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Elected Authorities (Northern Ireland) Act 1989

Current text a fecha 2018-05-30

Franchise for local elections

Local electors in Northern Ireland

1

Application of provisions of Representation of the People Act 1983 to local elections in Northern Ireland

2

Disqualification for breach of declaration against terrorism or in consequence of imprisonment or detention

Declaration against terrorism: local elections

3

Declaration against terrorism: councillors co-opted to fill casual vacancies

4

any person who— (i) is qualified to be a member of the council; (ii) has made, and served on the clerk of the council, a declaration in the form set out in Part II of Schedule 2 to the Elected Authorities (Northern Ireland) Act 1989; and (iii) is not objected to by any member of the council present at the meeting;

.

Declaration against terrorism: Assembly elections

5

A person is not validly nominated as a candidate at an election to the Northern Ireland Assembly unless his consent to nomination includes a declaration in the form set out in Part I of Schedule 2 to this Act.

Breach of terms of declaration

6

Application to the High Court

7

shall be conclusively presumed to have made a declaration in the form set out in Part I of Schedule 2 to this Act at the time of the nomination.

Disqualification in consequence of breach of declaration

8

(dd) within the five years immediately preceding the day of his election or at any time subsequent to that day, a determination has been made by the High Court that he has acted in breach of the terms of a declaration against terrorism as defined in section 7 of the Elected Authorities (Northern Ireland) Act 1989; or

.

(1A) A person who is determined by the High Court to have acted in breach of the terms of a declaration against terrorism as defined in section 7 of the Elected Authorities (Northern Ireland) Act 1989 is disqualified for membership of the Assembly during the period of five years beginning with the date of the determination.

.

Disqualification for membership of district council in consequence of imprisonment or detention

9

(cc) he has been found guilty of one or more offences by any court in Northern Ireland or elsewhere in the British Islands and sentenced or ordered to be imprisoned or detained indefinitely or for three months or more without the option of a fine and either of the periods mentioned in subsection (3) is current; or

.

(3) The periods referred to in subsection (1)(cc) are— (a) the period of his actual imprisonment or detention (including any time when he is unlawfully at large), and (b) the period of five years beginning with his discharge. (4) For the purposes of subsections (1)(cc) and (3)— (a) consecutive terms of imprisonment or detention imposed in respect of offences of which the offender was found guilty in the same proceedings are to be treated as a single term, (b) the release of an offender on licence or in pursuance of a grant of remission is to be treated as his discharge, whether or not his release is subject to conditions, but if, in respect of the same offence or offences, he is required to return to prison or detention for a further period the reference in subsection (3) to his discharge includes a reference to his discharge in respect of that further period, and (c) the reference in subsection (1)(cc) to a sentence or order does not, except in a case where the sentence or order does take effect for any term, include one that is ordered not to take effect unless the conditions specified in the order are fulfilled and, in such a case, the original sentence or order is to be treated as a sentence or order of imprisonment or detention for that term.

General

Interpretation

10

Minor and consequential amendments and repeals

11

legal incapacity” has the same meaning as in the Elected Authorities (Northern Ireland) Act 1989

, and

polling district” means a ward

.

local elector” has the same meaning as in the Electoral Law Act (Northern Ireland) 1962

,

Expenses

12

Short title, commencement, transitional provision and extent

13

shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different provisions and for different purposes.

SCHEDULE 1

Part I — Provisions applied

Part II — Modifications

General

1

References to local government elections are to be read as references to local elections.

2

References to section 2 (local government electors in Great Britain) are to be read as references to section 1 of this Act and references to Part I (Parliamentary and local government franchise and its exercise) include section 1 of this Act.

3

References to the registration officer are to be read as references to the Chief Electoral Officer for Northern Ireland.

4

References to local government electors are to be read as references to local electors.

5

References to legal incapacity are to legal incapacity within the meaning of this Act.

6

References to any other provision mentioned in Part I of this Schedule are to that provision as modified by this Part.

Specific

7
8

In section 9, for subsection (1)(b) there is substituted—

(b) a register of local electors for each district.

