/454; form 5 was amended by S.I. 1985/45 and S.I. 1987/168; forms 1, 6, 7, 8, 9, 10, 11, 12, 14, 18, 19, 20 and 21 have been repealed and forms 13, 15, 16 and 17 are spent.
[^c20635151]: Section 96(1) was amended by S.I. 1972/538 (N.I.1) and the Justice (Northern Ireland) Act 2002 (c.26); subsections (3) and (4) were substituted, and subsection (3A) inserted, by S.I.2001/417; subsection (5) was inserted by S.I. 1987/168.
[^c20635161]: Section 105(1) was amended by S.I. 1981/1675 (N.I.26); subsection (8) was inserted by S.I. 1987/168.
[^c20635171]: Section 107(1A) was inserted by S.I. 1987/168.
[^c20635181]: Section 108(1) and (2) was amended by 1984/703 (N.I.3); subsection (2) was also amended by S.I. 1985/454; subsection (4) was inserted by S.I. 1987/168.
[^c20635191]: Section 111(1) was amended by S.I. 1984/703 (N.I.13); subsections (2) and (3) were amended by S.I. 1972/1264 (N.I.13); subsection (2A) was inserted, and subsection (3) amended, by S.I. 1987/168.
[^c20635201]: Section 112(1) was amended, and subsections (1A) to (1H) inserted, by S.I. 2001/417.
[^c20635211]: Paragraph 5A was inserted by S.I. 2001/417.
[^c20635221]: Paragraph 12A was inserted by S.I. 1985/454 and substituted by S.I. 1987/168.
[^c20635231]: Paragraph 25 was amended by Schedule 3 to the Elected Authorities (Northern Ireland) Act 1989 (c.3).
[^c20635241]: Paragraph 32A was inserted by S.I. 1987/168.
[^c20635251]: The references to the Northern Ireland Parliament in section 122 were substituted with references to the Northern Ireland Assembly by S.I. 1973/2163.
[^c20635261]: Section 129 was amended by S.I. 1987/168.
[^c20635271]: Section 130 was amended by the Electoral Law Act (Northern Ireland) 1968 (c.20) (N.I.); the Electoral Law Act (Northern Ireland) 1969 (c.26) (N.I.); S.I. 1972/1264 (N.I. 13); S.I. 1985/454; S.I. 1987/168; Schedule 3 to the Elected Authorities (Northern Ireland) Act 1989 (c. 3); S.I. 1995/1948; S.I. 2001/417; and, in relation to the definition of “Minister” and “Ministry”, the functions of the Minister and Ministry of Home Affairs were transferred to the Secretary of State by S.I. 1973/2163.
[^c20635281]: 2000 c. 26; section 4 of that Act makes provision for the meaning of universal service provider.
[^c20635291]: Schedule 5 to the 1962 Act was substituted in its entirety by S.I. 1985/454; relevant amendments to those rules as substituted are referenced in the appropriate places in this Order.
[^c20635301]: Rule 5 was amended by S.I. 2001/417 and S.I. 2010/1178.
[^c20635311]: Rule 9(4) was inserted by paragraph 56 of Schedule 1 to the Electoral Administration Act 2006 (c.22).
[^c20635321]: Paragraphs (3) and (4) were amended, and paragraph (3A) inserted, by S.I. 2001/417; paragraph (3A) was amended by S.I. 2010/1178.
[^c20635331]: Rule 16 was amended by S.I. 1987/168; paragraph 59 of Schedule 1 to the Electoral Administration Act 2006 (c.22); and is modified in the case of a combined election by paragraph 15 of the Schedule to the Elections Act 2001 (c.7).
[^c20635341]: Rule 5A was inserted by S.I. 2001/417 and amended by S.I. 2010/1178.
[^c20635351]: 2000 c.41.
[^c20635361]: Section 15 was amended by section 3 of the European Communities (Amendment) Act 1986 (c.58) and section 3 of the Elections Act 2001 (c.7); other amendments made to section 15 are not relevant to this Order.
[^c20635371]: Rule 20 has been amended in the case of a combined election by paragraph 16 of the Schedule to the Elections Act 2001 (c.7).
[^c20635381]: Rule 21 was amended by S.I. 1987/168 and, in the case of a combined election, by paragraph 17 of the Schedule to the Elections Act 2001 (c.7).
[^c20635391]: Rule 25 was amended by S.I. 1987/168 and, in the case of a combined election, by paragraph 18 of the Schedule to the Elections Act 2001 (c.7).
[^c20635401]: Rule 26 was amended by S.I. 2001/417 and, in the case of a combined election, by paragraph 19 of the Schedule to the Elections Act 2001 (c.7).
[^c20635411]: 1985 c. 50; section 15 was amended by section 3 of the European Communities (Amendment) Act 1986 (c. 3) and section 3 of the Elections Act 2001 (c. 7). Other amendments made to this section are not relevant to this Order.
[^c20635421]: Rule 28 was substituted by S.I. 1987/168.
[^c20635431]: Rule 32 was amended by S.I. 2002/2835 and the Electoral Administration Act 2006 (c.22). It has been modified in the case of a combined election by paragraph 20 of the Schedule to the Elections Act 2001 (c.7) (“the 2001 Act”).
[^c20635441]: Section 13BA was inserted by section 6 of the Northern Ireland (Miscellaneous Provisions) Act 2006 (c.33).
[^c20635451]: Rule 34 was amended by S.I. 1995/1948; S.I. 2002/2835; S.I. 2003/1245; and paragraph 1 of Schedule 4 to the Northern Ireland (Miscellaneous Provisions) Act 2006. It has been modified in the case of a combined election by paragraph 21 of the Schedule to the 2001 Act.
[^c20635461]: 1972 c.20. This Act was repealed by the Road Traffic (Consequential Provisions) Act 1988 (c.54).
[^c20635471]: 1988 c.52.
[^c20635481]: S.I. 1981/154.
[^c20635491]: Rule 41 was amended by S.I. 2001/417; the Electoral Administration Act 2006 (c.22); and the Northern Ireland (Miscellaneous Provisions) Act 2006 (c.33). It has also been modified in the case of a combined election by paragraph 25 of the Schedule to the Elections Act 2001 (c.7).
[^c20635501]: Rule 45 was amended by S.I. 2002/2835.
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