The Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010

EXPLANATORY NOTE

(This note is not part of the Order)

The Electoral Law Act (Northern Ireland) 1962 (“the 1962 Act”) makes provision for local elections to district councils in Northern Ireland. In particular section 11 of that Act makes provision for filling casual vacancies that arise mid-term and Schedule 5 comprises the local elections rules (which govern the procedure by which local elections are conducted). This Order amends both section 11 and Schedule 5. It also makes consequential amendments to the Local Government Act (Northern Ireland) 1972, the Elected Authorities (Northern Ireland) Act 1989 and the Postponement of Local Elections (Northern Ireland) Order 2009.

Section 11 of the 1962 Act makes provision for filling casual vacancies that arise on a district council. The vacancy may be filled by the council “co-opting” a new councillor to replace the former councillor (who may, for example, have died or retired). This requires the agreement of all councillors present at the co-option meeting. A by-election must be held to fill any vacancies not filled by co-option. Articles 2 and 3 of this Order amend section 11 and insert new sections 11A-11K (but there is no section 11I) so as to replace the system of co-option. In future, if a vacancy arises in the seat of a member who was elected in the name of a registered political party (or parties), then the nominating officer of that party (or parties) will nominate his or her replacement (new sections 11E and 11F). If a vacancy arises in the seat of a member who was elected as an independent, his or her replacement will be selected from a list of “substitutes” provided by that member prior to the vacancy arising (new sections 11C and 11D). Whether a member stood as an independent or in the name of a registered party (or parties) will be determined by the Chief Electoral Officer for Northern Ireland by reference to the statement of persons nominated published under rule 12 of the local elections rules for the election at which that member was elected (new sections 11A and 11B). If when the Chief Electoral Officer receives notice of the vacancy, the party or parties (or one of the parties) in whose name the member was elected are no longer registered, a by-election will be held to fill the vacant seat (new section 11G).

New section 11H makes transitional provision in respect of current members of district councils who were themselves chosen by co-option. They may elect to be replaced, in the event of a vacancy in their seat arising after this Order comes into force, by a substitute or a nominee of a registered party (or parties). Such a member may make one such election only. If no election is made, and a vacancy arises in the seat, then a by-election must be held to fill it.

New section 11J makes transitional provision in respect of members of district councils elected to a council at the local general election in 2005 or at an election held to fill a casual vacancy since then. The statement of persons nominated for such elections may no longer be available and so, if it is not, the Chief Electoral Officer must make such enquiries as she or he considers necessary to determine whether the member was elected as an independent or in the name of a registered party. It is the amendments to the 1962 Act made by this Order (see explanation of Article 4 below) that enable candidates to stand in the name of two or more registered parties at a local election and so no transitional provision is required to determine whether the member stood in the name of two or more registered parties.

New section 11K applies to vacancies that arise before 1st January in a local election year but remain unfilled on or after 1st January. No by-election may be held to fill these vacancies. If such a vacancy is otherwise being filled and hasn’t been by the time a notice of a local general election is published, then it shall remain so until it is filled at that local general election.

The Political Parties, Elections and Referendums Act 2000 makes provision for the registration of party names and descriptions. Article 4 inserts new rule 5A(1A)-(1C) in the local elections rules and makes consequential amendments to rules 5 and 10. New rule 5A(1A) prohibits the use of a description on the nomination paper of a candidate standing in the name of a registered party at a local election unless that description is the party’s registered name or one of its registered descriptions. New rule 5A(1B) prohibits the use of a description on the nomination paper of a candidate standing in the name of two or more registered parties jointly unless that description is a joint description registered by those parties for candidates standing jointly.

Article 5 makes consequential amendments to the Local Government (Northern Ireland) Act 1972, the Elected Authorities (Northern Ireland) Act 1989 and the Postponement of Local Elections (Northern Ireland) Order 2009. In particular references to councillors having been “chosen” in these enactments have been changed to “returned” to reflect the amendments to section 11 of the 1962 Act described above.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.