The Northern Ireland (Elections) (Amendment) (No. 2) Order 2015

• Citation: S.I. 2015/1939
• Sections: 5

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Northern Ireland (Elections) (Amendment) (No. 2) Order 2015.

(2) This Order comes into force on 30th November 2015.

(3) In this Order—

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

“the 1985 Act” means the Representation of the People Act 1985 ;

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

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

Section 2 Amendment of the 2008 Regulations

In regulation 46B(6) of the 2008 Regulations (retention of entries on register following canvass) , in the definition of “relevant period”, for “second”, substitute “third”.

Section 3 Amendments of the 2001 Order

In article 3(1) of the 2001 Order (application of certain provisions for Assembly elections) , for “and the 1985 Act”, substitute “, the 1985 Act and the Electoral Administration Act 2006 ”.

Section 4 Amendments of the 2001 Order

(1) Schedule 1 to the 2001 Order (application with modifications of the Representation of the People Acts to Assembly elections) is amended as follows.

(2) In the heading, for “and the 1985 Act”, substitute “, the 1985 Act and the Electoral Administration Act 2006”.

(3) In the entry for section 63 of the 1983 Act (breach of official duty), in the right hand column—

(a) omit paragraph (b), and

(b) omit “Omit subsections (4) and (5).”

(4) In the entry for rule 2 of the Parliamentary elections rules (computation of time), in the right-hand column, after the modification which begins “For paragraph (2)”, insert—

(5) In the entry for rule 19 of the Parliamentary elections rules (ballot papers) , in the right-hand column, after the modification which begins “For paragraph (2A)”, insert—

(6) In the entry for rule 44 of the Parliamentary elections rules (attendance at counting of votes), in the right-hand column, for “paragraph (5)”, substitute “paragraphs (5) and (6)”.

(7) In the entry for rule 57 of the Parliamentary elections rules (retention and public inspection of documents), in the right-hand column, at the end insert—

(8) In the entry for section 8 of the 1985 Act (proxies at elections), in the right-hand column—

(a) for “Omit subsection (6)”, substitute—

For subsection (6) substitute—

(6) Where a person has been appointed, under paragraph 3(5) of Part I of Schedule 2 to the 1985 Order , as a proxy to vote for the elector at local elections for an indefinite period, and the appointment remains in force, the appointment also has effect as an appointment as proxy to vote for the elector at Assembly elections for an indefinite period.

(b) for “Omit subsections (9) and (10)”, substitute—

(9) At the end, insert—

Section 5 Amendments of the 2001 Order

(1) Schedule 2 to the 2001 Order (application and modification of provisions of secondary legislation to Assembly elections) is amended as follows.

(2) In the entry for regulation 56 of the 2008 Regulations (additional requirements for the appointment of a proxy), in the right-hand column, insert—

(3) In the entry for regulation 62 of the 2008 Regulations (grant or refusal of applications), in the right-hand column, for “Omit paragraph (3)”, substitute “In paragraph (3) omit “(as amended for use also in respect of European Parliamentary elections)”.