LegalizeThe Local Elections (Northern Ireland) Order 2010
Rule 28 was substituted by S.I. 1987/168.
Rule 32 was amended by S.I. 2002/2835 and the Electoral Administration Act 2006 (c.22). It has been modified in the case of a combined election by paragraph 20 of the Schedule to the Elections Act 2001 (c.7) (“the 2001 Act”).
Section 13BA was inserted by section 6 of the Northern Ireland (Miscellaneous Provisions) Act 2006 (c.33).
Rule 34 was amended by S.I. 1995/1948; S.I. 2002/2835; S.I. 2003/1245; and paragraph 1 of Schedule 4 to the Northern Ireland (Miscellaneous Provisions) Act 2006. It has been modified in the case of a combined election by paragraph 21 of the Schedule to the 2001 Act.
1972 c.20. This Act was repealed by the Road Traffic (Consequential Provisions) Act 1988 (c.54).
Rule 41 was amended by S.I. 2001/417; the Electoral Administration Act 2006 (c.22); and the Northern Ireland (Miscellaneous Provisions) Act 2006 (c.33). It has also been modified in the case of a combined election by paragraph 25 of the Schedule to the Elections Act 2001 (c.7).
Rule 45 was amended by S.I. 2002/2835.
Rules 57 and 58 were both amended by paragraph 1 of Schedule 4 to the Northern Ireland (Miscellaneous Provisions) Act 2006 (c.33); and prior to that rule 58 had been amended by S.I. 2001/417.
Rule 61 has been modified in the case of a combined election by paragraph 28 of the Schedule to the Elections Act 2001 (c.7).
Rule 2 was amended by S.I. 1987/168 and paragraph 48 of Schedule 1 to the Electoral Administration Act 2006 (c.22).
The Notes to form 1 were amended by S.I. 2001/417.
Form 2 in the Appendix of Forms was amended by S.I.1995/1948 and by section 3 of, and Schedule 2 to, the Elected Authorities (Northern Ireland) Act 1989 (c.3).
Form 4 was amended by S.I. 2001/417 and paragraph 61 of Schedule 1 to the Electoral Administration Act 2006 (c.22).
Form 5 in the Appendix of Forms was amended by S.I.1990/595 and paragraph 61 of Schedule 1 to the Electoral Administration Act 2006 (c.22).
Form 5A was inserted for the purposes of a combined election by paragraph 29 of the Schedule to the Elections Act 2001 (c. 7).
Form 6 (Back of Card) in the Appendix of Forms was amended by S.I. 1991/1715.
Form 8 was amended by paragraph 61 of Schedule 1 to the Electoral Administration Act 2006 (c.22).
Form 9 was amended by S.I. 1987/168 and S.I. 2001/417.
S.I. 1985/454; Article 6 was amended by S.I. 1987/168.
1983 c.2; section 7 was substituted by section 4 of Representation of the People Act 2000 (c.2). Section 7(3)(aa) was inserted by section 12(1) of the Electoral Administration Act 2006 (c.22).
Part 1 of Schedule 2 was substituted by article 5(5) of S.I. 1987/168. Paragraph 6 of Part 1 of Schedule 2 was amended by S.I. 1992/809.
2001 c. 3 (NI); section 3 has been amended by S.I. 2007/3101.
2000 c. 41; section 6(3)(a) and (b) were amended by S.I. 2007/1388; sections 6A-F were inserted by section 29 of the Electoral Administration Act 2006 (c.22); section 6A(5)(d) was amended by S.I. 2007/1388.
Paragraphs 13 to 17C were substituted by S.I. 2002/2835.
Paragraph 19 was amended by S.I. 2002/2835.
S.I. 1985/454; Schedule 2 to the 1985 Order is amended by Schedule 2 to this Order.
S.I. 2008/1741; these Regulations were amended by S.I. 2010/278.
