The Local Elections (Northern Ireland) Order 2013

Introductory

Citation, commencement and extent

1.—(1) This Order may be cited as the Local Elections (Northern Ireland) Order 2013 and it comes into force on the day after the day on which it is made.

(2) Subject to paragraph (3), this Order extends to Northern Ireland only.

(3) An amendment made by this Order has the same extent as the enactment (or part of an enactment) amended.

Interpretation

2.—(1) In this Order—

“the 1962 Act” means the Electoral Law Act (Northern Ireland) 1962(1);

“the 1985 Order” means the Local Elections (Northern Ireland) Order 1985(2);

“existing council” means a district council for a local government district established in pursuance of section 1 of the Local Government (Boundaries) Act (Northern Ireland) 1971(3), and “existing councillor” means a member of such a council;

“new council” means a district council for a local government district established in pursuance of section 1 of the Local Government (Boundaries) Act (Northern Ireland) 2008(4), and “new councillor” means a member of such a council.

(2) The Interpretation Act (Northern Ireland) 1954(5) applies to article 1 and this article and the following provisions of this Order, save for article 9, as it applies to an Act of the Assembly.

(1)

1962 c. 14 (N.I.).

(2)

S.I. 1985/454; this Order was amended by S.I. 1987/168; S.I. 1990/595; S.I. 1991/1715; S.I. 1992/809; S.I. 1997/867; S.I. 1998/3150; paragraph 31 of the Schedule to the Elections Act 2001 (c. 7) (a non-textual amendment); S.I. 2002/2835; S.I. 2005/1969; and S.I. 2010/2977.

(3)

1971 c. 9; section 3 of the Local Government (Boundaries) Act (Northern Ireland) 2008 (c. 7) repeals this Act, but the repeal is not yet in force (see below).

(4)

2008 c. 7; section 1 of this Act (which provides for the new local government districts) came into force one week after Royal Assent only for the purpose of the exercise by the Department of the Environment and the Local Government Boundaries Commissioner of their functions under section 50 of, and Schedule 4 to, the Local Government Act (Northern Ireland) 1972 (N.I. 9), and the exercise by the Secretary of State and the District Electoral Areas Commissioner of their functions under Article 2 of the District Electoral Areas Commissioner (Northern Ireland) Order 1984. Sections 1 and 3(1) came into force on 3 October 2013 for the purpose of: (a) elections to district councils for the new local government districts established under that Act; (b) the application of certain provisions of the Local Government Act (Northern Ireland) 1972 (N.I. 9) to those new councils; and (c) certain provisions of Northern Ireland legislation relating to budgets and rates. Sections 1 and 3 will come into force for all other purposes on 1st April 2015: S.R. 2013/238. This means that for the purpose of elections to the new councils, all references in legislation to a “district council” will be to a new council.

(5)

1954 c. 33 (N.I.).