Search Legislation

Electoral Law Act (Northern Ireland) 1962

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As enacted)

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Electoral Law Act (Northern Ireland) 1962. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Electoral Law Act (Northern Ireland) 1962

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

105Prosecution and trial of electoral misdemeanours.N.I.

(1)A corrupt practice shall be an indictable offence and shall not be triable before a county court; but, subject to sub-section (2), a person charged with a corrupt practice may if he so consents be tried summarily[F1 in accordance with Articles 45 and 46 of the Magistrates' Courts (Northern Ireland) Order 1981]. A person charged with personation shall not be convicted by a court of summary jurisdiction or, save by an election court, be committed for trial except on the evidence of not less than two credible witnesses.

(2)A person shall not be summarily prosecuted for any corrupt practice where there may be occasion to exercise the powers conferred by sub-section (2) or sub-section (3) of section one hundred and thirteen.

(3)A person charged with an illegal practice shall be tried summarily; and on a prosecution for an illegal practice it shall be sufficient to allege that the person charged was guilty of an illegal practice.

(4)Any person charged with a corrupt practice may, if the circumstances warrant such a finding, be found guilty of an illegal practice (which misdemeanour shall for that purpose be an indictable offence); and any person charged with an illegal practice may be found guilty of that misdemeanour notwithstanding that the act constituting the misdemeanour amounted to a corrupt practice, and a person charged with illegal payment, illegal employment or illegal hiring under paragraph 29, paragraph 30 or paragraph 31 of the Ninth Schedule may be found guilty of that offence notwithstanding that the act constituting the offence amounted to a corrupt or illegal practice.

(5)A person charged with an electoral offence other than the offences specified in paragraphs 24 to 26 of the Ninth Schedule shall be tried summarily and a person charged with any of the electoral offences specified in paragraphs 24 to 26 of that Schedule may be tried either on indictment or summarily.

(6)Subject to sub-section (3) of section one hundred and eight, an election court may in addition to any other functions conferred by this Act exercise for the purposes of this Act the powers of a court of summary jurisdiction.

(7)In this section the expression indictment includes criminal information.

[F2(8)In respect of the prosecution and trial of an electoral misdemeanour committed or alleged to have been committed at a local election, this section shall have effect subject to the following amendments:

(a)in subsection (1) the words, subject to subsection (2), and from A person charged with personation to the end of the subsection shall be omitted;

(b)subsections (2) and (6) shall be omitted; and

(c)in subsections (5) for the words the offences specified in paragraphs 24 to 26 there shall be substituted the offences specified in paragraph 26(2) and for the words charged with any of the electoral offences specified in paragraphs 24 to 26 there shall be substituted to whom section 111(2A)(c)(i) applies charged with the offence specified in paragraph 26(2).]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F11981 NI 26

F2SI 1987/168

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources