The Northern Ireland Assembly (Elections) (Amendment) Order 2009

Type Statutory-Instrument
Publication 2009-02-09
State In force
Department Queen's Printer of Acts of Parliament
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articles 2
Reform history JSON API

[^f00056]: Section 110 was substituted by Schedule 18 to the Political Parties, Elections and Referendums Act 2000 but the commencement of the new provisions now rests on an order to be made under section 2(1) of the Election Publications Act 2001 (c. 5); the original section 110(3)which has returned into force was amended by Schedule 3 to the 1985 Act.

[^f00057]: Section 118 was amended by paragraph 43 of Schedule 4 to the 1985 Act, section 135(1) of the Political Parties, Elections and Referendums Act 2000 and Schedule 18 to that Act.

[^f00058]: Section 118A was inserted by section 135(2) of the Political Parties, Elections and Referendums Act 2000.

[^f00059]: Subsections (2) and (3) of section 119 were substituted by section 19(4) of the 1985 Act; and subsection 119(2) was amended by paragraph 51 of Schedule 1 to the Electoral Administration Act 2006 (c. 22).

[^f00060]: Section 121(5) was amended by Schedule 8 to the Political Parties, Elections and Referendums Act 2000.

[^f00061]: Section 122(4) was amended by Schedule 4 to the 1985 Act and section 122(8) was repealed by Schedule 18 to the Political Parties, Elections and Referendums Act 2000.

[^f00062]: Section 124 was repealed in part by Schedule 5 to the 1985 Act.

[^f00063]: Section 126(3) was repealed in part by Schedule 5 to the 1985 Act and amended by Schedule 4 to that Act.

[^f00064]: Section 136 was amended by Schedule 4 to the 1985 Act and Schedule 18 to the Political Parties, Elections and Referendums Act 2000.

[^f00065]: Section 137 was substituted by Schedule 17 to the Political Parties, Elections and Referendums Act 2000.

[^f00066]: Section 138(1) was amended by Schedule 17 to the Political Parties, Elections and Referendums Act 2000.

[^f00067]: Section 140 was amended by paragraph 49 of Schedule 4 to the 1985 Act.

[^f00068]: Subsections (3) and (4) of section 141 were repealed by Schedule 5 to the 1985 Act and subsections (1)(a)(i) and (2)(a) were amended by paragraph 84 of Schedule 27 to the Civil Partnership Act 2004 (c. 33).

[^f00069]: Section 156 was amended by Schedule 4 to the 1985 Act.

[^f00070]: Section 157(5) was repealed by Schedule 22 to the Political Parties, Elections and Referendums Act 2000.

[^f00071]: Section 159(2) was repealed by Schedule 17 to the Political Parties, Elections and Referendums Act 2000.

[^f00072]: Words were omitted from subsection (1) of section 160 and subsection (2) was repealed by Schedule 5 to the 1985 Act; subsection (3) was substituted by Schedule 4 to that Act; subsections (4) to (5A) were substituted by Schedule 17 to the Political Parties, Elections and Referendums Act 2000 (c. 41) and subsections (4A) and (5A) were amended by paragraph 120 of Schedule 1 to the Electoral Administration Act 2006 (c. 22) and subsection (5B) was inserted by that provision.

[^f00073]: Sections 161 to 163 were repealed in part by Schedule 5 to the 1985 Act and amended by Schedule 4 to that Act.

[^f00074]: Section 167(1A) was inserted by paragraph 56 of Schedule 4 to the 1985 Act and subsection (4) was omitted, and subsection (5) was substituted, by Schedule 18 to the Political Parties, Elections and Referendums Act 2000.

[^f00075]: Subsection (1) of section 168 was substituted for subsections (1) to (4) by paragraph 8 of Schedule 3 to the 1985 Act and subsections (5) and (6) were repealed by Schedule 5 to that Act; subsection (1)(a) was amended by paragraph 121 of Schedule 1 to the Electoral Administration Act 2006 (c. 22).