S.I. 2000 c.2 (“the 2000 Act”)
1983 c.2; section 13 was substituted by section 8 of, and Schedule 1 to, the 2000 Act; subsection (1) was subsequently substituted by section 5 of the Northern Ireland (Miscellaneous Provisions) Act 2006 (c.33); and section 13BA was inserted by section 6 of that Act.
Paragraph 15 is amended by paragraph 13 of Schedule 2 to this Order.
Editorial notes
2000 c. 41; amendments have been made to section 7 of this Act but those amendments are not relevant to this Order.
1998 c. 47; section 84 was amended by section 34(1) of the Elections Act 2001 (c. 7).
1962 c.14 (N.I.); section 11(5) was amended by S.I. 1992/810 (N.I.6).
1962 c. 14 (N.I.); relevant amendments are referenced in this Order.
Schedule 5 was substituted in its entirety by S.I. 1985/454; the local elections rules have been amended on numerous occasions since then and relevant amendments are referenced in this Order.
S.I. 1985/454; this Order has been amended by S.I. 1987/168; S.I. 1990/595; S.I. 1991/1715; S.I. 1992/809; S.I. 1997/867; S.I. 1998/3150; paragraph 31 of the Schedule to the Elections Act 2001 (c. 7) (a non-textual amendment); S.I. 2002/2835; and S.I. 2005/1969.
Section 11(1) was amended by S.I. 2009/225.
Section 14 was substituted, and sections 14A and 14B inserted, by S.I. 1972/1264 (N.I. 13). Functions conferred on the Governor, Minister and the Ministry of Finance were transferred in accordance with S.I. 1973/2163. Section 14 was subsequently amended by the Northern Ireland Assembly Disqualification Act 1975 (c. 25), the Elected Authorities (Northern Ireland) Act 1989 (c. 3) (“the 1989 Act”) and the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33); section 14A was subsequently amended by S.I. 1985/454 and the 1989 Act; and section 14B was amended by the 1989 Act.
Section 34(4) was amended by S.I. 1987/168.
Section 37 was amended by S.I. 1972/1264 (N.I.15) and S.I. 1987/168.
Section 39 was amended by S.I. 1972/1264 (N.I.15) and S.I. 1987/168.
Section 40 was amended by S.I. 1972/1264 (N.I.13).
Section 43 was amended by S.I. 1972/1264 and S.I. 1987/168.
Sections 52A and 52B are inserted by this Order.
Section 41 was amended by S.I. 1972/1264 (N.I.13); S.I. 1986/168; and S.I. 2001/417.
1990 c. 42; amendments have been made to this Act but they are not relevant to this Order.
1996 c. 55; amendments have been made to this Act but they are not relevant to this Order.
Section 46 was amended by S.I. 1972/1264 (N.I. 13) and S.I. 1987/168.
Section 47(4) was inserted by S.I. 1987/168.
The sum in section 52 was converted by virtue of the Decimal Currency Act 1969 (c.19); the section was amended by S.I. 1985/454 and S.I. 1987/168.
Section 53 was extended to apply to local elections by S.I. 1977/428. It was amended by S.I. 1985/454 and S.I. 2001/1149.
Section 57 was amended by S.I. 1972/1264 (N.I. 13).
Schedule 3 was repealed by the Elected Authorities (Northern Ireland) Act 1989 (c.3).
2000 c. 41. Relevant amendments to this Act were made by Schedules 6 and 7 of the Political Parties and Elections Act 2009 (c. 12).
Section 56 was amended by S.I. 2007/2501 and section 9 of the Political Parties and Elections Act 2009 (c. 12).
Section 54 was amended by S.I. 2001/1184; S.I. 2004/366; S.I. 2007/2501; S.I. 2009/185; S.I. 2009/1941; and sections 9, 10, 20 and 39 of the Political Parties and Elections Act 2009 (c. 12) (some of which amendments are not yet in force).
Section 162 was amended by S.I. 2004/366.
2000 c. 41; section 56 was amended by S.I. 2007/2501 and sections 9, 10, 12 and 39 of, and Schedule 6 to, the Political Parties and Elections Act 2009 (c. 12), although not all the amendments made by that Act are yet in force; section 57A was inserted by S.I. 2004/366 and repealed by S.I. 2009/185; and sections 58, 59 and 60 were amended by S.I. 2004/366.
