The Local Elections (Northern Ireland) (Amendment) Order 1992

Explanatory Note

(This note is not part of the Order)

This Order amends paragraph 6 of Part I of Schedule 2 to the Local Elections (Northern Ireland) Order 1985, as substituted by S.I. 1987/168, (“the 1985 Order”) to take account of changes made by the Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991 (“the 1991 Order”). The 1985 Order makes provision for local elections in Northern Ireland.

Paragraph 6 of Part I of Schedule 2 to the 1985 Order prescribes the requirements for applications for an absent vote for an indefinite period at local elections on the ground set out in paragraph 1(2)(b) of that Part which is that the applicant cannot reasonably be expected to go in person to his allotted polling station or to vote unaided there because of blindness or other physical incapacity. Most such applications need to be attested in accordance with paragraph 6(2) and (3). Paragraph 6(4) currently disapplies this requirement where either the application is based on the applicant’s blindness and the relevant Health and Social Services Board registration number is given in the application or the applicant is in receipt of a mobility allowance under section 37A of the Social Security (Northern Ireland) Act 1975 and the reference number of such an allowance is given in the application. Under paragraph 6(5) the fact that the applicant is so registered or is in receipt of such an allowance is deemed to be sufficient evidence of eligibility under paragraph 1(2)(b) of Part I of Schedule 2 to the 1985 Order.

Article 3 of the 1991 Order replaced the mobility allowance with a new allowance: the disability living allowance which consists of a care component and a mobility component. Under the Disability Living Allowance and Disability Working Allowance (1991 Order) (Commencement No. 2) Order 1991 (S.R. (N.I.) 1991 No. 501), this provision will come into force on 6th April 1992. This Order amends paragraph 6 of Part I of Schedule 2 to the 1985 Order to take account of these changes (including the fact that, unlike the mobility allowance, each disability living allowance does not, as such, have a reference number).