Electoral Law Act (Northern Ireland) 1962

Publication of nominations N.I.

12 (1) The returning officer shall prepare and publish a statement showing the persons who have been and stand nominated in each district electoral area and any other persons who have been nominated, with the reason why they no longer stand nominated.

(2) The statement shall show the names, addresses and descriptions of the persons nominated as given in their nomination papers [F1 and home address forms], together with the names of the persons subscribing those papers.

[F2 (2ZA) Paragraph (2ZB) applies in relation to a person nominated whose home address form (or, if the person is nominated by more than one nomination paper, any of whose home address forms) contains the statement mentioned in rule 5(6).

(2ZB) The reference in paragraph (2) to the person’s address is to be read as a reference to the information stated in the form under rule 5(7).]

[F3 (2A) If a person's nomination paper gives a commonly used surname or forename [F4 in accordance with rule 5(2A)], the statement must show the person's commonly used surname or forename (as the case may be) instead of [F5 the other surname or forename].

(2B) Paragraph (2A) does not apply if the returning officer thinks—

(a) that the use of the person's commonly used name may be likely to mislead or confuse electors, or

(b) that the commonly used name is obscene or offensive.

(2C) If paragraph (2B) applies, the returning officer must give notice in writing to the candidate of the reason for refusing to allow the use of the commonly used name.]

(3) The statement shall show the persons standing nominated arranged alphabetically in the order of their surnames, and, if there are two or more of them with the same surname, of their other names.

[F6 (3A) Where—

(a) two or more of the names shown in the statement are the same or so similar as to be likely to cause confusion,

(b) paragraph (2ZA) applies in relation to each of the persons in question, and

(c) the information mentioned in rule 5(7) is the same for each of them,

the returning officer may cause any of their particulars to be shown on the statement with such amendments or additions as the officer thinks appropriate in order to reduce the likelihood of confusion.

(3B) Where it is practicable to do so before the publication of the statement, the returning officer must consult any person whose particulars are to be amended or added to under paragraph (3A).

(3C) The returning officer must give notice in writing to any person whose particulars are amended or added to under paragraph (3A).

(3D) Anything done by the returning officer in pursuance of paragraph (3A) must not be questioned in any proceedings other than proceedings on an election petition.

(3E) The returning officer must have regard to any guidance issued by the Electoral Commission for the purposes of paragraph (3A).]

(4) In the case of a person nominated by more than one nomination paper, the returning officer shall take the particulars required by the foregoing provisions of this rule from such one of the papers as the candidate (or the returning officer in default of the candidate) may select.

[F7 (4A) In the case of a person for whom more than one home address form has been submitted, the returning officer must take the particulars required by the provisions of this rule from such one of the forms as the candidate (or the returning officer in default of the candidate) may select.]

[F8 (5) After the close of the poll, the Chief Electoral Officer must retain the statement of persons nominated in respect of each district electoral area.

(6) The statements must be retained until at the next local general election the results are declared under rule 56.]

F1 Words in Sch. 5 rule 12(2) inserted (13.7.2020) by The Local Elections (Northern Ireland) (Amendment) Order 2020 (S.I. 2020/635), arts. 1(2), 6(a) (with art. 1(3))

F2 Sch. 5 rule 12(2ZA)(2ZB) inserted (13.7.2020) by The Local Elections (Northern Ireland) (Amendment) Order 2020 (S.I. 2020/635), arts. 1(2), 6(b) (with art. 1(3))

F3 Sch. 5 rule 12(2A)-(2C) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 52(2) (with art. 1(3))

F4 Words in Sch. 5 rule 12(2A) substituted (1.11.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 8(a); S.I. 2023/1145, reg. 3(h)(ii) (with Sch. para. 1(2))

F5 Words in Sch. 5 rule 12(2A) substituted (1.11.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 8(b); S.I. 2023/1145, reg. 3(h)(ii) (with Sch. para. 1(2))

F6 Sch. 5 rule 12(3A)-(3E) inserted (13.7.2020) by The Local Elections (Northern Ireland) (Amendment) Order 2020 (S.I. 2020/635), arts. 1(2), 6(c) (with art. 1(3))

F7 Sch. 5 rule 12(4A) inserted (13.7.2020) by The Local Elections (Northern Ireland) (Amendment) Order 2020 (S.I. 2020/635), arts. 1(2), 6(d) (with art. 1(3))

F8 Sch. 5 rule 12(5)(6) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 52(3) (with art. 1(3))