2000 c. 41; paragraph 2 of Schedule 6 was amended by S.I. 2004/366; S.I. 2007/2501; and S.I. 2009/185.
1990 c. 42; amendments have been made to this Act but they are not relevant to this Order.
1996 c. 55; amendments have been made to this Act but they are not relevant to this Order.
Form 4 was amended by S.I. 1972/1264 (N.I.13) and S.I. 1985/454; form 5 was amended by S.I. 1985/45 and S.I. 1987/168; forms 1, 6, 7, 8, 9, 10, 11, 12, 14, 18, 19, 20 and 21 have been repealed and forms 13, 15, 16 and 17 are spent.
Section 96(1) was amended by S.I. 1972/538 (N.I.1) and the Justice (Northern Ireland) Act 2002 (c.26); subsections (3) and (4) were substituted, and subsection (3A) inserted, by S.I.2001/417; subsection (5) was inserted by S.I. 1987/168.
Section 105(1) was amended by S.I. 1981/1675 (N.I.26); subsection (8) was inserted by S.I. 1987/168.
Section 107(1A) was inserted by S.I. 1987/168.
Section 108(1) and (2) was amended by 1984/703 (N.I.3); subsection (2) was also amended by S.I. 1985/454; subsection (4) was inserted by S.I. 1987/168.
Section 111(1) was amended by S.I. 1984/703 (N.I.13); subsections (2) and (3) were amended by S.I. 1972/1264 (N.I.13); subsection (2A) was inserted, and subsection (3) amended, by S.I. 1987/168.
Section 112(1) was amended, and subsections (1A) to (1H) inserted, by S.I. 2001/417.
Paragraph 5A was inserted by S.I. 2001/417.
Paragraph 12A was inserted by S.I. 1985/454 and substituted by S.I. 1987/168.
Paragraph 25 was amended by Schedule 3 to the Elected Authorities (Northern Ireland) Act 1989 (c.3).
Paragraph 32A was inserted by S.I. 1987/168.
The references to the Northern Ireland Parliament in section 122 were substituted with references to the Northern Ireland Assembly by S.I. 1973/2163.
Section 129 was amended by S.I. 1987/168.
Section 130 was amended by the Electoral Law Act (Northern Ireland) 1968 (c.20) (N.I.); the Electoral Law Act (Northern Ireland) 1969 (c.26) (N.I.); S.I. 1972/1264 (N.I. 13); S.I. 1985/454; S.I. 1987/168; Schedule 3 to the Elected Authorities (Northern Ireland) Act 1989 (c. 3); S.I. 1995/1948; S.I. 2001/417; and, in relation to the definition of “Minister” and “Ministry”, the functions of the Minister and Ministry of Home Affairs were transferred to the Secretary of State by S.I. 1973/2163.
2000 c. 26; section 4 of that Act makes provision for the meaning of universal service provider.
Schedule 5 to the 1962 Act was substituted in its entirety by S.I. 1985/454; relevant amendments to those rules as substituted are referenced in the appropriate places in this Order.
Rule 5 was amended by S.I. 2001/417 and S.I. 2010/1178.
Rule 9(4) was inserted by paragraph 56 of Schedule 1 to the Electoral Administration Act 2006 (c.22).
Paragraphs (3) and (4) were amended, and paragraph (3A) inserted, by S.I. 2001/417; paragraph (3A) was amended by S.I. 2010/1178.
Rule 16 was amended by S.I. 1987/168; paragraph 59 of Schedule 1 to the Electoral Administration Act 2006 (c.22); and is modified in the case of a combined election by paragraph 15 of the Schedule to the Elections Act 2001 (c.7).
Rule 5A was inserted by S.I. 2001/417 and amended by S.I. 2010/1178.
