The Postponement of Local Elections (Northern Ireland) Order 2009

• Citation: S.I. 2009/225
• Sections: 4

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Postponement of Local Elections (Northern Ireland) Order 2009 and shall come into force on the day after the day on which it is made.

(2) In this Order “the 1962 Act ” means the Electoral Law Act (Northern Ireland) 1962 .

(3) The Interpretation Act (Northern Ireland) 1954 applies to this paragraph and the following provisions of this Order as it applies to an Act of the Assembly.

Section 2 Postponement of the next local election year in Northern Ireland

(1) The next local election year in Northern Ireland is to be 2011 (and not 2009).

(2) Accordingly in section 11(1) of the 1962 Act (which provides for every fourth year from 1973 to be a local election year) for “the year 1973” there is substituted “the year 2011”.

(3) Section 11(1A) of that section (which requires a local general election to be held on the first Thursday in May) shall not apply to the local general election to be held in 2011.

Section 3 Transitional provisions: members of district councils in Northern Ireland

(1) The term of office of an existing member of a district council shall continue until the fourth day after the election day in 2011.

(2) A casual vacancy in a district council occurring on or after 1st January 2009 but before the coming into force of this Order—

(a) is to be filled in accordance with section 11(4A) of the 1962 Act; and

(b) is to be treated for the purposes of section 11(5) of that Act as having occurred on the day on which this Order comes into force.

(3) The term of office of a person elected or chosen after the coming into force of this Order but before 1st January 2011 to fill a casual vacancy in a district council expires on the fourth day after the election day in 2011 (and it is immaterial for this purpose when the vacancy arose).

(4) In relation to an existing member of a district council or a person mentioned in paragraph (3), the period mentioned in section 28(7) of the 1962 Act (deemed continuation in force for qualification purposes of register in force when a person became a member of a district council) expires on the election day in 2011.

(5) In this article—

(a) “casual vacancy” and “election day” have the same meaning as in section 11 of the 1962 Act; and

(b) “existing member”, in relation to a district council, means a person who is a member of that council at the coming into force of this Order.

Section 4 Amendment of the Drainage (Northern Ireland) Order 1973

(1) In this article “Schedule 1” means Schedule 1 to the Drainage (Northern Ireland) Order 1973 (constitution and proceedings of the Drainage Council).

(2) In paragraph 3(1) of Schedule 1, for “the year 1973” substitute “the year 2011”.

(3) The term of office of a member of the Drainage Council appointed under paragraph 3 or 5 of Schedule 1 after the local general election in 2005 expires on the day preceding that from which the next subsequent appointments made under paragraph 3 of that Schedule after the local general election in 2011 are effective.