Northern Ireland (Miscellaneous Provisions) Act 2006

Electoral Law Act (Northern Ireland) 1962 (c. 14 (N. I.))

1 (1) Amend Schedule 5 (local elections rules) as follows.

(2) In rule 26 (equipment of polling stations), after paragraph (3) insert—

“(3ZA) The reference in paragraph (3)(c) to the copies of the register of electors includes a reference to copies of any notices issued in respect of alterations to the register under section 13BA(9) of the 1983 Act.

(3ZB) In this Schedule “section 13BA(9) of the 1983 Act” means section 13BA(9) of the Representation of the People Act 1983 (as applied by Schedule 1 to the Elected Authorities (Northern Ireland) Act 1989).”

(3) In rule 34 (voting procedure), after paragraph (1) insert—

“(1A) In the case of an elector who is added to the register in pursuance of a notice issued under section 13BA(9) of the 1983 Act, paragraph (1) is modified as follows—

(a) in sub-paragraph (b), for “copy of the register of electors” substitute “copy of the notice issued under section 13BA(9) of the 1983 Act”;

(b) in sub-paragraph (d), for “in the register of electors” substitute “on the copy of the notice issued under section 13BA(9) of the 1983 Act”.”

(4) In rule 35 (votes marked by presiding officer), after paragraph (6) insert—

“(7) In the case of a person in respect of whom a notice has been issued under section 13BA(9) of the 1983 Act, paragraph (3) applies as if for “on the register of electors of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section 13BA(9) of the 1983 Act”.”

(5) In rule 36 (voting by persons with disabilities), after paragraph (4) insert—

“(4A) In the case of a person in respect of whom a notice has been issued under section 13BA(9) of the 1983 Act, paragraph (4) applies as if for “in the register of electors of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section 13BA(9) of the 1983 Act”.”

(6) In rule 37 (tendered ballot papers), after paragraph (4) insert—

“(4A) This rule applies in the case of a person in respect of whom a notice has been issued under section 13BA(9) of the 1983 Act as if—

(a) in paragraphs (1)(a), (1A)(a) and (1D)(a), for “named on the register” there were substituted “in respect of whom a notice under section 13BA(9) of the 1983 Act has been issued”;

(b) in paragraph (5)(b), for “his number in the register of electors” there were substituted “the number relating to him on a notice issued under section 13BA(9) of the 1983 Act”;

(c) in paragraph (6), for “his number on the register of electors” there were substituted “the number relating to him on a notice issued under section 13BA(9) of the 1983 Act”.”

(7) After rule 39 (spoilt ballot papers) insert—

“Correction of errors on day of poll

39A The presiding officer shall keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made by virtue of section 13BA(9) of the 1983 Act which takes effect on the day of the poll.”

(8) In rule 41 (procedure on close of poll)—

(a) in paragraph (1)(d), after “electors” insert “(including any marked copy notices issued under section 13BA(9) of the 1983 Act)”, and

(b) in paragraph (1)(f), after ““unable to read”,” insert “the list maintained under rule 39A,”.

(9) In rule 57 (sealing up of ballot papers), in paragraph (2), after “marked copies of the register of electors” insert “(including any marked copy notices issued under section 13BA(9) of the 1983 Act)”.

(10) In rule 58 (forwarding of documents)—

(a) in paragraph (1)(c), after “and the related statements,” insert “the lists maintained under rule 39A,”, and

(b) in paragraph (1)(e), after “registers” insert “(including any marked copy notices issued under section 13BA(9) of the 1983 Act)”.