The Representation of the People (Timing of the Canvass) (Northern Ireland) Order 2010

Draft Order laid before Parliament under section 10ZA(7) of the Representation of the People Act 1983, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2010 No.

Representation Of The People, Northern Ireland

The Representation of the People (Timing of the Canvass) (Northern Ireland) Order 2010

Made

***

Coming into force

in accordance with Article 1

In accordance with section 10ZA(5) of the Representation of the People Act 1983(1) (“the 1983 Act”) the Chief Electoral Officer for Northern Ireland, on 9th October 2009, made a recommendation to the Secretary of State against a canvass being conducted in the year 2010 for the purpose of meeting the relevant registration objectives(2).

Having considered that recommendation in accordance with section 10ZA(5)(b) of the 1983 Act, the Secretary of State is satisfied that the public interest does not require a canvass to be conducted for that purpose.

A draft of this Order has been laid before and approved by a resolution of each House of Parliament in accordance with section 10ZA(7) of the 1983 Act.

Accordingly, the Secretary of State, in exercise of the power conferred by section 10ZA(1) of the 1983 Act makes the following Order:

Citation and commencement

1.  This Order may be cited as the Representation of the People (Timing of the Canvass) (Northern Ireland) Order 2010 and shall come into force on the day after the day on which it was made.

Timing of canvass

2.  The Chief Electoral Officer for Northern Ireland shall not, under section 10ZA(1)(a) of the Representation of the People Act 1983, be required to conduct a canvass in the year 2010.

Name

Minister of State

Northern Ireland Office

Date

EXPLANATORY NOTE

(This note is not part of the Order)

By virtue of section 10ZA of the Representation of the People Act 1983 (“the 1983 Act”), the Chief Electoral Officer for Northern Ireland is required to conduct a canvass in Northern Ireland in the year 2010. However, if, on or before 15 April 2010, the Chief Electoral Officer makes a recommendation to the Secretary of State against a canvass being conducted in 2010 for the purpose of meeting the relevant registration objectives (which are set out in section 10ZB of the 1983 Act), the Secretary of State can, by Order, make provision that that requirement shall not apply. Before doing so the Secretary of State must be satisfied, having considered the recommendation, that the public interest does not require a canvass to be conducted for that purpose.

In October 2009 the Secretary of State received such a recommendation from the Chief Electoral Officer and, having considered it, was satisfied that the public interest did not require a canvass to be conducted for the purpose of meeting the relevant registration objectives. This Order therefore provides that the Chief Electoral Officer need not conduct a canvass in 2010.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.

(1)

1983 c.2; section 10ZA was inserted in respect of Northern Ireland by section 3 of the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33).

(2)

The relevant registration objectives are set out in section 10ZB of the Representation of the People Act 1983 as inserted in respect of Northern Ireland by section 4 of the Northern Ireland (Miscellaneous Provisions) Act 2006.