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Elections Act 2001

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Part 2U.K. Local Elections Rules

Modifications etc. (not altering text)

C1Sch. 1 Pt. 2: power to modify conferred by 1985 c. 50, s. 15(5B)(a) (as substituted (15.9.2011) by Fixed-term Parliaments Act 2011 (c. 14), s. 7(2), Sch. para. 15(3) (with s. 6))

IntroductionU.K.

14Where the poll at a local election is to be taken with the poll at a parliamentary election in Northern Ireland, Schedule 5 to the Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.)) (local elections rules) is amended as follows.

Ballot papersU.K.

15In rule 16(2) after paragraph (d) insert—

(e)must be of a different colour from that of any ballot papers used at an election the poll for which is taken together with the poll for the local election.

Notice of pollU.K.

16In rule 20 after paragraph (2) insert—

(3)The notice published under paragraph (2)—

(a)must state that the poll at the local election is to be taken together with the poll at a parliamentary election;

(b)must specify the relevant parliamentary constituency.

Postal ballot papersU.K.

17In rule 21(1) after “identity in the” insert “ relevant ”.

Official poll cardsU.K.

18In rule 25 after paragraph (3) insert—

(3A)An official poll card issued under this rule may be combined with an official poll card issued at a parliamentary election.

Equipment of polling stationsU.K.

19In rule 26 after paragraph (4) insert—

(4A)The notice referred to in paragraph (4)—

(a)must clearly indicate the election to which it relates;

(b)must be printed on paper of the same colour as the ballot papers (other than tendered ballot papers [F1or tendered postal ballot papers]) used at the election to which it relates.

Questions to be put to votersU.K.

20In rule 32 in question (ii) of each of paragraphs (1)(a) and (1)(b) and in [F2in each of questions (a), (b) and (c) in paragraph (2)] after “at this” insert “ local ”.

Textual Amendments

Voting procedureU.K.

21In rule 34 after paragraph (9) insert—

(10)The same copy of the register of electors may be used under paragraph (1) for each election.

(11)One mark may be placed in that register under paragraph (1)(d) or in the list of proxies under paragraph (1)(e) to denote that a ballot paper has been received in respect of each election.

(12)If a ballot paper is issued in respect of one election only a different mark must be placed in the register or list (as the case may be) so as to identify the election in respect of which the ballot paper is issued.

Votes marked by presiding officerU.K.

22In rule 35 at the end insert—

(4)The same list may be used for each election.

(5)If it is, an entry in the list must be taken to mean that the ballot papers were marked in pursuance of this rule in respect of each election unless the list identifies the election at which the ballot paper was so marked.

Voting by persons with disabilitiesU.K.

23In rule 36 after [F3paragraph (4A)] insert—

[F4(4B)]The same list may be used for each election.

[F4(4C)]If it is, an entry in the list must be taken to mean that the votes were given in accordance with this rule in respect of each election unless the list identifies the election at which the vote was so given.

Textual Amendments

F3Words in Sch. para. 23 substituted (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 2(2), 6(2)(a) (with art. 1(3))

F4Words in Sch. para. 23 substituted (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 2(2), 6(2)(b) (with art. 1(3))

Tendered ballot papersU.K.

24In rule 37 after paragraph (6) insert—

(6A)The same list may be used for each election.

(6B)If it is, an entry in the list must be taken to mean that the tendered ballot papers were marked in respect of each election unless the list identifies the election at which a tendered ballot paper was marked.

Tendered postal ballot papersU.K.

[F524A.In rule 37A after paragraph (10) insert—

(10A)The same list may be used for each election.

(10B)If it is, an entry in the list must be taken to mean that the tendered postal ballot papers were marked in respect of each election unless the list identifies the election at which a tendered postal ballot paper was marked.]

Procedure on close of pollU.K.

25(1)Rule 41 is amended as follows.

(2)After paragraph (1) insert—

(1A)Separate packets must be made up in respect of each election for the purpose of each of sub-paragraphs (b), (c) and (e) of paragraph (1).

(3)In paragraph (3) after “presiding officer” insert “ separately for the purposes of each election ”.

Time for counting votesU.K.

26(1)Rule 43 is amended as follows.

(2)In paragraph (1) for “morning on the day after” substitute “ morning on the second day after ”.

(3)After paragraph (1) insert—

(1A)For the purpose of determining the day for counting under paragraph (1) a Saturday, a Sunday and a public holiday must be disregarded.

Ballot papers in wrong boxU.K.

27After rule 53 insert—

Ballot papers in wrong boxU.K.

53A(1)The returning officer may make arrangements for—

(a)ballot boxes for the local election to be opened and any ballot papers for the parliamentary election to be taken out;

(b)those ballot papers to be taken into account for the purposes of the parliamentary election;

(c)ballot boxes for the parliamentary election to be opened and any ballot papers for the local election to be taken out;

(d)those ballot papers to be taken into account for the purposes of the local election.

(2)Paragraph (1) applies notwithstanding anything else in these rules or the parliamentary elections rules.

(3)Nothing in these rules or the parliamentary elections rules requires the counting agents to be given facilities for overseeing the proceedings mentioned in paragraph (1)(a) or (c).

Countermand or abandonment of poll on death of candidateU.K.

28F6(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)[F7In rule 63 after paragraph (2)] insert—

[F8(2A)]Neither the countermand of the poll at the local election nor the direction that that poll be abandoned affects the poll at the parliamentary election.

(3)[F9In rule 64, for paragraphs (2) to (6) substitute] substitute—

(2)If the poll at the local election is abandoned because of a candidate’s death—

(a)no further ballot papers at that election must be delivered in any polling station;

(b)at the close of the poll for the parliamentary election the presiding officer must comply with the requirements of rule 41 (as amended by the Schedule to the Elections Act 2001) as if the poll at the local election had not been abandoned;

(c)the returning officer must dispose of ballot papers used at the local election and other documents in his possession as he is required to do on the completion in due course of the counting of the votes,but this is subject to paragraph (2A).

(2A)In a case falling within paragraph (2)—

(a)a ballot paper account for the local election need not be prepared or verified;

(b)the returning officer, having separated the ballot papers relating to the parliamentary election, must take no step or further step for the counting of the ballot papers used at the local election or of the votes;

(c)the returning officer must seal up all of those ballot papers whether the votes on them have been counted or not;

(d)it is not necessary to seal up counted and rejected ballot papers in separate packets.

Textual Amendments

F6Sch. para. 28(1) omitted (16.12.2010) by virtue of The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 2(2), 6(3)(a) (with art. 1(3))

F7Words in Sch. para. 28(2) substituted (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 2(2), 6(3)(b)(i) (with art. 1(3))

F9Words in Sch. para. 28(3) substituted (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 2(2), 6(3)(c) (with art. 1(3))

FormsU.K.

29(1)In the Arrangement of Rules, in the Appendix of Forms, after the entry for Form 5 insert—

5ADeclaration of Identity (Combined Polls).

(2)In the Appendix of Forms after Form 5 (declaration of identity) insert—

[F10Form 5A]F11 Declaration of identity (combined polls)(rule 21)

Textual Amendments

F11Sch. para. 29(2) Form 5A: the words “relevant council]” are substituted for “District Council] District” (13.7.2020) by The Local Elections (Northern Ireland) (Amendment) Order 2020 (S.I. 2020/635), arts. 1(2), 11 (with art. 1(3))

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