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The New Northern Ireland Assembly (Elections) Order 1998

Type Statutory-Instrument

Publication 1998-05-21

State In force

Department Queen's Printer of Acts of Parliament

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Made: 21st May 1998

Coming into force in accordance with article 1(2)

Now, therefore, in exercise of the powers conferred on me by sections 2(5) and (6), 3and 6(2)(b) of the Northern Ireland (Elections) Act 1998¹, I hereby make the following Order:—

Citation and commencement

1

(1) This Order may be cited as the New Northern Ireland Assembly (Elections) Order 1998.

(2) This Order shall come into force—

(a) on the day on which the provisions of the Northern Ireland (Elections) Act1998, other than sections 2(5) and (6), 3, 6 and 8, come into force by order under section 8(2) of that Act, or

(b) on the day after the day on which this Order is made,

whichever is the later.

Interpretation

2

Unless the context otherwise requires, in this Order and any provision applied by this Order—

“1962 Act” means the Electoral Law Act (Northern Ireland) 1962²;

“1983 Act” means the Representation of the People Act 1983³;

“1985 Act” means the Representation of the People Act 1985⁴;

“1998 Act” means the Northern Ireland (Elections) Act 1998;

“1985 Order” means the Local Elections (Northern Ireland) Order 1985⁵;

“1986 Regulations” means the Representation of the People (Northern Ireland) Regulations 1986⁶;

“Assembly” means the New Northern Ireland Assembly and “Assembly election” means an election to that Assembly;

“date of the poll” refers to the date set by section 2(1) of the 1998 Act or, in the caseofa by-election, the date set by the Chief Electoral Officer under article 7(2) below; and

“elections rules” means the rules in Schedule 1 to the 1983 Act, as applied by Schedule1 to this Order.

Application of certain provisions for Assembly elections

3

(1) The provisions of the 1983 Act, the Elections (Northern Ireland) Act 1985⁷ and the 1985 Act which are specified in the left-hand column of Schedule1 to this Order shall, subject to—

(a) any modifications and exceptions specified in relation to those provisions in the right-hand column of that Schedule, and

(b) the provisions of paragraph (3) below,

apply for the purposes of an Assembly election.

(2) The provisions of the 1986 Regulations, the Election Petition Rules 1964⁸ and the Planning (Control of Advertisements) Regulations (Northern Ireland) 1992⁹ which are specified in the left-hand column of Schedule2 to this Order shall, subject to—

(a) any modifications and exceptions specified in relation to those provisions in the right-hand column of that Schedule, and

(b) the provisions of paragraph (3) below,

apply for the purposes of an Assembly election.

(3) Unless the context otherwise requires, in the provisions applied by Schedules 1 and 2 to this Order—

(a) any reference to a parliamentary election (except the references specified in paragraph (5) below) shall be construed as a reference to an Assembly election and a reference to a parliamentary general election shall be construed as a reference to the initial elections to the Assembly to be held under section 2 of the 1998 Act;

(b) any reference to the parliamentary elections rules shall be construed as a reference to those rules as applied for the purposes of Assembly elections;

(c) any reference to a parliamentary elector shall be construed as a reference to an elector entitled to vote at an Assembly election and references to the register of electors shall be construed accordingly;

(d) any reference to a parliamentary election petition shall be construed as a reference to an Assembly election petition;

(e) any reference to an overseas elector shall be disregarded;

(f) any provision having effect only in Great Britain or any part of it, including a provision relating to a local government election or local government electors, shall be disregarded;

(g) any reference to a return in the context of a return to the writ of election and return to Parliament shall be construed as a reference to the declaration of result made by the returning officer under rule 50 of the elections rules;

(h) in the heading of forms G, H, J, K and L in Schedule2 to the 1986 Regulations, for the words “REPRESENTATION OF THE PEOPLE ACTS” there shall be substituted “NEW NORTHERN IRELAND ASSEMBLY ELECTION”; and

(i) any reference to an enactment or instrument made under an enactment shall be construed as a reference to that enactment or instrument as applied by this Order.

(4) Section 72 of the Post Office Act 1969¹⁰ and section 35(2)(h) of the Judicature (Northern Ireland) Act 1978¹¹ shall apply in relation to an Assembly election and an Assembly election petition, respectively, as they apply in relation to a parliamentary election and a parliamentary election petition and as though—

(a) the references in those sections to the 1983 Act were references to that Act as applied by Schedule 1 to this Order; and

(b) the reference in section 72 to a sum charged on, and issued out of, the Consolidated Fund was a reference to a sum paid by the Secretary of State.

