UK Offence Report

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

UK Statutory Instrument 1987 No. 168 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
10 February 1987
In force from
Not determined
Extent
Not stated
Subject
Elections and representation of the people
Made under
Northern Ireland Constitution Act 1973

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order amends the Electoral Law Act (Northern Ireland) 1962 (“the 1962 Act”) and the Local Elections (Northern Ireland) Order 1985 (“the 1985 Order”) to make changes to the law in respect of local elections in Northern Ireland equivalent to those changes in respect of parliamentary elections which were made by the Representation of the People Act 1985 (c. 50) (“the 1985 Act”). Schedule 1 to this Order includes amendments to the 1962 Act equivalent to those made to the Representation of the People Act 1983 (c. 2) (“the 1983 Act”) by sections 14 and 19 of, and Schedules 2, 3, 4 and 5 to, the 1985 Act. In addition, paragraph 41 of that Schedule amends the list of documents, one of which must be produced at a polling station before a ballot paper can be delivered to a voter; the amendment corresponds to that made for parliamentary elections by Regulation 13 of the Representation of the People (Northern Ireland) Regulations 1986 (S.I. 1986/1091) (“the 1986 Regulations”). Paragraph 50 of that Schedule (together with paragraphs 46 to 49) makes provision for voting offences at local elections in Northern Ireland equivalent to that made for such offences at parliamentary elections there by section 61 of the 1983 Act (as amended by the Elections (Northern Ireland) Act 1985 (c. 2) and the 1985 Act). Paragraph 54 of that Schedule disapplies an offence which is already repealed as respects parliamentary elections. Schedule 2 to this Order replaces the provisions about entitlement to vote by post or by proxy in Part I of Schedule 2 to the 1985 Order. The new provisions correspond to the provisions in respect of parliamentary elections made by sections 6 to 9 of the 1985 Act and Part IV of the 1986 Regulations. The absent voting forms prescribed by Part II of Schedule 2 to the 1985 Order are revoked by Article 5(6) of this Order because the new provisions set out the contents of applications to vote by post or by proxy or by post as proxy but do not prescribe forms as such. Schedule 3 to this Order makes consequential amendments to Part III of Schedule 2 to the 1985 Order, which concerns the procedure on the issue and receipt of postal ballot papers. It also replaces the requirement to make a declaration of secrecy before attending such proceedings with a duty on the returning officer to notify persons so attending of the requirement of secrecy.

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