Elected Authorities (Northern Ireland) Act 1989

Section 2.

SCHEDULE 1N.I. Application and modification of Representation of the People Act 1983

Part I N.I. Provisions applied

Section 3(1) and (2) (disfranchisement of offenders in prison, etc.).

[F1Section 3A(1) and (4) to (7) (disfranchisement of offenders detained in mental hospitals).]

[F2Section 4(2) to (6) (entitlement to be registered).]

[F2Sections 5 and 6 (residence (general) and residence of merchant seamen).

Sections 7 to 7C (residence of mental patients, and of persons remanded in custody, and declarations of local connection).]

[F2Sections 9, 10, 10A [F3, 13 to 13B and 13D ] (preparation, publication and alteration of registers [F4and related offences] ).]

Sections 14 to 17 (service qualifications and service declarations).

Sections 49 and 50 (effect of registers and of misdescription).

[F2Section 53 and, in Schedule 2, paragraphs 1(2) to (5), 3, 3A, 4 to 11A and 13 (regulations as to registration).]

Section 54(2) to (4) (expenses of registration).

Section 56(1) and (3) to (5) (registration appeals).

[F1Section 58(2) (registration appeals: Northern Ireland).]

Section 59 (supplemental provisions as to members of forces, etc.).

Section 62 (offences as to declarations).

[F1Section 180A (evidence by certificate of electoral registration).]

Section 201 (regulations) and, in section 202(1), [F5the definitions of “dwelling”, “prescribed” and “qualifying address”].

Part II N.I. Modifications

GeneralN.I.

1N.I.References to local government elections are to be read as references to local elections.

2N.I.References to section 2 (local government electors in Great Britain) are to be read as references to section 1 of this Act and references to Part I (Parliamentary and local government franchise and its exercise) include section 1 of this Act.

3N.I.References to the registration officer are to be read as references to the Chief Electoral Officer for Northern Ireland.

4N.I.References to local government electors are to be read as references to local electors.

5N.I.References to legal incapacity are to legal incapacity within the meaning of this Act.

6N.I.References to any other provision mentioned in Part I of this Schedule are to that provision as modified by this Part.

SpecificN.I.

[F67(1)In section 4(2)—N.I.

(a)for “parliamentary electors for any constituency” substitute “local electors for any district electoral area”; and

(b)for “subsection (1) above,” substitute “subsection (3) below,”.

(2)In section 4(4)(a), the reference to any enactment includes an enactment comprised in Northern Ireland legislation.]

[F77AN.I.In section 7B references to the United Kingdom are to be read as references to Northern Ireland.]

8N.I.In section 9, for subsection (1)(b) there is substituted—

“(b)a register of local electors for each district.”

F99N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1010N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1111N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12N.I.In section 49—

(a)in subsection (2), in paragraph (b) the reference to a local government area is to be read as a reference to a district and at the end of that subsection there is inserted—

“(c)whether or not a person registered as an elector in a district was during the whole of the period of three months ending on the qualifying date resident in Northern Ireland”, and

(b)in subsection (5) “or entered in the list of proxies” is omitted.

13N.I.In section 50, for paragraph (c) there is substituted—

“(c)in any list, notice or other document required for the purposes of this Part of this Act”.

14N.I.In section 53—

[F12(a)in subsection (1)(a) omit the words from “and any special lists” to the end,

(b)for subsection (1)(b) substitute—

“(b)with respect to—

(i)the procedure to be followed in the preparation of the register, and

(ii)the place and manner of its publication; and;”.]

(c)in subsection (1)(c) “or to voting by post or proxy” is omitted.

15N.I.In section 54, in subsections (3) and (4) paragraph (a) is omitted.

16In section 56—

(a)subsection (1)(b), and

(b)in subsection (4) the words from the beginning to “and”,

are omitted.

17N.I.In section 59, in subsection (3)(a) the words from “and of” to the end are omitted.

18N.I.In Schedule 2—

(a)in paragraph 5(2) “or with his appointment as a proxy”,

(b)paragraph 5A, and

(c)in paragraph 13(1)(a) “or paragraph 2”,

are omitted.