The Local Elections (Northern Ireland) Order 1985

EXPLANATORY NOTE

(This Note is not part of the Order.)

This Order replaces the Northern Ireland (Local Elections) Order 1977 (“the 1977 Order”). In common with that Order, this Order amends and supplements the provisions of the Electoral Law Act (Northern Ireland) 1962 (“the 1962 Act”) in its application to local government elections in Northern Ireland. The changes are as follows.

Article 4 of this Order substitutes the new local elections rules which are set out in Schedule 1 to the Order for the rules in Schedule 5 to the Act of 1962 (as substituted by the 1977 Order). The new rules include provisions about the documents an elector must produce at a polling station in order to obtain a ballot paper which provisions correspond to sections 1 and 2 of the Elections (Northern Ireland) Act 1985. In common with the rules substituted by the 1977 Order, the new elections rules provide for the use of the single transferable vote system at local elections. However, in other respects the new rules are more closely based on the parliamentary elections rules in Schedule 1 to the Representation of the People Act 1983 (c.2) (“the 1983 Act”).

Article 6 of, and Schedule 2 to, this Order make fresh provision for absent voting at local elections. Under paragraph 2 of Part I of Schedule 2 to the Order those electors who are also registered as parliamentary electors and are, in respect of that registration, entitled to absent voting facilities for an indefinite period at those elections, are entitled, on application, to those facilities for an indefinite period at local elections. Paragraph 4 enables electors to apply for absent voting facilities at a particular local election. The grounds of entitlement are similar to the grounds of entitlement for local electors in Great Britain under the 1983 Act. Part III of Schedule 2 to the Order provides for the issue and receipt of postal ballot papers.

Article 8 extends from three to six months the time in which the Chief Electoral Officer as returning officer must submit his account of expenses to the relevant local authority and extends from twenty-one to forty-two days the time in which claims against the returning officer must be sent to him.

Article 9 amends section 42(1) of the Act of 1962 to increase the limit on candidates' election expenses at local elections. That limit is calculated by reference to a fixed sum (which was £110 and will be £135) together with an additional sum (which was 2.3p and will be 2.8p) in respect of each entry in the register of electors for that election. The sums were last increased in February 1981. Article 10 increases the fee payable for the inspection of the returns as to election expenses at local elections from 10p to £1 and alters the fee payable for copies of those returns so that such copies are now available at 10p for each side of each page. The present fees have not been increased since the enactment of the Act of 1962 (which Act was itself a consolidation).

Article 12 removes the requirement for a candidate at a local election to deposit £15 pending the outcome of the election.

Article 13 disapplies section 110 of the Act of 1962 under which a person unfairly charged with personation was entitled to a sum not exceeding £10 in respect of damages and costs arising from his arrest.

Article 14 extends certain voting offences in the Act of 1962.

Article 15 makes provision with respect to the possession of certain documents which corresponds to section 3 of the Elections (Northern Ireland) Act 1985. The Article creates an offence in respect of the possession of the documents referred to in paragraph (2) of Article 15 on the day of the poll or the preceding day so as to commit personation. It confers powers on constables in connection with the offence; and creates a related offence of obstruction or concealment punishable by a maximum of six months imprisonment or a fine not exceeding level 5 on the standard scale ( currently £2,000).

Article 7 makes a minor drafting amendment and Article 11 sets out in a different form the provision included in the 1977 Order by which candidates are entitled to send their election addresses post free. Articles 16 to 18 make consequential amendments.