The Local Elections (Northern Ireland) (Amendment) Order 2020

“(5)

The nomination paper must be accompanied by a form (in this Schedule referred to as the “home address form”) which states—

(a)

the candidate’s—

(i)

full names, and

(ii)

home address in full,

(b)

at least one qualification listed in section 3(1)(a) to (c) of the Local Government Act (Northern Ireland) 19725 which the candidate meets, and

(c)

in relation to each qualification stated under sub-paragraph (b)—

(i)

if the candidate meets that qualification by reference to one address, that address in full, or

(ii)

if the candidate meets that qualification by reference to more than one address, as many of those addresses in full as it is necessary to state to establish that the candidate meets that qualification.

(6)

The home address form may contain a statement made and signed by the candidate that the candidate requires the home address not to be made public.

(7)

If the home address form contains a statement under paragraph (6), it must state the name of the relevant area within which the home address is situated.

(8)

The provisions in paragraph (1) about delivery of the nomination paper also apply to delivery of the home address form.

(9)

In this rule “relevant area” means—

(a)

in relation to a home address in England—

(i)

if the address is within a district for which there is a district council, that district,

(ii)

if the address is within a county in which there are no districts with councils, that county,

(iii)

if the address is within a London borough, that London borough,

(iv)

if the address is within the City of London (including the Inner and Middle Temples), the City of London, and

(v)

if the address is within the Isles of Scilly, the Isles of Scilly,

(b)

in relation to a home address in Wales—

(i)

if the address is within a county, that county, and

(ii)

if the address is within a county borough, that county borough,

(c)

in relation to a home address in Scotland, the local government area in which the address is situated,

(d)

in relation to a home address in Northern Ireland, the local government district in which it is situated, and

(e)

in relation to a home address outside the United Kingdom, the country or territory in which it is situated.”.

“(6)

The returning officer may not permit a home address form to be inspected otherwise than in accordance with this rule, or for some other purpose authorised by law.”.

“(4)

Paragraph (4A) applies if the returning officer—

(a)

decides that a nomination paper is invalid; or

(b)

decides that a home address form—

(i)

does not comply with rule 5(5); or

(ii)

if the form contains a statement under rule 5(6), does not comply with the requirement in that rule for a signature or with rule 5(7).

(4A)

The returning officer must endorse and sign on the paper or form that fact and the reasons for the returning officer’s decision.”.

“(2ZA)

Paragraph (2ZB) applies in relation to a person nominated whose home address form (or, if the person is nominated by more than one nomination paper, any of whose home address forms) contains the statement mentioned in rule 5(6).

(2ZB)

The reference in paragraph (2) to the person’s address is to be read as a reference to the information stated in the form under rule 5(7).”,

“(3A)

Where—

(a)

two or more of the names shown in the statement are the same or so similar as to be likely to cause confusion,

(b)

paragraph (2ZA) applies in relation to each of the persons in question, and

(c)

the information mentioned in rule 5(7) is the same for each of them,

the returning officer may cause any of their particulars to be shown on the statement with such amendments or additions as the officer thinks appropriate in order to reduce the likelihood of confusion.

(3B)

Where it is practicable to do so before the publication of the statement, the returning officer must consult any person whose particulars are to be amended or added to under paragraph (3A).

(3C)

The returning officer must give notice in writing to any person whose particulars are amended or added to under paragraph (3A).

(3D)

Anything done by the returning officer in pursuance of paragraph (3A) must not be questioned in any proceedings other than proceedings on an election petition.

(3E)

The returning officer must have regard to any guidance issued by the Electoral Commission for the purposes of paragraph (3A).”,

“(4A)

In the case of a person for whom more than one home address form has been submitted, the returning officer must take the particulars required by the provisions of this rule from such one of the forms as the candidate (or the returning officer in default of the candidate) may select.”.