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

Commentary on Sections

Section 1: Election of next Assembly

5.This section amends the Northern Ireland Act 1998 and postpones the date of the poll for next Assembly election from 29 May 2003 to a date to be specified in an order made by the Secretary of State.

6.Subsection (2) substitutes a new section 31(2) in the 1998 Act and provides that the date of the poll for the next election of the Assembly shall be a date specified in an order made by the Secretary of State.

7.Subsection (3) inserts new subsections (2A) to (2D) to section 96 of the 1998 Act. This provides that the order made under the new section 31(2) shall be laid before Parliament after it is made. The order 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. In calculating the period of 28 days, 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.

8.Subsection (4) amends, for the purposes of the next election, the timetable set out in the Parliamentary Election Rules in Schedule 1 of the Northern Ireland Assembly (Elections) Order 2001. It also provides for what is to be the “relevant period” for the purpose of paragraph 7 of each of the schedules 9 and 10 to the Political Parties, Elections and Referendums Act 2000, which provide limits on campaign expenditure and controlled expenditure respectively in relation to Assembly elections.

9.Subsection (5) repeals various subsections of the Northern Ireland Assembly Elections Act 2003, which are now spent.

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