(5) The references to “parliamentary election” to which paragraph (3)(a) above does not apply are those in section 160(4) of the 1983 Act and the first reference in section 160(5) of that Act.

Returning officer and registration officer

4

(1) The Chief Electoral Officer for Northern Ireland shall be the returning officer for each constituency.

(2) That Officer shall be the electoral registration officer for the purposes of the provisions applied by this Order (as he is for parliamentary and local elections).

(3) Section 14(5) and 14A(2) and (3) of the 1962 Act¹² (appointment of temporary deputy and delegation to assistants) shall have effect in relation to the Chief Electoral Officer in his capacity as returning officer and electoral registration officer under this Order.

Alterations to registers

5

(1) An alteration made to the register of electors after 3rd June 1998 shall be disregarded for the purposes of the poll on 25th June 1998.

(2) Section 11(3) of the 1983 Act¹³ (alterations to the register of elections) shall apply in relation to an Assembly by-election as it applies in relation to a parliamentary election.

Substitutes

6

(1) The Chief Electoral Officer (“the Officer”) shall act in accordance with this article where, after the election of the initial members of the Assembly—

(a) he has been notified by—

(i) an election court or the High Court under section 144 or 146 of the 1983 Act, as applied by article 3 of, and Schedule 1 to, this Order, or

(ii) the presiding officer of the Assembly under paragraph 7 of the Schedule to the 1998 Act,

that a vacancy exists in the seat of a member of the Assembly, and

(b) that member had given a notice under rule 8A of the elections rules (“the relevant notice”).

(2) The Officer shall take such steps as appear to him to be reasonable to contact the person whose name and address appear as the first choice in the relevant notice to ask that person whether he will state in writing that he is willing and able to be returned as a member of the Assembly.

(3) Where—

(a) within such period as the Officer considers reasonable—

(i) he decides that the steps he has taken to contact that person have been unsuccessful, or

(ii) he has not received from that person a statement in writing that he is willing and able to be returned as a member of the Assembly, or

(b) that person has stated in writing that he is not willing or able to be so returned,

the Officer shall repeat the procedure required by paragraph (2) above in respect of the person (if any) whose name and address appear as the second choice in the relevant notice or, where sub-paragraph (a) or (b) above applies in respect of that person, in respect of the person (if any) whose name and address appear as the third choice in that notice; and the Officer shall continue to repeat the procedure until the seat is filled or the names in the list exhausted.

(4) Where a person whose name and address appear in the relevant notice states in writing in response to the question from the Officer under paragraph (2) above (including that paragraph as applied by paragraph (3) above) that he is willing and able to be returned as a member of the Assembly, the Officer shall (subject to paragraph (5) below) declare that person to be so returned.

(5) Where under paragraph (3) above the Officer has asked the person whose name appears as the second or, as the case may be, other subsequent choice in the relevant notice the question set out in paragraph (2) above prior to the receipt of a statement from a person whose name appears as an earlier choice in that notice that he is willing and able to be returned as a member of the Assembly, that statement shall not have effect for the purposes of paragraph (4) above unless—

(a) the first-mentioned person has stated in writing that he is not willing and able to be so returned, or

(b) no statement in writing that he is willing and able to be so returned has been received from him by the Officer in response to the Officer’s question within such period as the Officer considers reasonable.

(6) The Officer shall give public notice of a declaration under paragraph (4) above and send it to the presiding officer of the Assembly.

By-elections

7

(1) This article applies where the Chief Electoral Officer has been notified by—

(a) an election court or the High Court under section 144 or 146 of the 1983 Act, as applied by article 3 of, and Schedule 1 to, this Order, or

(b) the presiding officer of the Assembly under paragraph 7 of the Schedule to the 1998 Act,

that a vacancy exists in the seat of a member of the Assembly and either article 6(1) above does not apply or no person has been declared a member to fill the vacancy under article 6(4) above.

(2) Where this article applies, the Chief Electoral Officer shall set a date as the date of the poll for a by-election to fill the vacancy.

(3) Subsections (2) (the franchise), (3) and (4) (method of election) of section 2 of the 1998 Act and the provisions of this Order (except article 6) shall apply to any by-election as they apply to the election of the initial members of the Assembly.