[^f00076]: Section 169 was repealed in part by Schedule 5 to the 1985 Act and amended by paragraph 9 of Schedule 3 to that Act.

[^f00077]: Section 173 was substituted by section 136 of the Political Parties, Elections and Referendums Act 2000 and subsection (2) was amended by paragraph 122 of Schedule 1 to the Electoral Administration Act 2006 (c. 22).

[^f00078]: Section 174(6) was repealed by Schedule 22 to the Political Parties, Elections and Referendums Act 2000.

[^f00079]: Section 175(1) was amended by Schedule 21 to the Political Parties, Elections and Referendums Act 2000 and Schedule 3 to the 1985 Act.

[^f00080]: Section 176 was amended by Schedule 4 to the 1985 Act.

[^f00081]: Section 178 was substituted by Schedule 4 to the 1985 Act.

[^f00082]: Section 180A was inserted by Schedule 1 to the Representation of the People Act 2000 (c. 2).

[^f00083]: Subsections (1), (2) and (3) of section 181 were amended by Schedule 4 to the 1985 Act; 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).

[^f00084]: Section 184(1) was amended by Schedule 18 to the Political Parties, Elections and Referendums Act 2000.

[^f00085]: Section 185 was amended by Schedule 18 to the Political Parties, Elections and Referendums Act 2000.

[^f00086]: Section 199B was inserted by section 36 of the Electoral Administration Act 2006 (c. 22).

[^f00087]: Section 200(1) was substituted by paragraph 68 of Schedule 4 to the 1985 Act.

[^f00088]: Section 200A was inserted by Schedule 8 to the Postal Services Act 2000 (c. 26).

[^f00089]: Section 202(1) was amended by section 4(5) of, and paragraph 3 of Schedule 1 to, the 1985 Act and repealed in part by Schedule 5 to that Act; 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); and the definition of “registered political party” was inserted by Schedule 3 to the Greater London Authority Act 1999 (c. 29) and amended by Schedule 21 to the Political Parties, Elections and Referendums Act 2000; the definition of “absent voters list” was omitted by paragraph 128 of Schedule 1 to the Electoral Administration Act 2006 and the definition of “the postal voters list” and “the proxy postal voters list” were inserted by that provision; and the definition of “disability” as inserted by paragraph 76 of Schedule 1 to that Act.

[^f00090]: Section 205(1) was amended by Schedule 4 to the 1985 Act.

[^f00091]: Rule 2 was amended by section 19(5) of the 1985 Act and paragraph 52 of Schedule 1 to the Electoral Administration Act 2006 (c. 22).

[^f00092]: 1971 c. 80.

[^f00093]: Rule 5 was amended by Schedules 2 and 4 to the 1985 Act and Schedule 6 to the Representation of the People Act 2000 (c. 2) and paragraph (1A) was inserted by section 19 of the Electoral Administration Act 2006 (c. 22).

[^f00094]: Rule 6(3) was substituted by section 38(2) of the Political Parties, Elections and Referendums Act 2000; paragraph (3)(a) was amended by section 19 of the Electoral Administration Act 2006 (c. 22) and paragraph (2A) was inserted by section 21 of that Act.

[^f00095]: Rule 6A was inserted by Schedule 2 to the Registration of Political Parties Act 1998 (c. 48) and amended by section 38(3) of the Political Parties, Elections and Referendums Act 2000, paragraphs (1) and (2) were amended by paragraph 129 of Schedule 1 to the Electoral Administration Act 2006 (c. 22); paragraphs (1A) to (1C) were inserted by section 49(3) of the Electoral Administration Act 2006 (c. 22) and paragraph (3) was amended by section 52 of that Act and paragraph (4) was inserted by that provision.

[^f00096]: Rule 7(6) was substituted by Schedule 1 to the Representation of the People Act 2000 (c. 2).

[^f00097]: Rule 8 (3)(c) was inserted by section 22 of the Electoral Administration Act 2006 (c. 22).

