The Northern Ireland Assembly (Elections) (Amendment) Order 2010

• Citation: S.I. 2010/2892
• Sections: 4

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Northern Ireland Assembly (Elections) (Amendment) Order 2010.

(2) This Order comes into force on the day after the day on which it is made.

(3) In this Order—

“ 1983 Act ” means the Representation of the People Act 1983 ;

“ 2001 Order ” means the Northern Ireland Assembly (Elections) Order 2001 ; and

“ 2008 Regulations ” means the Representation of the People (Northern Ireland) Regulations 2008 .

(4) In this Order a reference to a “rule” is a reference to the Parliamentary elections rules or the relevant Parliamentary election rule contained in Schedule 1 to the 1983 Act .

Section 2 Unfilled seats at an election

After article 7 of the 2001 Order (by-elections) insert—

Unfilled seats at an election

(8)

(1) If at an Assembly election no person is or remains, or an insufficient number of persons are or remain, validly nominated to fill the vacancy or vacancies in respect of which the election is held, the Chief Electoral Officer must order an election to fill any vacancy which remains unfilled.

(2) The day appointed for the poll shall be the first Thursday after the expiry of 30 days beginning with the day fixed as the day of the election mentioned in paragraph (1).

(3) In computing the period of time mentioned in paragraph (2), any day which is a Saturday, Sunday, Christmas Eve, Christmas Day, Good Friday or a bank holiday is to be disregarded.

(4) In paragraph (3) “bank holiday” means a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in Northern Ireland.

Section 3 Amendment of Schedule 1 to the 2001 Order

(1) Schedule 1 to the 2001 Order (application with modifications of statutory provisions relating to elections) is amended as follows.

(2) After the entry in respect of section 66A of the 1983 Act (prohibition on publication of exit polls) insert—

(3) In the right-hand column of the Schedule, alongside the entry in respect of rule 5 of the rules (notice of election) insert—

At the end of the rule, insert the following paragraph—

(4) The notice of election must state the address to which the applications mentioned in paragraph (2) must be sent.

(4) In the right-hand column of the Schedule, after the entry in respect of rule 8 (consent to nomination) insert—

After rule 8 insert the following rule—

Use of mark in place of signature

(8A)

(1) Where a person (“P”) is required to sign his or her name under rules 6, 7 or 8 but is unable to do so because of blindness or any other disability or because he or she is unable to read, P may instead place a mark in place of any signature.

(2) The mark mentioned in paragraph (1) must be witnessed by one person who must include his or her signature and address.

(5) In the right-hand column of the Schedule, alongside the entry in respect of rule 14A (correction of minor errors) insert—

In paragraph (2), after sub-paragraph (b) insert—

(ba) obvious errors of spelling in relation to the description of a registered political party (including a joint description) authorised as mentioned in rule 6A ;

(6) In the right-hand column of the Schedule, alongside the entry in respect of rule 19 (the ballot papers), after the paragraph beginning “For paragraph (2A) substitute” insert the following paragraphs—

After paragraph (2B) insert—

(2C) If, on behalf of a candidate who is the subject of two or more parties’ authorisations under rule 6A(1B) the registered nominating officers of those parties so request, the ballot paper must contain, against the candidate’s particulars, the registered emblem of one of those parties (or, as the case may be, one of its registered emblems).

(2D) The request mentioned in paragraph (2C) must be—

(a) made in writing by the nominating officers of the parties jointly to the returning officer, and

(b) received by the returning officer before the last time for the delivery of nomination papers.

After paragraph (4) insert—

(5) In this rule “registered nominating officer” means the person registered as a party’s nominating officer under the Political Parties, Elections and Referendums Act 2000 or a person authorised by the nominating officer to act on his or her behalf.

(7) In the right-hand column of the Schedule, alongside the entry in respect of rule 28 (issue of official poll cards) insert—

After paragraph (1A) insert—

(1B) An official poll card need not be sent to any person—

(a) as an elector if he or she is placed on the absent voters list for the election; or

(b) as a proxy if he or she is entitled to vote by post as proxy at the election.

(8) In the right-hand column of the Schedule, alongside the entry in respect of rule 29 (equipment of polling stations)—

(a) before the paragraph beginning “In paragraph (5)” insert—

In paragraph (2) after “unlocked” insert “or, where the box has no lock, the seal being broken”.

(b) after the paragraph beginning “In paragraph (5)” insert—

After paragraph (5) insert—

(5A) Where proof has been given to the returning officer’s satisfaction of the death of a candidate named in the ballot paper as an independent candidate (within the meaning of rule 60) the returning officer must provide each presiding officer with sufficient number of notices informing the voters that the candidate has died for display in every compartment of every polling station.

(9) In the right-hand column of the Schedule, alongside the entry in respect of rule 30 (appointment of polling and counting agents) insert—

In paragraph (3), for the word “second” substitute “fifth”.

