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

• Citation: S.I. 1987/168
• Sections: 88

Section 1 Citation and extent

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

(2) This Order extends to Northern Ireland only.

Section 2 Commencement

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

(2) The provisions of—

(a) Articles 5 and 6,

(b) paragraphs 5, 6, 32 to 34, 36 to 39, 42 and 46 to 50 of Schedule 1, and

(c) Schedules 2 and 3,

shall not have effect for the purposes of an election in respect of which the notice of election is published before the sixth day after the day on which this Order is made.

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

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

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

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

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

Section 3 Interpretation

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

(2) The “Act of 1962” means the Electoral Law Act (Northern Ireland) 1962

Section 4 Miscellaneous amendments to Act of 1962

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

Section 5 Amendments to the Local Elections (Northern Ireland) Order 1985

(1) Article 6(6) (manner of voting) of the Local Elections (Northern Ireland) Order 1985 shall be omitted.

(2) For Article 6(7) of that Order there shall be substituted the following paragraph:

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

(3) At the end of Article 6 of that Order there shall be added the following paragraphs:—

(9) For the purposes of the provisions of this Order and the Act of 1962, a person entitled to vote as an elector at a local election is entitled as an elector to vote by post or entitled to vote by proxy at the election if he is shown in the absent voters list for the election as so entitled; and references in those provisions to entitlement as an elector to an absent vote at a local election are references to entitlement as an elector to vote by post or entitlement to vote by proxy at the election.

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

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

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

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

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

Section 6 Transitional provisions for absent voters

(1) In relation to any person who, immediately before 16th February 1987, was entitled to vote by post or by proxy for an indefinite period at local elections by virtue of an application under paragraph 2(1) of Part I of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 (which Part is to be replaced by the Part set out in Schedule 2 to this Order and is hereafter referred to as the “replaced Part”), paragraphs 1 to 4 of Part I of Schedule 2 to that Order, as substituted by Schedule 2 to this Order (“the Part which is substituted”), shall have effect—

(a) as if an application by him under paragraph 1 of the Part which is substituted so to vote at local elections had been granted on the date of the coming into force of that Part,

(b) where immediately before 16th February 1987, an appointment of a person to vote for him as proxy at local elections was in force, as if the appointment had been made in respect of such elections under paragraph 3 of the Part which is substituted on the date of the coming into force of that Part, and

(c) where the application treated as granted by virtue of sub-paragraph (a) is an application to vote by post, as if he had specified in the application as the address to which his ballot paper is to be sent the address provided by him for the purpose under the replaced Part.

(2) Where an appointment of a person to vote as proxy for another at local elections is treated by virtue of paragraph (1) as made under paragraph 3 of the Part which is substituted, and immediately before 16th February 1987 the proxy was entitled, in pursuance of an application for an indefinite period, so to vote by post at local elections, paragraph 4 of that Part shall have effect—

(a) where the proxy’s application was based on his entitlement as elector to vote by post, as if an application by him under paragraph 4(4)(a) of that Part to vote by post as proxy at local elections had been granted on the date of the coming into force of that part, and

(b) where the proxy’s application was based on the situation of the address to which his ballot paper was to be sent, as if an application by him under paragraph 4(4)(b) of that Part to vote by post as proxy at local elections had been granted on the date of the coming into force of that Part.

Section 1

In section 32(1)(a) (corrupt and illegal practices list) the words “or local” shall be omitted.

Section 2

In section 34(4) (appointment of election agent), after the word “appointment” there shall be inserted the words “(or, at a local election, a deemed appointment)”.

Section 3

At the end of section 36(1) (offices of election agent and sub-agent) there shall be added the words:

At a local election, this subsection shall have effect as if after the words ‘appointment of the agent’ there were inserted the words ‘is declared to him’.

Section 4

After subsection (3) of section 37 (default in appointing election agent) there shall be inserted:

(3A) At a local election the deemed appointment of a candidate as his own election agent may be revoked as if it were an actual appointment.

Section 5

At the end of section 39(2) (payment of expenses at an election through election agent) there shall be added the words:

At a local election, this subsection shall have effect as if for the words ‘£2’ there were substituted the words ‘£20’.

Section 6

In section 41(2) (prohibition of unauthorised expenses) after the sum “50p” there shall be inserted the words “or, at a local election, £5”.

Section 7

At the end of section 41(5) there shall be added the words:

At a local election, paragraph (b) of this subsection shall have effect as if for the words ‘fourteen’ and ‘send’ there were substituted ‘twenty-one’ and ‘deliver’, respectively.

