The New Northern Ireland Assembly (Elections) Order 1998

Article 3(2)

SCHEDULE 2 APPLICATION AND MODIFICATION OF PROVISIONS OF THE 1986 REGULATIONS, THE ELECTION PETITIONS RULES 1964 AND THE PLANNING (CONTROL OF ADVERTISEMENTS) REGULATIONS (NORTHERN IRELAND) 1992

Provision applied	Modifications
REPRESENTATION OF THE PEOPLE (NORTHERN IRELAND) REGULATIONS 1986
In regulation 4 (interpretation) paragraphs (1) and (3)(1)	In paragraph (1)— (a) all of the definitions shall be omitted except those of “available for inspection”, “candidate”, “data”, “data user”, “postal proxy”, “register”, “registration officer” and “voluntary mental patient”; and (b) for the definition of “candidate” there shall be substituted ““candidate” means a person having been nominated or declared himself a candidate for election as a member of the Assembly;”.
Regulation 5 (forms).	Paragraph (1)(a) shall be omitted.
Regulation 6 (sending of applications, notices, etc.).
Regulation 7 (publication of documents)(2).
Regulation 8 (misnomers).
Regulation 9 (time).
Regulation 11 (return and declaration of election expenses)(3).
Regulation 12 (interference with notices etc.).
In regulation 53 (free copies of register etc.), paragraph (2).	Sub-paragraph (a) shall be omitted.
In regulation 54 (sale of lists and register), paragraph (3)(4).	Sub-paragraph (b) shall be omitted.
Regulation 55 (supply of data)(5).	In paragraph (6) the words from “Provided that” to the end shall be omitted.
	Paragraph (8) shall be omitted.
Regulation 56 (supply of labels)(6).	In paragraph (4) the words from “provided that” to the end shall be omitted.
	Paragraph (5) shall be omitted.
Regulation 63 (general requirements for applications)(7).
In regulation 64, paragraph (6) (meaning of allotted polling station).
Regulation 66 (additional requirements for applications in respect of a particular election)(8).	In paragraphs (4)(c) and (6)(d) for the words from “one” to the end of each of those sub-paragraphs, there shall be substituted— “(i) a registered medical practitioner; (ii) a registered nurse within the meaning of section 7(7) of the Nurses, Midwives and Health Visitors Act 1997(9), or (iii) a Christian Science practitioner”.
	In paragraph (6)(a) for the word “eleventh” there shall be substituted “fourteenth”.
	In paragraph (7)(a) after the word “address” there shall be inserted “, that he has seen the applicant in connection with the circumstances set out in paragraph (1) above”.
	In paragraph (8)(b) the words from “or some other” to the end shall be omitted.
Regulation 67 (additional requirements for applications for appointment of a proxy).
Regulation 68 (additional requirements for applications by proxies to vote by post at a particular election).
Regulation 69 (closing date for applications)(10).	In paragraphs (1), (2) and (5) for the word “eleventh” there shall be substituted “fourteenth”.
	In paragraph (1) for sub-paragraphs (a) to (d) there shall be substituted “under paragraph 1(1) or (5), 3(5) or 4(4) of Part I of Schedule 2 to the 1985 Order, as those paragraphs have effect for the purposes of the compilation of the special lists under sections 7(4) and 9(9) of the 1985 Act at an Assembly election,”.
	In paragraph (5) for the words from the beginning of sub-paragraph (a) to the words “section 8(9) of that Act” there shall be substituted “under paragraph 1(4)(a) or 4(10)(a) of Part I of Schedule 2 to the 1985 Order and a notice under paragraph 3(8) of that Part, as those paragraphs have effect for the purposes of the compilation of the special lists under sections 7(4) and 9(9) of the 1985 Act at an Assembly election,”.
	In paragraph (6) from the beginning of sub-paragraph (i) to the end of the paragraph there shall be substituted “a day which is a bank holiday under the Banking and Financial Dealings Act 1971(11) in Northern Ireland”.
Regulation 70 (grant or refusal of applications).	Paragraph (2) shall be omitted.
Regulation 74 (record and lists kept under sections 6, 7 and 9 of Act of 1985).	Paragraph (5) shall be omitted.
Regulation 75 (marked register for polling stations).
Regulation 76 (certificate of employment).
Regulation 77 (interpretation of Part V).
Regulation 79 (persons entitled to be present at issue and receipt of postal ballot papers).
Regulation 80 (notification of requirement of secrecy).
Regulation 81 (notice of issue of postal ballot papers).
Regulation 82 (marking of postal ballot papers etc.).
Regulation 83 (refusal to issue postal ballot paper).
Regulation 84 (envelopes).
Regulation 85 (delivery of postal ballot papers to post office).
Regulation 86 (provision of postal voters' ballot box).
Regulation 87 (sealing up of special lists and counterfoils).
Regulation 88 (spoilt postal ballot paper).
Regulation 89 (receipt of covering envelope).
Regulation 90 (opening of postal voters' ballot box).	In paragraph (7) for the words “rule 45” there shall be substituted “rule 44B”.
Regulation 91 (opening of covering envelopes)(12).
Regulation 92 (sealing up of rejected votes and declarations of identity).