(10) In the right-hand column of the Schedule, alongside the entry in respect of rule 31 (notification of requirement of secrecy) insert—

In paragraph (a) for “blind voter” substitute “voter with disabilities”

(11) In the right-hand column of the Schedule, alongside the entry in respect of rule 33 (keeping of order in station) insert—

In paragraph (2)(a) omit “in or near that station”

(12) In the right-hand column of the Schedule, alongside the entry in respect of rule 34 (sealing of ballot papers) insert—

After the words “lock it up” and after the words “so locked” in both places insert “(if it has a lock)”

(13) In the right-hand column of the Schedule, after the entry in respect of rule 37 (voting procedure) insert—

After rule 37 insert the following rule—

Disclosure of information regarding ballot papers

(37A)

(1) During the taking of the poll the presiding officer and the clerks appointed to attend at the polling station may not disclose how many ballot papers have been issued to voters; but this is subject to paragraph (2).

(2) The presiding officer may disclose that information to—

(a) the returning officer, or

(b) any other person in accordance with directions given by the returning officer.

(3) Any direction under paragraph (2)(b) must be given before the commencement of the poll.

(14) In the right-hand column of the Schedule, alongside the entry in respect of rule 43 (procedure on close of poll) insert—

In paragraph (1)(a) after “key” insert “(if it has a lock)”

(15) In the right-hand column of the Schedule, in the entry in respect of rule 44C(1) —

(a) in sub-paragraph (a) omit “and other unique identifying mark”; and

(b) in sub-paragraph (d) after “printed number” insert “and other unique identifying mark”.

(16) After the entry in respect of rule 53 (return or forfeiture of candidate’s deposit) insert—

(17) In the right-hand column of the Schedule, alongside the entry in respect of rule 60 (independent candidate) for the words “Omit paragraph 4.” substitute—

For paragraph (4) substitute—

(4) If the number of persons shown as standing nominated in the statement of persons nominated is less than or equal to the number of persons to be elected the returning officer must—

(a) if polling has not begun, countermand notice of the poll;

(b) if polling has begun, direct that the poll is abandoned;

(c) subject to rule 65, treat the election as an uncontested election.

(18) In the right-hand column of the Schedule, alongside the entry in respect of rule 61 (deceased independent candidate wins) after the entry beginning “In paragraph (1)” insert—

For paragraph (2) substitute—

(2) Rule 50 (declaration of result) does not apply but the returning officer must—

(a) declare that the votes given to the deceased candidate are equal to or exceed the quota (as the case may be),

(b) declare that no candidate is elected, and

(c) give public notice of—

(i) the number of first preference votes given for each candidate,

(ii) any transfer of votes,

(iii) the total number of votes for each candidate at each stage of the count at which such transfer took place,

(iv) the order in which the successful candidates would have been elected if it were not for the provisions of this rule, and

(v) the number of rejected ballot papers under each head shown in the statement of rejected ballot papers prepared under rule 44C(3).

(19) Omit the entry in respect of rule 62 (deceased independent candidate with equality of votes).

(20) In the right-hand column of the Schedule, alongside the entry in respect of rule 65 (abandoned poll) omit “omit sub-paragraph (a), and”.

Section 4 Amendment of Schedule 2 to the 2001 Order

(1) Schedule 2 to the 2001 Order (application with modifications of provisions of subordinate legislation relating to elections) is amended as follows.

(2) After the entry for regulation 55 of the 2008 Regulations (general requirements for an absent vote) insert—

(3) Amend the right-hand column of the Schedule alongside the entry in respect of regulation 59 of the 2008 Regulations (additional requirements for applications in respect of a particular election) as follows—

(a) after the entry beginning “In paragraphs (4)(b)” insert—

For sub-paragraph (c) of paragraph (5) substitute—

(c) that he or she is treating the applicant in connection with the illness specified in paragraph (4) or that the applicant is receiving care from him or her in respect of that illness;

In paragraph (7)—

(a) for sub-paragraph (c) substitute—

(c) that he or she is treating the applicant in connection with the circumstances set out in the application in accordance with paragraph (1) or that the applicant is receiving care from him or her in respect of those circumstances;

(b) in sub-paragraph (d)(i) after “illness” insert “or other health related matter”; and

(c) for sub-paragraph (d)(iii) substitute—

(iii) that in those circumstances he or she cannot reasonably be expected to vote in person at his or her allotted polling station;

(b) after the entry beginning “In paragraph (8)(b)” insert—

In paragraph (8)(d) omit “chief”.

(4) In the right-hand column of the Schedule, alongside the entry in respect of regulation 68 of the 2008 Regulations (certificate of employment) insert—

In paragraph (2) omit “chief”.

(5) In the right-hand column of the Schedule, alongside the entry in respect of regulation 83 of the 2008 Regulations (postal ballot box and receptacles) insert—

In paragraph (4) after “postal ballot box” insert “(if it has a lock)”.

(6) In the right-hand column of the Schedule, alongside the entry in respect of form F in Schedule 3 to the 2008 Regulations (certificate of employment) insert—

After “police officer” omit “chief”.