SCHEDULE 1 — APPLICATION WITH MODIFICATIONS OF PROVISIONS OF THE 1983 ACT, THE ELECTIONS (NORTHERN IRELAND) ACT 1985 AND THE 1985 ACT

ANNEX TO APPENDIX OF FORMS — Form of ballot paper

Form of front of ballot paper

Form of back of ballot paper

SCHEDULE 2 — APPLICATION AND MODIFICATION OF PROVISIONS OF THE 1986 REGULATIONS, THE ELECTION PETITIONS RULES 1964 AND THE PLANNING (CONTROL OF ADVERTISEMENTS) REGULATIONS (NORTHERN IRELAND) 1992

Signed

Marjorie Mowlam — One of Her Majesty’s Principal Secretaries of State — 21st May 1998

Explanatory note

(This note is not part of the Order)

This Order provides for the conduct of the election of the initial members of the New Northern Ireland Assembly established under section 1 of the Northern Ireland (Elections) Act 1998 and for the conduct of any by-election.

Paragraphs (1) and (2) of article 3 of the Order apply with the modifications set out in the right-hand columns of Schedules 1 and 2 to the Order the provisions of the Representation of the People Acts 1983 and 1985 and the Representation of the People (Northern Ireland) Regulations 1986 which are listed in the left-hand columns of those Schedules. Section 3 (offences) of the Elections (Northern Ireland) Act 1985, the Election Petition Rules 1964 (as amended) and provisions of the Planning (Control of Advertisements) Regulations (Northern Ireland) 1992 relating to election notices have also been applied. In addition to the specific modifications in Schedules 1 and 2, general modifications are made by article 3(3).

Article 6 of this Order (together with rule 8A of the elections rules in Schedule 1 to the 1983 Act, as inserted by Schedule 1 to this Order) provides for a system of substitutes to avoid the need for a by-election where the seat of a candidate returned at the initial election of members of the Assembly falls vacant. Article 7 provides for by-elections where a seat cannot be filled by these means.

Footnotes

S.R. & O. (N.I.) 1964 No. 28, as amended by S.R. & O. (N.I.) 1985 No. 347.

S.R. & O. (N.I.) 1992 No. 448.

1969 c. 48.

1978 c. 23; section 35(2)(h) was amended by Schedule 8 to the 1983 Act.

Sections 14 and 14A were substituted by article 6 of the Electoral Law (Northern Ireland) Order 1972 (S.I. 1972/1264) (N.I. 13).

Section 11(3) was substituted by Schedule 4 to the 1985 Act.

Section 18(7) was amended by paragraph 4(4) of Schedule 4 to the Act of 1985.

Section 29 was amended by the Representation of the People Act 1991 (c. 11) and the Transfer of Functions (Returning Officers' Charges) Order 1991 (S.I. 1991/1728).

Subsections (1) (d) and (3) of section 49 were repealed by Schedule 5 to the Act of 1985 and subsection (5) was substituted by Schedule 2 to the Local Government Elections (Changes to the Franchise and Qualification of Members) Regulations 1995 (S.I. 1995/1948).

Section 52(5) was substituted by paragraph 12 of Schedule 4 to the Act of 1985.

Section 54 was amended by Schedule 4 to the 1985 Act.

Section 61 was amended by paragraph 2 of Schedule 2 to the Act of 1985 and subsection (6A) was inserted by section 2(5) of the Elections (Northern Ireland) Act 1985(c. 2).

Section 63 was substituted by paragraph 19 of Schedule 4 to the Act of 1985.

Subsections (3) and (4) of section 65 were substituted by paragraph 2 of Schedule 3 to the Act of 1985.

Section 66(6) was amended by paragraph 3 of Schedule 3 to the Act of 1985.

Section 67(4) was amended by paragraph 20 of Schedule 4 to the Act of 1985.

Section 68(3) was amended by paragraph 21 of Schedule 4 to the Act of 1985.

Section 69(1)(a) was amended by paragraph 22 of Schedule 4 to the Act of 1985.

Subsection (3A) of section 70 was inserted by paragraph 23 of Schedule 4 to the Act of 1985.

Section 73(2) was amended by section 14(1) of the Act of 1985.

Section 74(1) was amended by section 14(2) of the Act of 1985.

