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

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends legislation for local elections in Northern Ireland in relation to disclosure of candidates’ home addresses and the requirements of forms used in local elections. In particular, it amends the Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.)) (the “1962 Act”), the Local Elections (Northern Ireland) Order 1985 (S.I. 1985/454) (the “1985 Order”), the Elections Act 2001 (c. 7) (the “2001 Act”) and the Local Elections (Northern Ireland) Order 2013 (S.I. 2013/3156) (the “2013 Order”).

Articles 3 to 8 amend, in relation the disclosure of candidates’ home addresses, the rules for local elections in Northern Ireland in Schedule 5 to the 1962 Act.

The amendments remove the requirement for candidates’ home addresses to be included on nomination papers (see article 3). This is replaced with a requirement that details of the candidate’s home address, certain criteria that qualify them to stand in that election and the address or addresses that so qualifies them are provided in a new form known as the “home address form” (see article 3).

A candidate may state on the home address form that they do not want their home address to be made public. If a candidate does so, their home address form must instead state the area in which their address is situated (see article 3). In such cases, it is that area, not the candidate’s home address (as is presently the case), that will appear in the statement of persons nominated (see article 6).

Article 9(a)-(d) replaces the forms of nomination paper, consent to nomination form, ballot paper and ballot paper printing instructions in the Appendix to Schedule 5 to the 1962 Act. The new nomination paper and consent to nomination form no longer contain references to the candidate’s home address. The new ballot paper and ballot paper printing instructions enable the ballot paper to display the area in which a candidate’s home address is situated rather than their full home address. The new ballot paper printing instructions also no longer contain the requirement that candidates’ surnames are printed in all capital letters on ballot papers.

Articles 9(e), 10, 11 and 12 amend forms in the 1962 Act, 1985 Order, 2001 Act and 2013 Order that are used at local elections held in Northern Ireland. The amendments amend the declarations of identity, poll cards, postal poll cards, proxy poll cards, proxy postal poll cards, certificates of employment, declarations made by the companions of voters with disabilities, proxy papers, and declarations of identity at combined polls to provide that names of the appropriate council on those forms need only be finished with the word “Council” rather than the words “District Council”.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.