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

In section 49—

(c) whether or not a person registered as an elector in a district was during the whole of the period of three months ending on the qualifying date resident in Northern Ireland

, and

13

In section 50, for paragraph (c) there is substituted—

(c) in any list, notice or other document required for the purposes of this Part of this Act

.

14

In section 53—

15

In section 54, in subsections (3) and (4) paragraph (a) is omitted.

16

In section 58, omit subsection (1)(c) and after subsection (2) insert—

(2A) No appeal lies from the decision of the Court of Appeal on appeal from a decision of the county court under this section.

.

17

In section 59, in subsection (3)(a) the words from “and of” to the end are omitted.

18

In Schedule 2—

are omitted.

SCHEDULE 2

Part I — Form for inclusion in consent to nomination

Part II — Form for use in case of district councillor returned to fill casual vacancy

SCHEDULE 3

Part I — Northern Ireland legislation repealed

Part II — Subordinate legislation revoked

Local electors in Northern Ireland.

Section 3(1) and (2) (disfranchisement of offenders in prison, etc.).

Section 4(2) to (6) (entitlement to be registered).

Section 4(2) to (6) (entitlement to be registered).

Section 3(1) and (2) (disfranchisement of offenders in prison, etc.).

Section 4(2) to (6) (entitlement to be registered).

Section 4(2) to (6) (entitlement to be registered).

Sections 5 and 6 (residence (general) and residence of merchant seamen).

Section 59 (supplemental provisions as to members of forces, etc.).

7A

In section 7B references to the United Kingdom are to be read as references to Northern Ireland.

8A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I declare that, if elected, I will not by word or deed express support for or approval of—

I, (name in full) , of (home address in full) declare that, if I am returned to be a councillor for the District of (name of district) , I will not by word or deed express support for or approval of—

Signed

Date

Editorial notes

[^c3859821]: S. 1(1) substituted for s. 1(1)(2) (29.1.2001 for specified purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 2; S.I. 2001/116, art. 2(1)(2)

[^c20060331]: S. 2 applied (9.7.2003) by The Local and European Parliamentary Elections (Registration of Citizens of Accession States) Regulations 2003 (S.I. 2003/1557), reg. 4 (subject to reg. 2)

[^c3859831]: 1983 c. 2.

[^c3859841]: 1962 c. 14 (N.I.).

[^c20060421]: S. 6 applied (with modifications) (4.9.2007) by Police (Northern Ireland) Act 2000 (c. 32), Sch. 3A para. 7(3)(4) (as inserted by Police (Northern Ireland) Act 2003 (c.6), s. 19, Sch. 1 para. 13); S.R. 2007/371, art. 2

[^c3859911]: 1973 c. 36.

[^c3859921]: Words in definition of “proscribed organisation” in s. 6(5) substituted (19.2.2001) by 2000 c. 11, s. 125, Sch. 15 para. 7(2); S.I. 2001/421, art. 2

[^c3859931]: 1972 c. 9 (N.I.).

[^c3859941]: 1973 c. 17.

[^c3859951]: 1972 c. 9 (N.I.).

[^c3860001]: 1954 c. 33 (N.I.).

[^c20060601]: Words in s. 10(1) repealed (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 73(3), 74(2), Sch. 2; S.I. 2008/1316, arts. 2(3), 5(g)(iii)

[^c3860011]: 1962 c. 14 (N.I.).

[^c3860021]: 1983 c. 2.

[^c3860111]: S. 11(1) repealed (29.1.2001 for specified purposes otherwise 16.2.2001) by 2000 c. 2, s. 15, Sch. 7 Pt. III; S.I. 2001/116, art. 2(1)(2)

[^c3860121]: 1972 c. 9 (N.I.).

[^c3860131]: S.I.1972/1264 (N.I. 13).

[^c3860141]: S. 11(8) repealed (29.1.2001 for specified purposes otherwise 16.2.2001) by 2000 c. 2, s. 15, Sch. 7 Pt. I; S.I. 2001/116, art. 2(1)(2)

[^c3860231]: 1983 c. 2.

[^c3860241]: 1962 c. 14 (N.I.).

[^c3860251]: 1983 c. 2.