[^f00098]: Rule 9(1) was amended by section 13 of the 1985 Act; rule 9(2) was amended by section 19 of the Electoral Administration Act; rule 9(3) was inserted by paragraph 75 of Schedule 4 to the 1985 Act.

[^f00099]: Rule 11 was amended by paragraph 83 of Schedule 1 to the Electoral Administration Act 2006 (c. 22).

[^f00100]: Rule 12 was amended by Schedule 2 to the Registration of Political Parties Act 1998 and by section 19(6) and (7) of, and paragraph 130 of Schedule 1 to, the Electoral Administration Act 2006 (c. 22).

[^f00101]: Rule 14(5) was inserted by Schedule 21 to the Political Parties, Elections and Referendums Act 2000 and amended by paragraph 131 of Schedule 1 to the Electoral Administration Act 2006 (c. 22).

[^f00102]: Rule 14A was inserted by section 19(8) of the Electoral Administration Act 2006 (c. 22).

[^f00103]: Rule 19(2)(d) was amended by Schedule 4 to the 1985 Act; paragraphs (2A) and (2B) were inserted by Schedule 2 to the Registration of Political Parties Act 1998 and paragraph (4) was inserted by section 30(2) of the Electoral Administration Act 2006, and paragraph (2) was amended by that section and paragraph 87 of Schedule 1 to that Act.

[^f00104]: Rule 19A was inserted section 31 of the Electoral Administration Act 2006 (c. 22).

[^f00105]: Rule 20 was amended by paragraph 88 of Schedule 1 to the Electoral Administration Act 2006 (c. 22).

[^f00106]: Rule 23 was substituted by Schedule 4 to the 1985 Act and paragraph (2A) was inserted by paragraph 3 of the Schedule to the Elections Act 2001 (c. 7).

[^f00107]: Rule 24 was substituted by Schedule 6 to the Representation of the People Act 2000 (c. 2) and then substituted by section 37 of the Electoral Administration Act 2006 (c. 22).

[^f00108]: Rule 26(3) was amended by section 2(2) of the Elections (Northern Ireland) Act 1985 (c. 2).

[^f00109]: Rule 28 was amended by section 4(6) of, and Schedule 2 to, the 1985 Act and paragraph 70 of Schedule 1 to the Electoral Administration Act 2006 (c. 22).

[^f00110]: Rule 29(3A) was inserted by section 13(2) of the Representation of the People Act 2000 (c. 2) and rule 29(5) was amended by Schedule 4 to the 1985 Act; sub-paragraph (3)(b) was omitted by paragraph 89 of Schedule 1 to the Electoral Administration Act 2006 (c. 22) and sub-paragraph (3)(e) was inserted by section 31(3) of that Act. Paragraph (7) was inserted by paragraph 6(2) of Schedule 4 to the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33).

[^f00111]: Rule 30(5) was repealed in part by Schedule 22 to the Political Parties, Elections and Referendums Act 2000.

[^f00112]: Rule 31 was substituted by Schedule 4 to the 1985 Act.

[^f00113]: Rule 31A was inserted by section 45(2) of the Electoral Administration Act 2006 (c. 22).

[^f00114]: S.I.2008/1741. The 2008 Regulations are applied to Assembly elections with modifications as appropriate by Schedule 2 to this Order. Paragraphs (5), (6) and (7) of regulation 86 are such modifications applied specifically to Assembly elections.

[^f00115]: Rule 32(1) was substituted by, and paragraph (1A) was inserted by, paragraph 84 of Schedule 1 to the Electoral Administration Act 2006 (c. 22).

[^f00116]: Rule 35 was substituted by paragraph 74 of Schedule 1 to the Electoral Administration Act 2006 (c. 22). Paragraph (2A) was inserted by paragraph 6(3) of Schedule 4 to the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33).

[^f00117]: Rule 36 was substituted by paragraph 132 of Schedule 1 to the Electoral Administration Act 2006 (c. 22).