Section 15 was amended by section 3 of the European Communities (Amendment) Act 1986 (c.58) and section 3 of the Elections Act 2001 (c.7); other amendments made to section 15 are not relevant to this Order.
Rule 20 has been amended in the case of a combined election by paragraph 16 of the Schedule to the Elections Act 2001 (c.7).
Rule 21 was amended by S.I. 1987/168 and, in the case of a combined election, by paragraph 17 of the Schedule to the Elections Act 2001 (c.7).
Rule 25 was amended by S.I. 1987/168 and, in the case of a combined election, by paragraph 18 of the Schedule to the Elections Act 2001 (c.7).
Rule 26 was amended by S.I. 2001/417 and, in the case of a combined election, by paragraph 19 of the Schedule to the Elections Act 2001 (c.7).
1985 c. 50; section 15 was amended by section 3 of the European Communities (Amendment) Act 1986 (c. 3) and section 3 of the Elections Act 2001 (c. 7). Other amendments made to this section are not relevant to this Order.
Rule 28 was substituted by S.I. 1987/168.
Rule 32 was amended by S.I. 2002/2835 and the Electoral Administration Act 2006 (c.22). It has been modified in the case of a combined election by paragraph 20 of the Schedule to the Elections Act 2001 (c.7) (“the 2001 Act”).
Section 13BA was inserted by section 6 of the Northern Ireland (Miscellaneous Provisions) Act 2006 (c.33).
Rule 34 was amended by S.I. 1995/1948; S.I. 2002/2835; S.I. 2003/1245; and paragraph 1 of Schedule 4 to the Northern Ireland (Miscellaneous Provisions) Act 2006. It has been modified in the case of a combined election by paragraph 21 of the Schedule to the 2001 Act.
1972 c.20. This Act was repealed by the Road Traffic (Consequential Provisions) Act 1988 (c.54).
Rule 41 was amended by S.I. 2001/417; the Electoral Administration Act 2006 (c.22); and the Northern Ireland (Miscellaneous Provisions) Act 2006 (c.33). It has also been modified in the case of a combined election by paragraph 25 of the Schedule to the Elections Act 2001 (c.7).
Rule 45 was amended by S.I. 2002/2835.
Rules 57 and 58 were both amended by paragraph 1 of Schedule 4 to the Northern Ireland (Miscellaneous Provisions) Act 2006 (c.33); and prior to that rule 58 had been amended by S.I. 2001/417.
Rule 61 has been modified in the case of a combined election by paragraph 28 of the Schedule to the Elections Act 2001 (c.7).
Rule 2 was amended by S.I. 1987/168 and paragraph 48 of Schedule 1 to the Electoral Administration Act 2006 (c.22).
The Notes to form 1 were amended by S.I. 2001/417.
Form 2 in the Appendix of Forms was amended by S.I.1995/1948 and by section 3 of, and Schedule 2 to, the Elected Authorities (Northern Ireland) Act 1989 (c.3).
Form 4 was amended by S.I. 2001/417 and paragraph 61 of Schedule 1 to the Electoral Administration Act 2006 (c.22).
Form 5 in the Appendix of Forms was amended by S.I.1990/595 and paragraph 61 of Schedule 1 to the Electoral Administration Act 2006 (c.22).
Form 5A was inserted for the purposes of a combined election by paragraph 29 of the Schedule to the Elections Act 2001 (c. 7).
Form 6 (Back of Card) in the Appendix of Forms was amended by S.I. 1991/1715.
Form 8 was amended by paragraph 61 of Schedule 1 to the Electoral Administration Act 2006 (c.22).
Form 9 was amended by S.I. 1987/168 and S.I. 2001/417.
S.I. 1985/454; Article 6 was amended by S.I. 1987/168.
1983 c.2; section 7 was substituted by section 4 of Representation of the People Act 2000 (c.2). Section 7(3)(aa) was inserted by section 12(1) of the Electoral Administration Act 2006 (c.22).
Part 1 of Schedule 2 was substituted by article 5(5) of S.I. 1987/168. Paragraph 6 of Part 1 of Schedule 2 was amended by S.I. 1992/809.