[^c3860261]: Words in s. 13(7) repealed (29.1.2001 for specified purposes and otherwise 16.2.2001) by 2000 c. 2, s. 15, Sch. 7 Pt. I; S.I. 2001/116, art. 2(1)(2)

[^c3860271]: Entries in Sch. 1 Pt. I inserted (29.1.2001 for specified purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(2)(7)(8); S.I. 2001/116, art. 2(1)(2)

[^c3860281]: Entries in Sch. 1 Pt. I substituted (29.1.2001 for specified purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(3)-(6); S.I. 2001/116, art. 2(1)(2)

[^c20068011]: Words in Sch. 1 Pt. 1 inserted (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 30(1), Sch. 4 para. 7(2)(a); S.I. 2006/2688, art. 3(2)(c)

[^c4187131]: Words in entry in Sch. 1 Pt. I substituted (1.9.2002) by Electoral Fraud (Northern Ireland) Act 2002 (c. 13), s. 7(2)(a); S.I. 2002/1648, art. 3

[^c20068021]: Words in Sch. 1 Pt. 1 substituted (14.5.2008) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 30(1), Sch. 4 para. 7(2)(b); S.I. 2008/1318, art. 2(2)(b)

[^c4187151]: Words in entry in Sch. 1 Pt. I inserted (1.9.2002) by Electoral Fraud (Northern Ireland) Act 2002 (c. 13), s. 7(2)(b); S.I. 2002/1648, art. 3

[^c20068041]: Sch. 1 Pt. 1: entry substituted (14.5.2008) for entries by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2), 30(1), 31, Sch. 4 para. 7(3); S.I. 2008/1318, art. 2(2)(b)

[^c3860341]: Words in entry in Sch. 1 Pt. I substituted (29.1.2001 for specified purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(9); S.I. 2001/116, art. 2(1)(2)

[^c3860351]: Sch. 1 Pt. II paras. 7, 7A substituted for para. 7 (29.1.2001 for specified purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 4(2); S.I. 2001/116, art. 2(1)(2)

[^c3860381]: Sch. 1 Pt. II paras. 7, 7A substituted for para. 7 (29.1.2001 for specified purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 4(2); S.I. 2001/116, art. 2(1)(2)

[^c3860401]: Sch. 1 Pt. II paras. 9-11 repealed (29.1.2001 for specified purposes and otherwise 16.2.2001) by 2000 c. 2, ss. 8, 15, Sch. 3 para. 4(3), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1)(2)

[^c3860421]: Sch. 1 Pt. II paras. 9-11 repealed (29.1.2001 for specifed purposes and otherwise 16.2.2001) by 2000 c. 2, ss. 8, 15, Sch. 3 para. 4(3), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1)(2)

[^c3860441]: Sch. 1 Pt. II paras. 9-11 repealed (29.1.2001 for specified purposes and otherwise 16.2.2001) by 2000 c. 2, ss. 8, 15, Sch. 3 para. 4(3), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1)(2)

[^c3860451]: Sch. 1 Pt. II para. 14(a)(b) substituted (29.1.2001 for specified purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 4(4); S.I. 2001/116, art. 2(1)(2)

[^c20068101]: Sch. 1 Pt. 2 para. 16 substituted (14.5.2008) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2), 30(1), 31, Sch. 4 para. 7(5); S.I. 2008/1318, art. 2

[^c20060381]: Sch. 1 applied (9.7.2003) by The Local and European Parliamentary Elections (Registration of Citizens of Accession States) Regulations 2003 (S.I. 2003/1557), reg. 4 (subject to reg. 2)

[^c3860491]: Words in Sch. 2 Pt. I substituted (19.2.2001) by 2000 c. 11, s. 125, Sch. 15 para. 7(3); S.I. 2001/421, art. 2

[^c3860521]: Words in Sch. 2 Pt. II substituted (19.2.2001) by 2000 c. 11, s. 125, Sch. 15 para. 7(3); S.I. 2001/421, art. 2

[^key-72d487b8d1109f23a6d501916b1de951]: Word in Sch. 2 Pt. 2 substituted (1.4.2010) by The Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010 (S.I. 2010/1178), arts. 1(2), 5(9)

