The Local Elections (Northern Ireland) Order 2010

Interpretation and general

1.—(1) In this Schedule—

“1985 Order” means the Local Elections (Northern Ireland) Order 1985(1);

“2008 Regulations” means the Representation of the People (Northern Ireland) Regulations 2008(2);

“Chief Electoral Officer” means the Chief Electoral Officer for Northern Ireland;

“edited register” has the same meaning as in regulation 93 of the 2008 Regulations;

“enactment” has the same meaning as in section 17(2) of the Representation of the People Act 2000(3);

“the full register” means the register published under section 13(1) or (3) of the Representation of the People Act 1983(4);

“Local Elections Rules” means the Rules contained in Schedule 5 to the Electoral Law Act (Northern Ireland) 1962;

“the marked register or lists” means any of the marked copies of the full register, marked copy notices under section 13BA(9) of the Representation of the People Act 1983, list of proxies, absent voters list and proxy postal voters list retained by the proper officer, under rule 60 of the Local Elections Rules or paragraph 19 of Part 3 of Schedule 2 to the 1985 Order;

“processor” means any person who provides a service which consists of putting information in data form or processing information in data form and any reference to a processor includes a reference to that processor’s employees;

“proper officer” means the person referred to as the proper officer of the council in rules 59 and 60 of the Local Elections Rules; and

“research purposes” is to be construed in accordance with section 33(1) of the Data Protection Act 1998(5).

(2) In this Part, any reference to an employee of any person who has access to a copy of the full register is deemed to include a person working or providing services for the purposes of that person or employed by or on behalf of, or working for, any person who is so working or who is supplying such a service.

(3) The processor may not disclose the full register or the information contained in it except to the person who supplied it to the processor or an employee of that person or a person who is entitled to obtain a copy of the full register under the 2008 Regulations or any employee of such a person.

(4) In computing a period of days for the purposes of this Schedule, Saturday, Sunday, Christmas Eve, Christmas Day, Good Friday or a bank holiday is to be disregarded.

(5) In paragraph (4) “bank holiday” means a day which is a bank holiday under the Banking and Financial Dealings Act 1971(6) in Northern Ireland.

(6) Any duty on the proper officer to supply records or lists or make them available for inspection under this Schedule imposes only a duty to provide that information in the form in which the proper officer holds it.

(1)

S.I. 1985/454; Schedule 2 to the 1985 Order is amended by Schedule 2 to this Order.

(2)

S.I. 2008/1741; these Regulations were amended by S.I. 2010/278.

(3)

S.I. 2000 c.2 (“the 2000 Act”)

(4)

1983 c.2; section 13 was substituted by section 8 of, and Schedule 1 to, the 2000 Act; subsection (1) was subsequently substituted by section 5 of the Northern Ireland (Miscellaneous Provisions) Act 2006 (c.33); and section 13BA was inserted by section 6 of that Act.

(5)

1998 c. 29.

(6)

1971 c.80.