2001 c. 3 (NI); section 3 has been amended by S.I. 2007/3101.
2000 c. 41; section 6(3)(a) and (b) were amended by S.I. 2007/1388; sections 6A-F were inserted by section 29 of the Electoral Administration Act 2006 (c.22); section 6A(5)(d) was amended by S.I. 2007/1388.
Paragraphs 13 to 17C were substituted by S.I. 2002/2835.
Paragraph 19 was amended by S.I. 2002/2835.
S.I. 1985/454; Schedule 2 to the 1985 Order is amended by Schedule 2 to this Order.
S.I. 2008/1741; these Regulations were amended by S.I. 2010/278.
S.I. 2000 c.2 (“the 2000 Act”)
1983 c.2; section 13 was substituted by section 8 of, and Schedule 1 to, the 2000 Act; subsection (1) was subsequently substituted by section 5 of the Northern Ireland (Miscellaneous Provisions) Act 2006 (c.33); and section 13BA was inserted by section 6 of that Act.
Paragraph 15 is amended by paragraph 13 of Schedule 2 to this Order.
Sch. 3 modified (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(2), Sch. 8 para. 39
Sch. 3 modified (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(2), Sch. 8 para. 50(12)
Words in Sch. 3 para. 1(1) omitted (25.5.2018) by virtue of Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 364(2)(a) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
Words in Sch. 3 para. 5(3) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 364(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
Words in Sch. 3 para. 1(1) omitted (31.12.2020) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 89(b) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)
Words in Sch. 3 para. 1(1) inserted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 89(c) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)
Art. 6A inserted (31.10.2023) by The Local Elections (Northern Ireland) Order 2023 (S.I. 2023/1083), arts. 1(2), 4(2)
Sch. 2A inserted (31.10.2023) by The Local Elections (Northern Ireland) Order 2023 (S.I. 2023/1083), arts. 1(2), 4(3)
Sch. 1 para. 38 revoked (12.12.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 34(d); S.I. 2023/1234, reg. 2(e)(iv) (with reg. 3)
Sch. 3 para. 4(1)(d) and word inserted (4.4.2024) by The Local Elections (Northern Ireland) (Amendment) Order 2024 (S.I. 2024/382), arts. 1(2), 11(b) (with art. 1(3))
Word in Sch. 3 para. 4(1)(b) omitted (4.4.2024) by virtue of The Local Elections (Northern Ireland) (Amendment) Order 2024 (S.I. 2024/382), arts. 1(2), 11(a) (with art. 1(3))
Words in Sch. 3 para. 1(1) substituted (5.2.2026) by The Data (Use and Access) Act 2025 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/1331), regs. 2(3), 12(a); S.I. 2026/82, reg. 2(n)
Words in Sch. 3 para. 5(3) substituted (5.2.2026) by The Data (Use and Access) Act 2025 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/1331), regs. 2(3), 12(b); S.I. 2026/82, reg. 2(n)
Supply of date of birth lists to police and pursuant to a court order
6A
Schedule 2A to this Order (supply of date of birth lists to police and pursuant to a court order) has effect.
Access to marked registers and other documents after an election
Revocations
SCHEDULE2A — Supply of date of birth lists to police and pursuant to a court order
Interpretation
1
- (1) In this Schedule, “date of birth list” means a list prepared under rule 16B(1) of the Local Elections Rules (lists of electors’ and proxies’ dates of birth) and includes any part of such a list.
- (2) Any duty imposed by this Schedule on the Chief Electoral Officer for Northern Ireland to supply a date of birth list imposes only a duty to provide the list in the form in which the Chief Electoral Officer holds it.
Supply of date of birth lists to police forces and restrictions on use
2
- (1) The Chief Electoral Officer for Northern Ireland must, on receipt of a written request from a police force for a date of birth list—
- (a) if the request was for a copy of a date of birth list in printed form, provide the police force with a printed copy of the list specified in the request;
- (b) if the request was for a date of birth list in data form, provide the police force with the data form of the list specified in the request.
