Northern Ireland Assembly (Elections and Periods of Suspension) Act 2003

1 Election of next Assembly U.K.

(1) The Northern Ireland Act 1998 (c. 47) (in this Act referred to as “the 1998 Act”) is amended as provided in subsections (2) and (3).

(2) In section 31 (which provides for dates of Assembly elections and dissolutions, etc), for subsection (2) there is substituted—

“(2) The date of the poll for the election of the Assembly next following the Assembly elected under section 2 of the Northern Ireland (Elections) Act 1998 (and dissolved on 28th April 2003) shall be a date to be specified in an order made by the Secretary of State.”

(3) Section 96 is amended as follows—

(a) in subsection (2), after “section” there is inserted “ 31(2), ”,

(b) after subsection (2) there is inserted—

“(2A) Paragraph (b) of subsection (2) does not apply to an order under section 31(2) if the order declares that the Secretary of State considers it to be expedient for the order to be made without the approval mentioned in that paragraph.

(2B) An order containing a declaration under subsection (2A)—

(a) shall be laid before Parliament after being made; and

(b) shall cease to have effect if it is not approved by a resolution of each House of Parliament before the end of the period of 28 days beginning with the date on which it is made.

(2C) Subsection (2B)(b) does not prejudice the making of a new order.

(2D) In calculating the period of 28 days mentioned in subsection (2B)(b), no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.”

(4) The following apply in relation to the ordinary general election the poll for which is to be held on the date specified in an order under section 31(2) of the 1998 Act—

(a) the entry for Rule 1 of the Parliamentary Elections Rules (timetable) in Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (SI 2001/2599) (which provides for the application with modifications to Assembly elections of provisions of the Representation of the People Act 1983 (c. 2) and other Acts) is to have effect as if the first entry in the second column of the substituted Timetable (which relates to publication of notice of an election) read “Not later than the 20th day before the date of the poll.”, and

(b) paragraph 7 of each of Schedules 9 and 10 to the Political Parties, Elections and Referendums Act 2000 (c. 41) (which provide for limits on campaign expenditure and controlled expenditure respectively in relation to Assembly elections) is to have effect as if “the relevant period” for the purposes of that paragraph were the period beginning with the date when the order under section 31(2) of the 1998 Act is made and ending with the date of the poll (and sub-paragraphs (3) and (4) of that paragraph are not to apply).

(5) In section 1 of the Northern Ireland Assembly Elections Act 2003 (c. 3) (dates of election, etc), the following are repealed—

• paragraph (a) of subsection (2),

• subsections (3) to (6).