[^key-2e8ff4a9c54e7fef38acc3052a0b04fa]: Words in s. 4 substituted (1.4.2010) by The Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010 (S.I. 2010/1178), arts. 1(2), 5(6)(a)

[^key-99d7d7565dc2b70f1e0674cfa54f2af7]: Word in s. 4 heading substituted (1.4.2010) by The Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010 (S.I. 2010/1178), arts. 1(2), 5(6)(b)

[^key-fdc523b34cd61081eaf386af7b914899]: Words in s. 6(1) substituted (1.4.2010) by The Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010 (S.I. 2010/1178), arts. 1(2), 5(7)

[^key-07053ac63a77d495fca5f26bf50c4be5]: Words in s. 7(4) substituted (1.4.2010) by The Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010 (S.I. 2010/1178), arts. 1(2), 5(8)(a)

[^key-458f27cb7029f114531e1a883ca50eb7]: Words in s. 7(4) substituted (1.4.2010) by The Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010 (S.I. 2010/1178), arts. 1(2), 5(8)(b)

[^key-516af6570e265a24ac8a1d834b37f8dd]: S. 6 applied (with modifications) (1.4.2012) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(3), Sch. 2 para. 8(3)Sch. 2 para. 8(4); S.R. 2012/142, art. 2(a)

[^key-9e090683e1e69af0bf69c89109bd7105]: Words in s. 10(1) substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809), art. 2(1), Sch. Pt. 1 (with art. 2(2))

[^key-8724a18478619761470b8cbd5843ce89]: Word in Sch. 1 Pt. 1 inserted (13.3.2014) by Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 20(3), 28(1)(e)

[^key-75e36d30bb9e7f7322649ed0069e41dc]: Word in Sch. 1 Pt. I inserted (13.5.2014) by Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 18(4), 28(4)

[^key-89d3bd597dd25ebfeb94e1f88d655073]: Words in Sch. 1 Pt. 1 inserted (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 8(2)

[^key-5f3b532212bafc56979865f3d4311b77]: Word in Sch. 1 Pt. 1 inserted (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 8(3)(a)

[^key-6bdf9266db5ceeadc3908243aefc649b]: Word in Sch. 1 Pt. 1 inserted (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 8(3)(b)

[^key-789ab3005e200a8ef108f7b48727fcba]: Words in Sch. 1 Pt. 1 inserted (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 8(4)

[^key-7bd3c6439fb49d26786c26f1925938df]: Words in Sch. 1 Pt. 1 substituted (1.10.2014) by Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 14(2)(a)(i), 28; S.I. 2014/2613, art. 2(2)(a)

[^key-dcbc765043acdb2e65f38844e6c1c799]: Sch. 1 para. 7(1) omitted (1.10.2014) by virtue of Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 14(2)(a)(ii), 28; S.I. 2014/2613, art. 2(2)(a)

[^key-da7f9317bb2b5d0f06766554bba9088b]: Sch. 1 para. 8A omitted (1.10.2014) by virtue of Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 16(2)(a), 28; S.I. 2014/2613, art. 2(2)(c)

Section 3A(1) and (4) to (7) (disfranchisement of offenders detained in mental hospitals).

Sections 5 and 6 (residence (general) and residence of merchant seamen).

Sections 14 to 17 (service qualifications and service declarations).

Section 3A(1) and (4) to (7) (disfranchisement of offenders detained in mental hospitals).

Section 4(3) to (6) (entitlement to be registered).

Expenses.

Sections 5 and 6 (residence (general) and residence of merchant seamen).

Sections 14 to 17 (service qualifications and service declarations).

Sections 5 and 6 (residence (general) and residence of merchant seamen).

Date

Minor and consequential amendments and repeals.

Section 3A(1) and (4) to (7) (disfranchisement of offenders detained in mental hospitals).

Sections 7 to 7C (residence of mental patients, and of persons remanded in custody, and declarations of local connection).

Sections 14 to 17 (service qualifications and service declarations).

Section 54(2) to (4) (expenses of registration).

Section 54(2) to (4) (expenses of registration).

Date

Sections 7 to 7C (residence of mental patients, and of persons remanded in custody, and declarations of local connection).

Sections 14 to 17 (service qualifications and service declarations).

Section 58 (registration appeals: Northern Ireland).

Date