The Representation of the People (Postal Vote Handling etc.) (Northern Ireland) (Amendment) Regulations 2024

Transitional provision for certain elections re-run on or after 7th May 2024

16.—(1) This regulation applies where—

(a) the date of poll for a local election or an Assembly election is on or before 6th May 2024,

(b) the proceedings with respect to the election are commenced afresh under—

(i) in the case of a local election, rule 62(3) or 63(3) of Schedule 5 to the Electoral Law Act (Northern Ireland) 1962 (proceedings commenced afresh by reason of an independent or party candidate’s death)(1);

(ii) in the case of an Assembly election, rule 61(4) or 63(3) of Schedule 1 to the Representation of the People Act 1983 (proceedings commenced afresh by reason of an independent or party candidate’s death) as applied and modified by the Northern Ireland Assembly (Elections) Order 2001(2), and

(c) the date of poll for the re-run election is on or after 7th May 2024.

(2) The amendments made by paragraphs 7, 8 and 10 of Schedule 8 to the Elections Act 2022 (amendments in relation to certain elections in Northern Ireland) are to be disregarded for the purposes of a person’s eligibility to stand as a candidate at the re-run election.

(3) In this regulation—

“Assembly election” means an election to the Northern Ireland Assembly;

“local election” means an election in a district electoral area for a local authority;

“re-run election” means an election in respect of which proceedings have been commenced afresh under a provision referred to in paragraph (1)(b).

(1)

1962 c. 14 (N.I.). Rules 62 and 63 were substituted by S.I. 2010/2977.

(2)

S.I. 2001/2599. Relevant amendments are made by S.I. 2009/256, which substituted Schedule 1 and applied with modifications rules 61 and 63 of Schedule 1 to the Representation of the People Act 1983. Rules 61 and 63 of Schedule 1 to the Representation of the People Act 1983 were substituted by section 24 of the Electoral Administration Act 2006 (c. 22) and rule 63 was amended by section 14(5) of the Electoral Registration and Administration Act 2013 (c. 6).