The Local Elections (Northern Ireland) Order 2023

UK Statutory Instrument 2023 No. 1083 — creates 2 criminal offences.

2offences created

0recorded in force

0revoked

Made: 11 October 2023
In force from: 31 October 2023
Extent: Not stated
Subject: Elections and representation of the people
Made under: Northern Ireland Act 1998, Parliament under section 84(4) of the Northern Ireland Act 1998, Political Parties, Elections and Referendums Act 2000

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 makes various changes to the rules governing local elections in Northern Ireland. Similar changes are made to the rules governing Parliamentary elections in a separate instrument (the Representation of the People and Recall Petition (Northern Ireland) (Amendment) Regulations 2023). Many of the changes in this Order are required as a result of changes to electoral law made by the Elections Act 2022 (the “2022 Act”). Article 2 makes an amendment to paragraph 9(1) of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 (S.I. 1985/454) (the “1985 Order”), to remove the requirement for an application for a proxy to provide details of the family relationship between the proxy and the person appointing them. This is required as a result of changes to the rules governing the number of persons for whom a proxy can act (see Schedule 4 to the 2022 Act). Article 3 amends paragraph 12 of Schedule 2 to the 1985 Order to provide that where a person (including a proxy) applies for a postal vote and requests that their ballot papers are sent to an address which is different from the “normal address” used by the Chief Electoral Officer in Northern Ireland, the Chief Electoral Officer must send to that normal address a confirmation that the ballot papers will be sent to the requested address, or the notification that the application has been refused. Article 4 inserts a new Schedule 2A into the Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), which is about the disclosure of date of birth lists to the police (paragraph 2) and in response to a court order (paragraph 3). These two new paragraphs include restrictions on further disclosure, breach of which is a criminal offence, as set out in paragraph 4. Article 5 and Schedules 1, 2 and 3 make changes to the forms used in local elections in Northern Ireland to reflect the changes made by the 2022 Act to the rules on the number of persons for whom a proxy may act and to the acceptable forms of voter identification. Article 6 is a transitional provision which requires a proxy paper form for a proxy appointment made before 5th March 2024 to reflect the fact that the new rules on proxy appointments do not yet apply. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector or community bodies is foreseen.

Offences created by this instrument

A person is guilty of an offence— a if they fail to comply with any of the restrictions imposed under paragraph 2 or… article 4(1) · Status not determined · Strict liability
Offence of failure to comply with restrictions under paragraphs 2 and 3 4 1 A person is guilty of an offence— a if… article 4(3) · Status not determined · Mixed — some elements strict, some not

How Parliament handled it

Parliament's Statutory Instruments service has no record of this instrument, although it covers the period. Nothing is inferred from that.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2023