http://www.legislation.gov.uk/ukpga/2001/7/schedulesElections Act 2001An Act to postpone local elections in England and Wales and Northern Ireland, to require polls for different elections in Northern Ireland to be taken together if they are to be taken on the same day, and to make consequential provision.2001-04-25texttext/xmlenStatute Law Database2024-07-10Expert Participation2024-04-04 SCHEDULESection 4Part 11Where the poll at a parliamentary election is to be taken with the poll at a local election in Northern Ireland, Schedule 1 to the Representation of the People Act 1983 (c. 2) (parliamentary elections rules) is amended as follows.2In rule 19(2) after paragraph (d) insert—emust 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 parliamentary election.3In rule 23 after paragraph (2) insert—2AThe notice published under paragraph (2)—amust state that the poll at the parliamentary election is to be taken together with the poll at a local election;bmust specify the relevant district council.4In rule 28 after paragraph (3A) insert— 3B An official poll card issued under this rule may be combined with an official poll card issued at a local election.51Rule 29 is amended as follows.2In paragraph (4) for “inside and outside every polling station” substitute “ outside every polling station and in every compartment of every polling station. ”3After paragraph (4) insert—4AThe notice referred to in paragraph (4)—amust clearly indicate the election to which it relates;bmust be printed on paper of the same colour as the ballot papers (other than tendered ballot papers or tendered postal ballot papers) used at the election to which it relates.4Omit paragraph (5).6In rule 35, in the table after paragraph (1), after “this” insert “parliamentary”—ain entry 1, in each of paragraphs (a) and (b);bin entry 2, in each of paragraphs (a) to (e);cin entry 3, in each of paragraphs (a) to (e).7In rule 37 after paragraph (3) insert—4The same copy of the register of electors may be used under paragraph (1) above for each election.5One 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.6If a ballot paper is issued in respect of only one election 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.8In rule 38 at the end insert—3The same list may be used for each election.4If 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.9In rule 39 after paragraph (4) insert—4AThe same list may be used for each election.4BIf 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.10In rule 40 after paragraph (3) insert—3AThe same list may be used for each election.3BIf 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.10AIn rule 40ZA after paragraph (10) insert—10AThe same list may be used for each election.10BIf 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.111Rule 43 is amended as follows.2After paragraph (1) insert—1ASeparate 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).3In paragraph (3) after “presiding officer” insert “ separately for the purposes of each election ”.12After rule 46 insert—46A1The returning officer may make arrangements for—aballot boxes for the parliamentary election to be opened and any ballot papers for the local election to be taken out;bthose ballot papers to be taken into account for the purposes of the local election;cballot boxes for the local election to be opened and any ballot papers for the parliamentary election to be taken out;dthose ballot papers to be taken into account for the purposes of the parliamentary election.2Paragraph (1) applies notwithstanding anything else in these rules or the local elections rules.3Nothing in these rules or the local elections rules requires the counting agents to be given facilities for overseeing the proceedings mentioned in paragraph (1)(a) or (c).131Rule 60 is amended as follows.2After paragraph (1) insert—1ANeither the countermand of the poll at the parliamentary election nor the direction that that poll be abandoned affects the poll at the local election.3For paragraph (2) substitute—2If the poll at the parliamentary election is abandoned because of a candidate’s death—ano further ballot papers at that election must be delivered in any polling station;bat the close of the poll for the local election the presiding officer must comply with the requirements of rule 43 (as amended by the Schedule to the Elections Act 2001) as if the poll at the parliamentary election had not been abandoned;cthe returning officer must dispose of ballot papers used at the parliamentary 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).2AIn a case falling within paragraph (2)—aa ballot paper account for the parliamentary election need not be prepared or verified;bthe returning officer, having separated the ballot papers relating to the local election, must take no step or further step for the counting of the ballot papers used at the parliamentary election or of the votes;cthe returning officer must seal up all of those ballot papers whether the votes on them have been counted or not;dit is not necessary to seal up counted and rejected ballot papers in separate packets.Part 214Where 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.15In rule 16(2) after paragraph (d) insert—emust 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.16In rule 20 after paragraph (2) insert—3The notice published under paragraph (2)—amust state that the poll at the local election is to be taken together with the poll at a parliamentary election;bmust specify the relevant parliamentary constituency.17In rule 21(1) after “identity in the” insert “ relevant ”.18In rule 25 after paragraph (3) insert—3AAn official poll card issued under this rule may be combined with an official poll card issued at a parliamentary election.19In rule 26 after paragraph (4) insert—4AThe notice referred to in paragraph (4)—amust clearly indicate the election to which it relates;bmust be printed on paper of the same colour as the ballot papers (other than tendered ballot papers or tendered postal ballot papers) used at the election to which it relates.20In rule 32 in question (ii) of each of paragraphs (1)(a) and (1)(b) and in in each of questions (a), (b) and (c) in paragraph (2) after “at this” insert “ local ”.21In rule 34 after paragraph (9) insert—10The same copy of the register of electors may be used under paragraph (1) for each election.11One 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.12If 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.22In rule 35 at the end insert—4The same list may be used for each election.5If 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.23In rule 36 after paragraph (4A) insert—4BThe same list may be used for each election.4CIf 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.24In rule 37 after paragraph (6) insert—6AThe same list may be used for each election.6BIf 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.24AIn rule 37A after paragraph (10) insert—10AThe same list may be used for each election.10BIf 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.251Rule 41 is amended as follows.2After paragraph (1) insert—1ASeparate 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).3In paragraph (3) after “presiding officer” insert “ separately for the purposes of each election ”.261Rule 43 is amended as follows.2In paragraph (1) for “morning on the day after” substitute “ morning on the second day after ”.3After paragraph (1) insert—1AFor the purpose of determining the day for counting under paragraph (1) a Saturday, a Sunday and a public holiday must be disregarded.27After rule 53 insert—53A1The returning officer may make arrangements for—aballot boxes for the local election to be opened and any ballot papers for the parliamentary election to be taken out;bthose ballot papers to be taken into account for the purposes of the parliamentary election;cballot boxes for the parliamentary election to be opened and any ballot papers for the local election to be taken out;dthose ballot papers to be taken into account for the purposes of the local election.2Paragraph (1) applies notwithstanding anything else in these rules or the parliamentary elections rules.3Nothing 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).281. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 In rule 63 after paragraph (2) insert—2ANeither 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 In rule 64, for paragraphs (2) to (6) substitute substitute—2If the poll at the local election is abandoned because of a candidate’s death—ano further ballot papers at that election must be delivered in any polling station;bat 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;cthe 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).2AIn a case falling within paragraph (2)—aa ballot paper account for the local election need not be prepared or verified;bthe 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;cthe returning officer must seal up all of those ballot papers whether the votes on them have been counted or not;dit is not necessary to seal up counted and rejected ballot papers in separate packets.291In the Arrangement of Rules, in the Appendix of Forms, after the entry for Form 5 insert—5ADeclaration of Identity (Combined Polls).2In the Appendix of Forms after Form 5 (declaration of identity) insert—Form 5A

Part 3301Part V of the Representation of the People (Northern Ireland) Regulations 2001 (S.I. 2001/400) is amended as follows.2In regulation 66 (form of declaration of identity) for “in Form G” substitute—ain Form G at a parliamentary election where the poll is taken alone;bin Form J at a parliamentary election where the poll is taken together with the poll at a local election.3In regulation 71 (procedure on issue of postal ballot paper) after paragraph (4) insert—5Where the poll at one election is taken with the poll at another election, the colour of the postal ballot paper must also be marked on the declaration of identity sent with that paper.4In regulation 73 (envelopes) after paragraph (3) insert—4Where polls are taken together—athe envelope referred to in paragraph (2) must also be marked “Covering envelope for the[insert colour of ballot paper] coloured ballot paper”, andbon the envelope referred to in paragraph (3) after the words “Ballot paper envelope” there must be added “for the[insert colour of ballot paper] coloured ballot paper”.5In Schedule 3 (Forms) in the Arrangement of Forms after the entry relating to Form H insert—Form J: Declaration of identity (combined polls).6In that Schedule after Form H insert—Regulation 66(b)Form J: DECLARATION OF IDENTITY (COMBINED POLLS)(for use when a parliamentary poll is combined with a local poll)Front of formREPRESENTATION OF THE PEOPLE ACTSDECLARATION OF IDENTITYTo be returned with the[insert colour of ballot paper] coloured ballot paper No .I hereby declare that I am the person to whom the[insert colour of ballot paper] coloured ballot paper numbered as above was sent.Voter’s signatureThe voter, who is personally known to me, has signed this declaration in my presence.Witness’s signatureName of witness (WRITE CLEARLY)Address of witness (WRITE CLEARLY)SEE INSTRUCTIONS ON THE BACK OF THIS FORMBack of formINSTRUCTIONS