The Local Elections (Northern Ireland) Order 2010

Citation and commencement U.K.

1.—(1) This Order may be cited as the Local Elections (Northern Ireland) Order 2010.

(2) This Order comes into force on the day after the day on which it is made.

(3) This Order does not apply to an election to fill a casual vacancy in a district council that occurred (within the meaning of section 11(5) of the 1962 Act M1 ) on or before the day on which this Order comes into force.

Marginal Citations

M1 1962 c.14 (N.I.); section 11(5) was amended by S.I. 1992/810 (N.I.6).

Interpretation U.K.

2.—(1) In this Order—

“the 1962 Act” means the Electoral Law Act (Northern Ireland) 1962 M2 ;

“Local Elections Rules” means the rules in Schedule 5 to the 1962 Act M3 ; and

“the 1985 Order” means the Local Elections (Northern Ireland) Order 1985 M4 .

(2) The Interpretation Act (Northern Ireland) 1954 M5 applies to Article 1 and this Article and the following provisions of this Order as it applies to an Act of the Assembly.

Marginal Citations

M2 1962 c. 14 (N.I.); relevant amendments are referenced in this Order.

M3 Schedule 5 was substituted in its entirety by S.I. 1985/454; the local elections rules have been amended on numerous occasions since then and relevant amendments are referenced in this Order.

M4 S.I. 1985/454; this Order has been 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; and S.I. 2005/1969.

M5 1954 c. 33 (N.I.).

Date of next local elections U.K.

3.  In 2011 the election day (within the meaning of section 11(1) M6 of the 1962 Act) is the first Thursday in May (5th May).

Marginal Citations

M6 Section 11(1) was amended by S.I. 2009/225.

Amendments to the 1962 Act U.K.

4.  Schedule 1 to this Order has effect.

Amendments to the 1985 Order U.K.

5.  Schedule 2 to this Order has effect.

Amendments to the Elections Act 2001 U.K.

6.—(1) The Schedule to the Elections Act 2001 M7 is amended as follows.

(2) In paragraph 23 (voting by persons with disabilities)—

(a) for “paragraph (4)” substitute “ paragraph (4A) ”; and

(b) renumber the inserted paragraphs (4A) and (4B) so that they become paragraphs (4B) and (4C).

(3) In paragraph 28 (countermand or abandonment of poll on death of candidate)—

(a) omit sub-paragraph (1);

(b) in sub-paragraph (2)—

(i) for “After paragraph (1)” substitute “ In rule 63 after paragraph (2) ”; and

(ii) renumber the inserted paragraph (1A) as paragraph (2A); and

(c) in sub-paragraph (3) for “For paragraph (2)” substitute “ In rule 64, for paragraphs (2) to (6) substitute ”.

Marginal Citations

M7 2001 c. 7.

Access to marked registers and other documents after an election U.K.

7.  Schedule 3 to this Order (access to marked registers and other documents open to public inspection after an election) has effect.

Revocations U.K.

8.—(1) In Schedule 2 to the Police and Criminal Evidence (Northern Ireland) Order 1989 M8 , the entry in respect of rule 33 of Schedule 5 to the 1962 Act is revoked.

(2) In the Postponement of Local Elections (Northern Ireland) Order 2009 M9 , article 2(3) (which provides that section 11(1A) of the 1962 Act does not apply to the local general election in 2011) is revoked.

Marginal Citations

M8 S.I. 1989/1341 (N.I. 12).

M9 S.I. 2009/225.

Judith Simpson

Clerk of the Privy Council