The Local Elections (Northern Ireland) Order 2023

Applications for postal vote where ballot papers are to be sent to a different address

3.  In paragraph 12 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 (grant or refusal of applications)(1), at the end insert—

“(4) Sub-paragraphs (5) and (6) apply in the following situations—

(a) where a person makes an application to vote by post under paragraph 1(1) (application for postal vote for indefinite period) and the addresses provided in accordance with paragraph 1(6) (address to which ballot paper should be sent) and paragraph 5(1)(b) (address in the register) are different;

(b) where a person makes an application to vote by post under paragraph 2(1) (application for postal vote for a particular local election) and the addresses provided in accordance with paragraph 2(5) (address to which ballot paper should be sent) and paragraph 5(1)(b) (address in the register) are different;

(c) where a person who is a proxy makes an application to vote by post under paragraph 4(4) (application by proxy for postal vote for indefinite period) or paragraph 4(6) (application by proxy for postal vote for a particular local election) and the addresses provided for the proxy in accordance with paragraph 4(11) (address to which ballot paper should be sent) and paragraph 5(1)(c) (proxy’s address as provided in proxy application) are different;

(d) where a person makes an application under paragraph 2(2)(a) (application by person registered as postal voter for indefinite period to have ballot papers sent to a different address for a particular election);

(e) where a person makes an application under paragraph 4(7) (application by proxy registered as postal voter for indefinite period for ballot papers to be sent to a different address for a particular election).

(5) Where the registration officer grants the application, the notification under sub-paragraph (1) must include a statement that the ballot paper will be sent to the address specified in the application as the address to which the ballot paper should be sent.

(6) A notification about the application under sub-paragraph (1), (2) or (3) must be delivered to the applicant’s normal address, except where sub-paragraph (7) applies.

(7) This sub-paragraph applies where the applicant is—

(a) an applicant registered in pursuance of a service declaration,

(b) an applicant registered in pursuance of a declaration of local connection (within the meaning of section 7B of the 1983 Act(2)),

(c) an applicant who is a merchant seaman (within the meaning of section 6 of the 1983 Act(3)), or

(d) an applicant who has an anonymous entry.

(8) In sub-paragraph (6), “the applicant’s normal address” means—

(a) in the situation mentioned in sub-paragraph (4)(a) or (b), the address provided under paragraph 5(1)(b) (address in the register);

(b) in the situation mentioned in sub-paragraph (4)(c), the address provided under paragraph 5(1)(c) (proxy’s address as provided in proxy application);

(c) in the situation mentioned in sub-paragraph (4)(d), the address recorded under paragraph 1(3)(a) (address provided in application for postal vote as address to which ballot papers should be sent);

(d) in the situation mentioned in sub-paragraph (4)(e), the address recorded under paragraph 4(5) (address provided in application for postal vote by proxy as address to which ballot papers should be sent).”

(1)

Paragraph 12 was amended by S.I. 1987/168, S.I. 2010/2977 and by S.I. 2014/1116.

(2)

Section 7B was inserted by section 6 of the Representation of the People Act 2000 (c. 2), and was amended by section 14(1)(a)(ii) of the Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13) and by S.I. 2007/1388. It is prospectively amended by paragraph 1(3) of Schedule 8 to the Elections Act 2022 (c. 37) from a date and time to be appointed. Other amendments have been made to section 7B that are not relevant to this Order.

(3)

Section 6 was amended by paragraph 2 of Schedule 1 to the Representation of the People Act 2000 (c. 2).