The sum in subsection (1) (ii) of section 75 was substituted by section 14(3) of the Act of 1985; paragraph (i) of that subsection was amended by Schedule 20 to the Broadcasting Act 1990 (c. 42) and Schedule 10 to the Broadcasting Act 1996 (c. 55) and subsections (2), (4) and (5) were amended by paragraph 24 of Schedule 4 to the Act of 1985.

The sums in section 76(2) were substituted by S.I. 1997/879 and section 76(3) was repealed by Schedule 5 to the Act of 1985.

Subsections (1) and (4) of section 78 were amended by paragraph 26 of Schedule 4 to the Act of 1985.

Subsections (1) and (4) of section 79 were amended by paragraph 26 of Schedule 4 to the Act of 1985.

Section 81 was amended by paragraph 27 of Schedule 4 to the Act of 1985.

Section 82 was amended by paragraph 28 of Schedule 4 to the Act of 1985.

Subsection (1A) of section 86 was inserted by paragraph 30(a) of Schedule 4 to the Act of 1985 and subsection (2) amended by paragraph 30(b) of that Schedule.

Section 87(3) was amended by paragraph 31 of Schedule 4 to the Act of 1985.

Section 88 was amended by paragraph 32 of Schedule 4 to the Act of 1985.

Section 89 was amended by paragraph 33 of Schedule 4 to the Act of 1985.

Section 91(1) was substituted by paragraph 34 of Schedule 4 to the 1985 Act.

Section 92(1) was substituted by Schedule 20 to the Broadcasting Act 1990 (c. 42).

Section 94 was amended by paragraph 36 of Schedule 4 to the Act of 1985 but the amendments are not relevant to this Order.

Section 99(2) was substituted by paragraph 4 of Schedule 3 to the 1985 Act.

Section 100(2) was amended by paragraph 5 of Schedule 3 to the Act of 1985.

Section 103(2) was repealed by Schedule 5 to the Act of 1985.

Section 104(b) was repealed in part by Schedule 5 to the Act of 1985.

Section 106(4) was repealed by Schedule 5 to the 1985 Act.

Section 108(3) was repealed by Schedule 5 to the 1985 Act and section 108(4) amended by Schedule 4 to that Act.

Section 110(3) was amended by paragraph 6 of Schedule 3 to the Act of 1985.

Section 118 was amended by paragraph 43 of Schedule 4 to the Act of 1985.

Subsections (2) and (3) of section 119 were substituted by section 19(4) of the Act of 1985.

Section 122(4) was amended by paragraph 44 of Schedule 4 to the Act of 1985.

Section 124 was repealed in part by Schedule 5 to the Act of 1985.

Section 126(3) was repealed in part by Schedule 5 to the Act of 1985 and amended by paragraph 47 of Schedule 4 to that Act.

Section 136 was amended by paragraph 48 of Schedule 4 to the Act of 1985.

Section 140 was amended by paragraph 49 of Schedule 4 to the Act of 1985.

Subsections (3) and (4) of section 141 were repealed by Schedule 5 to the Act of 1985.

Section 148(4)(a) was repealed in part by Schedule 5 to the Act of 1985.

Section 149 was amended by paragraph 7 of Schedule 3 to the Act of 1985.

Section 156 was amended by paragraph 51 of Schedule 4 to the Act of 1985.

In section 160, subsection (2) and part of subsection (1) were repealed by Schedule 5 to the Act of 1985 and subsection (3) was substituted by paragraph 52(b) of Schedule 4 to that Act.

Sections 161 to 163 were repealed in part by Schedule 5 to the 1985 Act and amended by Schedule 4 to that Act.

Section 167(1A) was inserted by paragraph 56 of Schedule 4 to the Act of 1985.

Subsection (1) of section 168 was substituted for subsections (1) to (4) by paragraph 8 of Schedule 3 to the Act of 1985 and subsections (5) and (6) were repealed by Schedule 5 to that Act.

Section 169 was repealed in part by Schedule 5 to the Act of 1985 and amended by paragraph 9 of Schedule 3 to that Act.

Section 173(a) was repealed in part by Schedule 5 to the 1985 Act.

Section 175(1) was amended by paragraph 10 of Schedule 3 to the Act of 1985.

Section 176 was amended by paragraph 61 of Schedule 4 to the Act of 1985.

Section 178 was substituted by paragraph 62 of Schedule 4 to the Act of 1985.

