Electoral Law Act (Northern Ireland) 1962

Nomination of candidates N.I.

5 (1) Each candidate shall be nominated by a separate nomination paper, in the form in the Appendix, delivered—

(a) by the candidate himself, or

(b) by his proposer or seconder,

to the returning officer at the place fixed for the purpose, but the paper may be so delivered on the candidate's behalf by his election agent if the agent's name and address have been previously given to the returning officer as required by section 34 or are so given at the time the paper is delivered.

(2) The nomination paper shall state the candidate's—

(a) full names, [F1 and]

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) if desired, description,

and the surname shall be placed first in the list of his names.

[F3 (2A) If a candidate—

(a) commonly uses a surname that is different from any other surname the candidate has,

(b) commonly uses a forename that is different from any other forename the candidate has, or

(c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a) (for example, where the commonly used names are in a different order from the names as so stated, include only some of those names, or include additional names),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).]

[F4 (3) The description, if any, must consist of either—

(a) a description F5 . . . which is authorised as mentioned in rule 5A(1) [F6 or (1B)]; or

(b) the word Independent.]

[F7 (5) The nomination paper must be accompanied by a form (in this Schedule referred to as the “home address form”) which states—

(a) the candidate’s—

(i) full names, and

(ii) home address in full,

(b) at least one qualification listed in section 3(1)(a) to (c) of the Local Government Act (Northern Ireland) 1972 which the candidate meets, and

(c) in relation to each qualification stated under sub-paragraph (b)—

(i) if the candidate meets that qualification by reference to one address, that address in full, or

(ii) if the candidate meets that qualification by reference to more than one address, as many of those addresses in full as it is necessary to state to establish that the candidate meets that qualification.

(6) The home address form may contain a statement made and signed by the candidate that the candidate requires the home address not to be made public.

(7) If the home address form contains a statement under paragraph (6), it must state the name of the relevant area within which the home address is situated.

(8) The provisions in paragraph (1) about delivery of the nomination paper also apply to delivery of the home address form.

(9) In this rule “relevant area” means—

(a) in relation to a home address in England—

(i) if the address is within a district for which there is a district council, that district,

(ii) if the address is within a county in which there are no districts with councils, that county,

(iii) if the address is within a London borough, that London borough,

(iv) if the address is within the City of London (including the Inner and Middle Temples), the City of London, and

(v) if the address is within the Isles of Scilly, the Isles of Scilly,

(b) in relation to a home address in Wales—

(i) if the address is within a county, that county, and

(ii) if the address is within a county borough, that county borough,

(c) in relation to a home address in Scotland, the local government area in which the address is situated,

(d) in relation to a home address in Northern Ireland, the local government district in which it is situated, and

(e) in relation to a home address outside the United Kingdom, the country or territory in which it is situated.]

F1 Word in Sch. 5 rule 5(2)(a) inserted (13.7.2020) by The Local Elections (Northern Ireland) (Amendment) Order 2020 (S.I. 2020/635), arts. 1(2), 3(a)(i) (with art. 1(3))

F2 Sch. 5 rule 5(2)(b) omitted (13.7.2020) by virtue of The Local Elections (Northern Ireland) (Amendment) Order 2020 (S.I. 2020/635), arts. 1(2), 3(a)(ii) (with art. 1(3))

F3 Sch. 5 rule 5(2A) substituted (1.11.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 7; S.I. 2023/1145, reg. 3(h)(ii) (with Sch. para. 1(2))

F4 SI 2001/417

F5 Words in Sch. 5 rule 5(3) omitted (1.4.2010) by virtue of Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010 (S.I. 2010/1178), arts. 1(2), 4(2)(a)

F6 Words in Sch. 5 rule 5(3) inserted (1.4.2010) by Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010 (S.I. 2010/1178), arts. 1(2), 4(2)(b)

F7 Sch. 5 rule 5(5)-(9) inserted (13.7.2020) by virtue of The Local Elections (Northern Ireland) (Amendment) Order 2020 (S.I. 2020/635), arts. 1(2), 3(b) (with art. 1(3))