[^f00118]: Rule 37(1) was amended by section 2(3)(a) of the Elections (Northern Ireland) Act 1985 (c. 2) and Schedule 4 to the 1985 Act; paragraph (1A) to (1G) were inserted by section 1(2) of the Elections (Northern Ireland) Act 1985; paragraph (1E) was amended by Schedule 3 to the Road Traffic (Consequential Provisions) Act 1986 (c. 54) and regulation 14 of S.I. 2001/400 and regulation 15 of S.I. 2008/1741; and paragraphs (1) and (2) were amended by paragraph 90 of Schedule 1 to the Electoral Administration Act 2006 (c. 22). Paragraph (1ZA) was inserted by paragraph 6(4) of Schedule 4 to the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33).

[^f00119]: Paragraph (1) of rule 38 was amended by section 2(3)(b) of the Elections (Northern Ireland) Act 1985 (c. 2) and paragraph (1A) was inserted by section 1(3) of that Act. Paragraph (1)(a) was also amended by paragraph 77 of Schedule 1 to the Electoral Administration Act 2006 (c. 22): paragraph (2) was amended by paragraph (2A) inserted by the Electoral Fraud (Northern Ireland) Act 2002 (c. 13). Paragraph (4) was inserted by paragraph 6(5) of Schedule 4 to the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33).

[^f00120]: Rule 39 was substituted by section 13(3) of the Representation of the People Act 2000 (c. 2). Paragraph (1) was amended by paragraph 78 of Schedule 1 to the Electoral Administration Act 2006 (c. 22): paragraph (2) was amended by and paragraph (2A) was inserted by the Electoral Fraud (Northern Ireland) Act 2002 (c. 13); paragraph (4B) was inserted by paragraph 6(6) of Schedule 4 to the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33).

[^f00121]: Paragraph (1)(b) of rule 40 was repealed in part by Schedule 5 to the 1985 Act; paragraphs (1A) to (1C) were inserted by section 1(5) of the Elections (Northern Ireland) Act 1985 (c. 2) and paragraphs (5) and (6) were inserted by section 1(6) of that Act. Paragraph (1ZA) to (1ZE) were inserted by section 38(1) and (2) of the Electoral Administration Act 2006 (c. 22) and paragraph (1ZF) was inserted, and paragraph (3) amended, by paragraph 81 of Schedule 1 to that Act. Paragraph (4C) was inserted by paragraph 6(7) of Schedule 4 to the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33).

[^f00122]: Rule 40A was inserted by section 2(4) of the Elections (Northern Ireland) Act 1985 (c. 2).

[^f00123]: Rule 41B was inserted by paragraph 6(8) of Schedule 4 to the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33).

[^f00124]: Rule 43(1)(f) was amended by section 13(4) of the Representation of the People Act 2000 (c. 2) and paragraph 79 of Schedule 1 to the Electoral Administration Act 2006 (c. 22); paragraph (1)(da) was inserted by section 31(4) of that Act. Paragraph (4) was inserted by paragraph 6(9) of Schedule 4 to the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33).

[^f00125]: Rule 44(2)(b) was amended by, and rule 44(2)(e) inserted by, paragraph 85 of Schedule 1 to the Electoral Administration Act 2006 (c. 22).

[^f00126]: Sections 10, 10A and 13A were substituted by Schedule 1 to the Representation of the People Act 2000 (c. 2) and amended by section 1 of the Electoral Fraud (Northern Ireland) Act 2002 (c. 13); section 10(4B) was amended by paragraph 105 of Schedule 1 to the Electoral Administration Act 2006 (c. 22); and section 10A(3A) and (5B) were inserted by section 12 of that Act and subsection (5) was amended by that provision; and subsection (1B) was amended by paragraph 106 of Schedule 1 to that Act.

[^f00127]: 1989 c. 3; Schedule 1 was amended by Schedule 3 to the Representation of the People Act 2000.

[^f00128]: Rule 53 was amended by section 13(b) of, and paragraph 83 of Schedule 4 to, the 1985 Act.