Section 8

At the end of section 43(1) (time for sending in and paying claims) there shall be added the words:

At a local election, this subsection, subsection (3) and section 44(4) shall have effect as if for the word ‘fourteen’ there were substituted ‘twenty-one’.

Section 9

At the end of section 46 (return as to expenses at an election) there shall be added the following subsection:

(7) At a local election, subsections (1) and (5) shall have effect as if for the word ‘transmit’ in each place where it occurs there were substituted ‘deliver’ and for the word ‘transmitted’ in subsection (5) there were substituted ‘delivered’.

Section 10

At the end of section 47 (declarations as to expenses at an election) there shall be added the following subsection:

(4) At a local election, subsections (1) and (2) shall have effect as if for the word ‘transmitted’ in each place where it occurs in subsection (1) and the proviso to subsection (2) there were substituted ‘delivered’ and for the words ‘transmits’ and ‘transmit or cause to be transmitted’ in subsection (2) there were substituted respectively ‘delivers’ and ‘deliver’.

Section 11

At the end of section 48(1) (penalty for sitting or voting after failure to transmit return and declarations) there shall be added the words:

At a local election this subsection shall have effect as if for the word ‘transmitted’, in each place where it occurs, there were substituted ‘delivered’.

Section 12

After section 49(1) (authorised excuses for failure as respects return and declarations) there shall be added the following subsection:

(1A) Where a person makes an application under this section in respect of the return and declaration as to election expenses at a local election, he shall notify the Director of Public Prosecutions for Northern Ireland of the application and the Director or his assistant or any barrister or solicitor duly appointed as the Director’s representative may attend the hearing of the application and make representations at the hearing in respect of it.

Section 13

At the end of section 49(2) there shall be added the words:

At a local election this subsection shall have effect as if for the word ‘transmit’, in each place where it occurs, there were substituted ‘deliver’.

Section 14

At the end of section 50(3) (power of court to require information from election agent or sub-agent) there shall be added the words:

At a local election this subsection shall have effect as if for the words ‘five hundred pounds’ there were substituted ‘the amount of the maximum fine to which he would be liable if at the time the order is made he were convicted of a summary offence on conviction of which he was liable to a fine of level 5 on the standard scale’.

Section 15

At the end of section 52(1) (inspection of returns and declarations) there shall be added the words:

and this subsection shall have effect as if for the word ‘sent’ there were substituted ‘delivered’.

Section 16

At the end of section 55 (duty on and licences for carriages, etc. , used at elections) there shall be added the words “other than a local election”.

Section 17

At the end of section 73 (attendance of Director of Public Prosecutions at trial of election petition) there shall be added the words:

At the trial of a petition relating to a local election, this section shall have effect as if for the word ‘shall’ there were substituted ‘may and, if the election court so requests him, shall’.

Section 18

At the end of section 86 (punishment for corrupt withdrawal) there shall be added the words:

In respect of a petition relating to a local election, this section shall have effect as if for the words from ‘to a fine’ to ‘and such fine’ there were substituted ‘to a fine, or to both, or on summary conviction, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum or to both’.

Section 19

In section 92 (further provision as to costs of petition)—

(a) at the end of subsection (1) there shall be added the words:

In respect of a petition relating to a local election, this subsection shall have effect as if the reference to subsection (2) were omitted.

(b) in subsection (2) the words from “and, in relation to a local” to the end shall be omitted.

Section 20

At the end of section 96 (provisions applying to all persons reported personally guilty of a corrupt or illegal practice) there shall be added the following subsection:

(5) In respect of the report of an election court at the trial of a local election petition, this section shall have effect subject to the following amendments:

(a) in subsection (1) the words from ‘and whether’ to ‘indemnity’ and from ‘It shall be the duty’ to ‘is given’ shall be omitted; and

(b) for subsection (2) there shall be substituted:

(2) The report shall be laid before the Director of Public Prosecutions for Northern Ireland.

Section 21

At the end of section 97 (disciplinary action on report of corrupt practice) there shall be added the following subsection:

(4) In respect of the report of an election court at the trial of a local election petition, subsections (1), (2) and (3) shall have effect as if for the words from ‘whether’ to ‘for Northern Ireland to’, in each place where those words occur, there were substituted ‘the court shall’.

Section 22

At the end of section 105 (prosecution and trial of electoral misdemeanours) there shall be added the following subsection:

(8) In respect of the prosecution and trial of an electoral misdemeanour committed or alleged to have been committed at a local election, this section shall have effect subject to the following amendments:

(a) in subsection (1) the words, ‘subject to subsection (2),’ and from ‘A person charged with personation’ to the end of the subsection shall be omitted;

(b) subsections (2) and (6) shall be omitted; and

(c) in subsection (5) for the words ‘the offences specified in paragraphs 24 to 26’ there shall be substituted ‘the offence specified in paragraph 26(2)’ and for the words ‘charged with any of the electoral offences specified in paragraphs 24 to 26’ there shall be substituted ‘to whom section 111(2A)(c)(i) applies charged with the offence specified in paragraph 26(2)’.