- (2) No person serving whether as a constable, officer or employee in a police force may—
- (a) supply a date of birth list, or a copy of such a list, to any person,
- (b) disclose any information contained in a date of birth list, or
- (c) make use of any such information,
otherwise than for the purpose of the prevention and detection of crime and the enforcement of the criminal law (whether in Northern Ireland or elsewhere).
- (3) The restrictions in sub-paragraph (2) apply to a person—
- (a) to whom a date of birth list (or copy) has been supplied under that sub-paragraph, or
- (b) to whom information in such a list has been disclosed under that sub-paragraph,
as they apply to the persons referred to in that sub-paragraph.
- (4) In this paragraph—
- (a) “police force” means—
- (i) the Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve,
- (ii) a police force in Great Britain,
- (iii) the National Crime Agency, or
- (iv) any body of constables established under an Act of Parliament;
- (b) the reference to an employee in a police force includes—
- (i) any person working or providing services for the police force, and
- (ii) any person employed by or on behalf of, or working for, a person referred to in paragraph (i).
Court orders for production of date of birth lists
3
- (1) The High Court, a county court or an election court may make an order for the inspection or production of a date of birth list, if satisfied by evidence on oath that the order is required for the purposes of—
- (a) instituting or maintaining a prosecution in relation to an election, or
- (b) an election petition.
- (2) An order under sub-paragraph (1) may be made subject to conditions, including conditions relating to—
- (a) the persons who may inspect the list or to whom the list may be produced,
- (b) the time of inspection or production, and
- (c) the place and mode of inspection or production.
- (3) An appeal lies to the High Court from any order of a county court or an election court under sub-paragraph (1).
- (4) A power to make an order under sub-paragraph (1)—
- (a) in the case of a power of the High Court, may be exercised by any judge of the court otherwise than in open court, and
- (b) in the case of a power of a county court, may be exercised in such manner as may be provided by rules of court.
- (5) Where an order is made for the production of a date of birth list relating to a specified election, the production of the list in such manner as directed by the order is to be conclusive evidence that the list relates to the specified election.
- (6) A third party who has inspected a date of birth list or to whom a date of birth list has been produced pursuant to an order under sub-paragraph (1) may not—
- (a) supply the list, or a copy of it, to any person,
- (b) disclose any information contained in it, or
- (c) make use of any such information,
otherwise than for the purposes of the proceedings in relation to which the order was made.
- (7) The restrictions in sub-paragraph (6) apply to a person—
- (a) to whom a date of birth list (or copy) has been supplied under that sub-paragraph, or
- (b) to whom information in such a list has been disclosed under that sub-paragraph,
as they apply to the third party to whom the list was first supplied.
- (8) In this paragraph—
- “election court” has the same meaning as in the 1962 Act (see section 72 of that Act);
- “third party” means a person other than a person to whom the Chief Electoral Officer for Northern Ireland may delegate functions.
Offence of failure to comply with restrictions under paragraphs 2 and 3
4
- (1) A person is guilty of an offence—
- (a) if they fail to comply with any of the restrictions imposed under paragraph 2 or 3, or
- (b) if they are an appropriate supervisor of a person (P) who fails to comply with any of those restrictions and they failed to take appropriate steps.
- (2) P is not guilty of an offence under sub-paragraph (1) if—
- (a) P has an appropriate supervisor, and
- (b) P has complied with all the requirements imposed on P by the appropriate supervisor.
- (3) A person who is not P or an appropriate supervisor is not guilty of an offence under sub-paragraph (1) if they take all reasonable steps to ensure that they comply with the restrictions.
- (4) For the purposes of this paragraph—
- (a) an appropriate supervisor is a person who is a director of a company or concerned in the management of an organisation in which P is employed or under whose direction or control P is;
- (b) appropriate steps are such steps as it was reasonable for the appropriate supervisor to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of a failure to comply with the restrictions.
- (5) A person guilty of an offence as mentioned in sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
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