Regulation 93 (opening of ballot paper envelopes).
Regulation 94 (abandoned poll).
Regulation 95 (forwarding of documents)(13).	For paragraph (1), there shall be substituted the following paragraph: “(1) The returning officer shall retain for the period of one year after the date of the poll any packets referred to in regulation 87, 88, 92 or 93 above endorsing on each packet a description of its contents and the name of the constituency and, after the expiry of that period, cause those packets to be destroyed, unless otherwise directed by order of the High Court.”.
	In paragraph (2), for the words “forward it at a subsequent date in the manner described in paragraph (1) above” there shall be substituted “retain it and subsequently deal with it in the manner described in paragraph (1) above”.
	In paragraph (3) for the word “forwarded” there shall be substituted “retained”.
	In paragraph (4) for the words “A copy of the statement referred to in paragraph (1)(b) above” there shall be substituted “A completed statement in Form L of the number of postal ballot papers issued”.
SCHEDULE 2 (FORMS)
Form E (elector’s official poll card)(14).	In the form of the back of the card for paragraph (b) there shall be substituted: “(b) a current passport issued by the United Kingdom or any other Member State of the European Community;”.
Form F (proxy’s official poll card).	In the form of the back of the card for paragraph (b) there shall be substituted: “(b) a current passport issued by the United Kingdom or any other Member State of the European Community;”.
Form G (certificate of employment).
Form H (declaration of identity)(15).	In the instructions to voters on the back of the form, for paragraphs 1 and 2 there shall be substituted: “1.   Mark your vote by putting “1” against the candidate of your first choice, “2” against the candidate of your second choice and so on. Do this secretly; if you cannot vote without assistance, the person assisting you must not disclose how you have voted. 2.   You may show your preference for as many or as few candidates as you wish but you should not show the same preference against more than one candidate. Put no other mark on the ballot paper, or your vote may not be counted.”.
Form J (form of return of expenses required by section 75 of the 1983 Act).
Form K (form of declaration as to expenses required by section 75 of the 1983 Act).
Form L (statement as to postal ballot papers).	In note 2 for the words “At the same time as this statement is sent to the Clerk of the Crown for Northern Ireland, a copy” there shall be substituted “This statement”.
ELECTION PETITION RULES 1964(16).
Rule 1 (citation, commencement and application).
Rule 2 (interpretation).
Rule 3 (form of petition).	In paragraph (1)(b) the words from “and the” to the end of the sub-paragraph shall be omitted.
Rule 4 (security for costs).
Rule 5.
Rule 5A (notice of presentation of the petition).
Rule 6 (notice of objection to recognisance).
Rule 7 (list of petitions at issue).
Rule 8 (time and place of trial).
Rule 9 (evidence).
Rule 10 (order to compel attendance of witness).
Rule 12 (witnesses expenses).
Rule 13 (case stated).
Rule 14 (withdrawal of petition).
Rule 15 (application to stay or dismiss petition).
Rule 16 (death of a petitioner).
Rule 17 (notice of intention not to oppose petition).
Rule 18 (substitution of respondents).
Rule 19 (duty to file copies).
Rule 20 (cost of publication).
Rule 21 (notice of appointment of respondent’s solicitor).
Rule 22 (service of notices).
Rule 23 (forfeiture of recognisance).
Rule 24 (payment from deposit on default).
Rule 25 (recognisance and deposit).
Rule 26 (discharge of recognisance and deposit).
Rule 27 (time).
Schedule A (form of petition).	In paragraph 2 the words “to the Clerk of the Crown” shall be omitted.
Schedule B (form of order to compel attendance of witness).
THE PLANNING (CONTROL OF ADVERTISEMENTS REGULATIONS (NORTHERN IRELAND) 1992
Regulation 2 (interpretation).
Regulation 4 (requirement for consent).
Schedule 1 (standard conditions).
In Schedule 2 (classes of advertisements to which the prohibition in regulation 4(1) does not apply), class F.

(1)

Regulation 4 has been amended, but the amendments are not relevant to the subject matter of this Order.

(2)

Regulation 7 has been amended by S.I. 1990/561.

(3)

Regulation 11 has been amended by S.I. 1990/561.

(4)

Regulation 54 was amended by S.I. 1990/561.

(5)

Regulation 55 was amended by S.I. 1989/1304 and S.I. 1990/561.

(6)

Regulation 56 was amended by S.I. 1990/561.

(7)

Regulation 63(1) was amended by S.I. 1990/561.

(8)

Regulation 66 was amended by S.I. 1990/561 and S.I. 1997/967.

(9)

1997 c. 24.

(10)

Regulation 69 was amended by S.I. 1990/561 and S.I. 1997/967.

(11)

1971 c. 80.

(12)

Regulation 91 was amended by S.I. 1990/561.

(13)

Regulation 95 was amended by S.I. 1990/561.

(14)

Forms E and F were amended by S.I. 1991/1674.

(15)

Form H was amended by S.I. 1990/561.

(16)

The rules have been amended by S.R. & O. (N.I.) 1985 No. 347.