Elections Act 2022

32 Candidates etc

(1) A person falls within this section if the person is—

(a) a candidate or future candidate at an election for a relevant elective office or a relevant Scottish elective office, or

(b) a substitute or nominee in relation to the seat of a member of the Northern Ireland Assembly or of a district council in Northern Ireland.

(2) The reference in subsection (1)(a) to a person who is a candidate at an election includes a person who is included in a list of candidates submitted in connection with the election.

(3) For the purposes of subsection (1)(a) a person is a future candidate at an election for a relevant elective office or a relevant Scottish elective office if—

(a) the person has been declared, whether by the person or by others, to be a candidate at the election (and the declaration has not been withdrawn),

(b) the election is the next scheduled election for the office, and

(c) the notice of the election has not been published or, in the case of an election for the office of member of the House of Commons, the writ for the election has not been issued.

(4) For the purposes of subsection (1)(b) a person is a substitute—

(a) in relation to the seat of a member of the Northern Ireland Assembly, if the person—

(i) is included in a notice given by the member under article 6A of the 2001 Order (vacancies arising during an Assembly term: independent members) or, where the member has given more than one notice under that article, in the last such notice, or

(ii) is being considered by the member for inclusion in such a notice;

(b) in relation to the seat of a member of a district council in Northern Ireland, if the person—

(i) is included in a list of substitutes given by the member under section 11C of the 1962 Act (substitute lists: independent members) or, where the member has given more than one list of substitutes under that section, in the latest such list, or

(ii) is being considered by the member for inclusion in such a list.

(5) For the purposes of subsection (1)(b) a person is a nominee—

(a) in relation to the seat of a member of the Northern Ireland Assembly, if the person—

(i) has under article 6B of the 2001 Order (vacancies arising during an Assembly term: members of registered parties) been nominated by the nominating officer of a registered party to fill a vacancy in the seat, or

(ii) is being considered by the nominating officer of a registered party for nomination under that article;

(b) in relation to the seat of a member of a district council in Northern Ireland, if the person—

(i) has under section 11E or 11F of the 1962 Act (members for registered parties: filling casual vacancies) been nominated by the nominated officer of a registered party to fill a vacancy in the seat, or

(ii) is being considered by the nominating officer of a registered party for nomination under either of those sections.

(6) For the purposes of subsection (5)(b) as it applies in relation to section 11F of the 1962 Act, references to the nominated officer of a registered party are to be read as references to the nominating officers of each of the registered parties concerned.

(7) In this section—

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

• “the 2001 Order” means the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599);

• “nominating officer”, in relation to a registered party, means the person registered as the party’s nominating officer under PPERA in the Northern Ireland register (within the meaning of PPERA);

• “registered party” means a party registered under PPERA in that register.