Section 23

At the end of section 106 (prosecution of offences disclosed on election petition) there shall be added the following subsection:

(10) This section shall not apply to electoral misdemeanours committed or alleged to have been committed at a local election.

Section 24

After section 107(1) (power to except innocent act from being illegal practice, payment, employment or hiring) there shall be added the following subsection:

(1A) Where a person makes an application under this section for relief in respect of an act or omission at a local election, he shall notify the Director of Public Prosecutions for Northern Ireland of the application and the Director or his assistant or any barrister or solicitor duly appointed as the Director’s representative may attend the hearing of the application and make representations at the hearing in respect of it.

Section 25

At the end of section 108 (penalties for corrupt practices) there shall be added the following subsection:

(4) Subsections (1) to (3) above shall not apply to a person convicted of a corrupt practice at a local election and such a person shall be liable—

(a) on conviction on indictment—

(i) in the case of a corrupt practice under paragraph 4 of Schedule 9 or paragraphs 8 or 9 of that Schedule in relation to the offence in paragraph 4, to imprisonment for a term not exceeding two years, or to a fine, or to both;

(ii) in any other case, to imprisonment for a term not exceeding one year, or to a fine, or to both;

(b) on summary conviction, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both.

Section 26

At the end of section 109 (penalty for illegal practices) there shall be added:

In respect of an illegal practice at a local election this section shall have effect as if for the words ‘one hundred pounds’ there were substituted ‘level 5 on the standard scale’.

Section 27

After section 111(2) (penalties for electoral offences by officers and other persons), there shall be inserted the following subsection:

(2A) Subsections (1) and (2) above shall not apply to a person convicted of an electoral offence at a local election or in connection with the registration of local electors and such a person shall be liable—

(a) in the case of an offence under paragraph 24, 24A, 25, 28, 29, 30, 31 or 32A of Schedule 9, on summary conviction to a fine not exceeding level 5 on the standard scale;

(b) in the case of an offence under paragraph 26(1) or 33 of Schedule 9, on summary conviction to a fine not exceeding level 3 on the standard scale;

(c) in the case of an offence under paragraph 26(2) of Schedule 9—

(i) if the person guilty of the offence is the Chief Electoral Officer or any person to whom functions are delegated by him under this Act, a presiding officer or a clerk appointed to assist in taking the poll, counting the votes or assisting at the proceedings in connection with the issue or receipt of postal ballot papers, on conviction on indictment to a fine, or to imprisonment for a term not exceeding 2 years, or to both, or on summary conviction, to a fine not exceeding the statutory maximum, or to imprisonment for a term not exceeding 6 months, or to both;

(ii) if the person guilty of the offence is any other person, on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months, or to both;

(d) in the case of an offence under paragraph 27 of Schedule 9, on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months;

(e) in the case of an offence under paragraph 32 of Schedule 9, on summary conviction to a fine not exceeding level 4 on the standard scale.

Section 28

At the end of section 111(3) there shall be added:

In respect of a breach of official duty at a local election, this subsection shall have effect as if for the words ‘the Clerk of the Crown’ there were substituted ‘any presiding officer, any person either appointed to assist in the conduct of the election or who so assists in the course of his employment’.

Section 29

At the end of section 112(1) (incapacities resulting from convictions for corrupt and illegal practices) there shall be added:

In respect of a person convicted of a corrupt practice at a local election this subsection shall have effect as if the words ‘on indictment or by an election court’ were omitted.

Section 30

At the end of section 118 (time limit for prosecutions) there shall be added the following subsection:

(3) In respect of the prosecution of an electoral misdemeanour committed or alleged to have been committed at a local election, this section shall have effect subject to the following amendments:

(a) in subsection (1) the words, ‘whether before an election court or otherwise,’ shall be omitted, and

(b) for subsection (2) there shall be substituted:

(2) For the purposes of this section, the making of a complaint shall be deemed to be the commencement of a proceeding.

Section 31

At the end of section 120(4) (provisions as to Director of Public Prosections) there shall be added:

In respect of the costs of an election petition relating to a local election, this subsection shall have effect as if the words ‘so far as they are not in the case of any prosecution paid by the defendant’ were omitted.