TO THE VOTER1You must sign this declaration of identity in the presence of a person known to you.You are required to do this even if you have already signed a similar declaration of identity in respect of another election to be held on the same day. That person should then sign this declaration as a witness, adding his or her name and address. Without this the declaration will be invalid.2Vote for one candidate only. Put no other mark on the ballot paper or your vote may not be counted.3Mark a cross (✗) in the box on the right hand side of the ballot paper opposite the name of the candidate you are voting for. Do this secretly. If you cannot vote without assistance, the person assisting you must not disclose how you have voted.4Different colours are used for the ballot papers for each election. Each ballot paper has its own ballot paper envelope (the smaller envelope marked “A”), declaration of identity and covering envelope (the larger envelope marked “B”). The covering envelope and declaration of identity for a particular ballot paper are those which refer to the colour of that ballot paper. It is important that you use the correct envelopes and declaration of identity, otherwise your vote may not be counted. You may find it helpful to sort the documents into separate sets, each consisting of a ballot paper, ballot paper envelope, declaration of identity and covering envelope. Then proceed as follows—aplace each ballot paper in the correct smaller envelope and seal it;bput that envelope, together with the correct declaration of identity, in the correct covering envelope and seal it;creturn the covering envelopes without delay. Ballot papers must be received by the returning officer not later than the close of poll.5If you receive more than one ballot paper, remember that it is illegal to vote more than once (otherwise than as proxy) at thesame election. You are entitled to vote at different elections which are held on the same day.6At this election you cannot vote in person at a polling station, even if you receive an official poll card.7If you inadvertently spoil your ballot paper, you can apply to the returning officer for another one. With your application you must return, in your own envelope, the spoilt ballot paper, the declaration of identity and the envelopes marked “A” and “B”. Remember that there is little time available if a fresh postal ballot paper is to be issued and counted.311Part III of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 (S.I. 1985/454) is amended as follows.2In paragraph 6 (marking of postal ballot paper) at the end insert—3Where the poll at one election is taken with the poll at another election, the colour of the postal ballot paper shall also be marked on the declaration of identity sent with that paper.3The text of paragraph 8 (ballot paper envelope) becomes sub-paragraph (1) of that paragraph and at the end insert—2Where polls are taken together—athe covering envelope must also be marked “Covering envelope for the[insert colour of ballot paper] coloured ballot paper”, andbon the ballot paper envelope after the words “Ballot paper envelope” there must be added “for the[insert colour of ballot paper] coloured ballot paper”.Part 432The provision which may be made under section 15(5) of the Representation of the People Act 1985 (c. 50) (power of regulations to make provision in connection with the combining of polls at different elections) includes provision replacing or modifying Part 1 or paragraph 30 of this Schedule.33The provision which may be made under section 84(1) of the Northern Ireland Act 1998 (c. 47) (power to make certain provision in relation to local elections in Northern Ireland) includes provision replacing or modifying Part 2 or paragraph 31 of this Schedule.34Any power to revoke, amend or re-enact the Local Elections (Northern Ireland) Order 1985 (S.I. 1985/454) or the Representation of the People (Northern Ireland) Regulations 2001 (S.I. 200/400) includes a power to revoke, amend or re-enact that Order or those Regulations as amended by Part 3 of this Schedule.Words 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))Words 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))Sch. 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))Words 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))Word 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)(ii) (with art. 1(3))Words 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))Sch. 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))Sch. 1 Pt. 3: 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))Sch. para. 10A inserted (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 9(4)Sch. para. 24A inserted (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 9(6)Words in Sch. para. 4 substituted (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 9(2)(a)Word in Sch. para. 4 substituted (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 9(2)(b)Words in Sch. para. 5(3) inserted (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 9(3)Words in Sch. para. 19 inserted (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 9(5)Sch. para. 6 substituted (31.1.2024) by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 31(2); S.I. 2023/1145, reg. 4(e)(ix) (with Sch. para. 6)Words in Sch. para. 20 substituted (31.1.2024) by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 31(3); S.I. 2023/1145, reg. 4(e)(ix) (with Sch. para. 6)Sch. para. 29 Form 5A substituted (4.4.2024) by The Local Elections (Northern Ireland) (Amendment) Order 2024 (S.I. 2024/382), art. 1(2), Sch. 5 (with art. 1(3))