[^f00129]: Rule 54(2) was substituted by section 31(5) of the Electoral Administration Act 2006 (c. 22). Paragraph (3) was inserted by paragraph 6(10) of Schedule 4 to the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33).

[^f00130]: Rule 55(1)(c) was amended by section 13(4) of the Representation of the People Act 2000 (c. 2); paragraph (1B) was inserted by paragraph 95 of Schedule 1 to the Electoral Administration Act 2006; paragraph (1)(ca) was inserted by section 31(6) of the 2006 Act; and paragraph (1)(e) was amended by, and paragraph (1)(f) inserted by section 45(3) of the 2006 Act. Paragraph (5) was inserted by paragraph 6(11) of Schedule 4 to the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33).

[^f00131]: Rule 56(1)(b),(2) and(3) were amended by section 31(7) of the Electoral Administration Act 2006 (c. 22) and rule 56(7) was substituted by this provision; rule 56 was also amended by section 41 of that Act however, these amendments have effect subject to rule 59 as substituted by that section.

[^f00132]: Rule 57(1A) was inserted by paragraph 95 of the Electoral Administration Act 2006 (c. 22) and rule 57(3) was substituted by section 41(5), and paragraphs (4) to (9) were inserted by that section, the amendments made to rule 57 by section 41 must be read in the light of rule 59 as substituted by that section.

[^f00133]: Rules 60 to 65 were substituted for rule 60 by section 24 of the Electoral Administration Act 2006 (c. 22).

[^f00134]: The form of nomination paper has been amended by section 38(4) of the Political Parties, Elections and Referendums Act 2000 and the notes repealed in part by Schedule 1 to the Representation of the People Act 2000; the form was then substituted by section 21 of the Electoral Administration Act 2006 (c. 22) and paragraphs 2A and 2B of the notes following the form of nomination paper were inserted by that provision.

[^f00135]: The form of ballot paper was amended by section 31(9) of the Electoral Administration Act 2006 (c. 22).

[^f00136]: The directions as to printing the ballot paper were amended by section 30(3) of, and paragraph 87 of Schedule 1 to, the Electoral Administration Act 2006 (c. 22).

[^f00137]: The form of directions was substituted by Schedule 4 to the 1985 Act.

[^f00138]: The form of declaration to be made by the companion of a voter with disabilities was amended by section 13(5) of the 2000 Act and paragraph 80 of Schedule 1 to the Electoral Administration Act 2006 (c. 22).

[^f00139]: Schedule 2A was inserted by Schedule 16 to the Political Parties, Elections and Referendums Act 2000. Section 10(2) and paragraph 16 of Schedule 1 to the Electoral Administration Act 2006 (c. 22) amend Schedule 2A but these provisions do not extend to Northern Ireland.

[^f00141]: Schedule 4A to the Representation of the People Act 1983 was inserted by section 27 of the Electoral Administration Act 2006 (c. 22).

[^f00142]: Section 3(7) was amended by section 25(2) of the 1985 Act.

[^f00143]: Sections 5 to 9 were amended by Schedule 6 to the Representation of the People Act 2000 (c. 2).

[^f00144]: Part I was substituted by Schedule 2 to the Local Elections (Northern Ireland) (Amendment) Order 1987 (S.I. 1987/168).

[^f00145]: Section 8(3) was substituted by paragraph 7 of Schedule 2 to S.I. 1995/1948 and section 8(11) was repealed by Part IX of Schedule 27 to the Finance Act 1985 (c. 54).

[^f00146]: Section 27(1) was repealed in part by the Schedule to the European Communities (Amendment) Act 1986 (c. 58) and subsection (2) was amended by Schedule 6 to the Representation of the People Act 2000 (c. 2).

[^f00147]: S.I. 2008/1741

[^f00148]: 1971 c. 80.

[^f00149]: The Rules have been amended by S.R. & O. (N.I.) 1985 No.347.

[^f00150]: This provision has been amended but the amendment is not relevant to the subject matter of this Order.

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