Section 32

At the end of section 129 (computation of time) there shall be added:

In respect of a local election and an election petition relating to a local election the foregoing provisions shall not have effect and any period of time shall be computed as follows:

(a) where the day or the last day on which anything is required or permitted to be done by or in pursuance of Parts VI and IX is any of the days mentioned in paragraph (b), the requirement or permission shall be deemed to relate to the first day thereafter which is not one of those days; and in computing any period of not more than 7 days for the purposes of those Parts any of the days so mentioned shall be disregarded;

(b) the days referred to in paragraph (a) are Saturday, Sunday, Christmas Eve, Maundy Thursday or a public holiday.

Section 33

In section 130(1) (interpretation) before the definition of “Chief Electoral Officer” there shall be inserted the following definition—

‘absent voters list’ means, in relation to any local election, the list kept under paragraph 2(4) of Part I of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 (as substituted by Schedule 2 to the Local Elections (Northern Ireland) (Amendment) Order 1987) for that election;

Section 34

In rule 2 of the local elections rules in Schedule 5 to the Act of 1962 (computation of time) after the word “Sunday” there shall be inserted “, Christmas Eve, Maundy Thursday”.

Section 35

In rule 16(2)(d) of the local elections rules in Schedule 5 (the ballot papers) for the words “on the face” there shall be substituted “on it”.

Section 36

In rule 21(1) of the local elections rules in Schedule 5 (postal ballot papers) for the words “provided by them for the purpose” there shall be substituted “shown in the absent voters list”.

Section 37

Rule 24 of the local elections rules in Schedule 5 to the Act of 1962 (list of proxies and postal voters) shall be omitted.

Section 38

In rule 25(1)(b) of the local elections rules in Schedule 5 (issue of official poll cards) for the words from “his application” to the end there shall be substituted “he is entitled to vote by post as proxy at the election”.

Section 39

For rule 28 of the local elections rules in Schedule 5 (declaration of secrecy) there shall be substituted:

Notification of requirement of secrecy

(28) The returning officer shall make such arrangements as he thinks fit to ensure that—

(a) every person attending at a polling station (otherwise than for the purpose of voting or assisting a blind voter to vote or as a constable on duty there) has been given a copy in writing of the provisions of paragraph 27(1) and (3) of Schedule 9 and a statement of the penalty prescribed by section 111(2A)(d) (as inserted by paragraph 27 of Schedule 1 to the Local Elections (Norther Ireland) (Amendment) Order 1987); and

(b) every person attending at the counting of the votes (other than any constable on duty at the counting) has been given a copy in writing of the provisions of paragraph 27(2) of Schedule 9 and a statement of the penalty prescribed by section 111(2A)(d) (as inserted by paragraph 27 of Schedule 1 to the Local Elections (Northern Ireland) (Amendment) Order 1987).

Section 40

In rule 29 of the local elections rules in Schedule 5 (admission to polling station) :

(a) paragraph (1)(e) shall be omitted, and

(b) in paragraph (3) the words “, a member of Her Majesty’s forces (including Her Majesty’s reserve or auxilliary forces)” and sub-paragraph (b) shall be omitted.

Section 41

In rule 34(6) of the local elections rules in Schedule 5 (voting procedure) :

(a) in sub-paragraph (a) for the words “Article 12” there shall be substituted “Articles 8 and 12”; and

(b) after sub-paragraph (e), the following sub-paragraph shall be added:

(f) a British seaman’s card issued in accordance with regulations made under section 70 of the Merchant Shipping Act 1970

Section 42

In rule 37(1)(b) of the local elections rules in Schedule 5 (tendered ballot papers) the words “named in the list of persons” shall be omitted.

Section 43

In the Appendix of forms to the local elections rules in Schedule 5 , in form 9 (form of certificate of employment), paragraph (b) (members of Her Majesty’s forces) shall be omitted.

Section 44

In paragraph 7 (provisions as to security for costs) of Schedule 8 (election courts):

(a) in sub-paragraph (2)(b) for the words “five hundred pounds” there shall be substituted “£2,500”;

(b) at the end of sub-paragraph (3) there shall be added:

In respect of a petition relating to a local election the following provisions shall have effect in substitution for the foregoing provisions of this sub-paragraph:

Within the prescribed time after giving the security the petitioner shall serve on the respondent in the prescribed manner—

a notice of the presentation of the petition and of the amount and nature of the security, and

a copy of the petition.

(c) at the end of sub-paragraph (4) there shall be added:

In respect of a petition relating to a local election this sub-paragraph shall have effect as if the words ‘, not exceeding five days after service of the notice,’ were omitted.

(d) sub-paragraph (5) shall be omitted; and

(e) at the end of sub-paragraph (7) there shall be added:

In respect of a petition relating to a local election this sub-paragraph shall have effect as if the words “not exceeding five days” were omitted.