Subsections (1), (2) and (3) of section 181 were amended by paragraph 63 of Schedule 4 to the Act of 1985; subsection (6) was repealed in part by Schedule 5 to that Act, and subsection (8) was repealed by Schedule 2 to the Prosecution of Offences Act 1985 (c. 23).

Section 200(1) was substituted by paragraph 68 of Schedule 4 to the Act of 1985.

Section 202(1) was amended by section 4(5) of, and paragraph 3 of Schedule 2 to, the Act of 1985 and repealed in part by Schedule 5 to that Act, and the definitions of “citizen of the Union” and “relevant citizen of the Union” were inserted by regulation 4(2) of the Local Government Elections (Changes to the Franchise and Qualification of Members) Regulations 1995 (S.I. 1995/1948).

Section 205(1) was amended by paragraph 72 of Schedule 4 to the Act of 1985.

Rule 2 was amended by section 19(5) of the Act of 1985.

1971 c. 80.

Rule 5 was amended by paragraph 4 of Schedule 2 to, and paragraph 74 of Schedule 4 to, the Act of 1985.

Rule 9 was amended by section 13 of, and paragraph 75 of Schedule 4 to, the Act of 1985.

Rule 19(2)(d) was amended by paragraph 76 of Schedule 4 to the Act of 1985.

Paragraph (2) of rule 23 was amended by paragraph 77(a) of Schedule 4 to the Act of 1985 and paragraph (3) omitted by paragraph 77(b) of that Schedule.

Rule 24 was amended by paragraph 5 of Schedule 2 to, and paragraph 78 of Schedule 4 to, the Act of 1985.

Rule 26(3) was amended by section 2(2) of the Elections (Northern Ireland) Act 1985 (c. 2).

Rule 28 was amended by section 4(6) of, and paragraph 6 of Schedule 2 to, the Act of 1985.

Rule 29(5) was amended by paragraph 79 of Schedule 4 to the Act of 1985.

Rule 31 was substituted by paragraph 80 of Schedule 4 to the Act of 1985.

Paragraph (1) of rule 37 was amended by section 2(3)(a) of the Elections (Northern Ireland) Act 1985 and paragraph 81 of Schedule 4 to the Act of 1985, paragraphs (1A) to (1G) were inserted by section 1(2) of the Elections (Northern Ireland) Act 1985, and paragraph (1E) was amended by S.I. 1986/1091, Schedule 3 to the Road Traffic (Consequential Provisions) Act 1986 (c. 54) and S.I. 1991/1674.

Paragraph (1) of rule 38 was amended by section 2(3)(b) of the Elections (Northern Ireland) Act 1985 and paragraph (1A) was inserted by section 1(3) of that Act.

Paragraph (2) of rule 39 was amended by section 2(3)(c) of the Elections (Northern Ireland) Act 1985 and paragraph (2A) was inserted by section 1(4) of that Act.

Paragraph (1)(b) of rule 40 was repealed in part by Schedule 5 to the Act of 1985; paragraphs (1A) to (1C) were inserted by section 1(5) of the Elections (Northern Ireland) Act 1985 and paragraphs (5) and (6) were inserted by section 1(6) of that Act.

Rule 40A was inserted by section 2(4) of the Elections (Northern Ireland) Act 1985.

Rule 53 was amended by section 13(b) of, and paragraph 83 of Schedule 4 to, the 1985 Act.

The form of directions was substituted by paragraph 86 of Schedule 4 to the Act of 1985.

Regulation 4 has been amended, but the amendments are not relevant to the subject matter of this Order.

Regulation 7 has been amended by S.I. 1990/561.

Regulation 11 has been amended by S.I. 1990/561.

Regulation 54 was amended by S.I. 1990/561.

Regulation 55 was amended by S.I. 1989/1304 and S.I. 1990/561.

Regulation 56 was amended by S.I. 1990/561.

Regulation 63(1) was amended by S.I. 1990/561.

Regulation 66 was amended by S.I. 1990/561 and S.I. 1997/967.

1997 c. 24.

100

Regulation 69 was amended by S.I. 1990/561 and S.I. 1997/967.

101

1971 c. 80.

102

Regulation 91 was amended by S.I. 1990/561.

103

Regulation 95 was amended by S.I. 1990/561.

104

Forms E and F were amended by S.I. 1991/1674.

105

Form H was amended by S.I. 1990/561.

106

The rules have been amended by S.R. & O. (N.I.) 1985 No. 347.

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