The New Northern Ireland Assembly (Elections) Order 1998

Application of certain provisions for Assembly elections

3.—(1) The provisions of the 1983 Act, the Elections (Northern Ireland) Act 1985(1) and the 1985 Act which are specified in the left-hand column of Schedule1 to this Order shall, subject to—

(a) any modifications and exceptions specified in relation to those provisions in the right-hand column of that Schedule, and

(b) the provisions of paragraph (3) below,

apply for the purposes of an Assembly election.

(2) The provisions of the 1986 Regulations, the Election Petition Rules 1964(2) and the Planning (Control of Advertisements) Regulations (Northern Ireland) 1992(3) which are specified in the left-hand column of Schedule2 to this Order shall, subject to—

(a) any modifications and exceptions specified in relation to those provisions in the right-hand column of that Schedule, and

(b) the provisions of paragraph (3) below,

apply for the purposes of an Assembly election.

(3) Unless the context otherwise requires, in the provisions applied by Schedules 1 and 2 to this Order—

(a) any reference to a parliamentary election (except the references specified in paragraph (5) below) shall be construed as a reference to an Assembly election and a reference to a parliamentary general election shall be construed as a reference to the initial elections to the Assembly to be held under section 2 of the 1998 Act;

(b) any reference to the parliamentary elections rules shall be construed as a reference to those rules as applied for the purposes of Assembly elections;

(c) any reference to a parliamentary elector shall be construed as a reference to an elector entitled to vote at an Assembly election and references to the register of electors shall be construed accordingly;

(d) any reference to a parliamentary election petition shall be construed as a reference to an Assembly election petition;

(e) any reference to an overseas elector shall be disregarded;

(f) any provision having effect only in Great Britain or any part of it, including a provision relating to a local government election or local government electors, shall be disregarded;

(g) any reference to a return in the context of a return to the writ of election and return to Parliament shall be construed as a reference to the declaration of result made by the returning officer under rule 50 of the elections rules;

(h) in the heading of forms G, H, J, K and L in Schedule2 to the 1986 Regulations, for the words “REPRESENTATION OF THE PEOPLE ACTS” there shall be substituted “NEW NORTHERN IRELAND ASSEMBLY ELECTION”; and

(i) any reference to an enactment or instrument made under an enactment shall be construed as a reference to that enactment or instrument as applied by this Order.

(4) Section 72 of the Post Office Act 1969(4) and section 35(2)(h) of the Judicature (Northern Ireland) Act 1978(5) shall apply in relation to an Assembly election and an Assembly election petition, respectively, as they apply in relation to a parliamentary election and a parliamentary election petition and as though—

(a) the references in those sections to the 1983 Act were references to that Act as applied by Schedule 1 to this Order; and

(b) the reference in section 72 to a sum charged on, and issued out of, the Consolidated Fund was a reference to a sum paid by the Secretary of State.

(5) The references to “parliamentary election” to which paragraph (3)(a) above does not apply are those in section 160(4) of the 1983 Act and the first reference in section 160(5) of that Act.

(1)

1985 c. 2.

(2)

S.R. & O. (N.I.) 1964 No. 28, as amended by S.R. & O. (N.I.) 1985 No. 347.

(3)

S.R. & O. (N.I.) 1992 No. 448.

(4)

1969 c. 48.

(5)

1978 c. 23; section 35(2)(h) was amended by Schedule 8 to the 1983 Act.