Application of certain provisions for elections under the 1996 Act3

1

The provisions of the 1983 Act, the Elections (Northern Ireland) Act 19857 and the 1985 Act which are specified in the left-hand column of Schedule 1 to this Order shall, subject to—

a

any modifications and exceptions specified in relation to those provisions in the right-hand column of that Schedule; and

b

the provisions of paragraphs (5) to (8) below,

apply for the purposes of an election under the 1996 Act.

2

The provisions of the 1986 Regulations, the Election Petition Rules 19648 and the Planning (Control of Advertisements) Regulations (Northern Ireland) 19929 which are specified in the left-hand column of Schedule 2 to these Regulations shall, subject to—

a

any modifications and exceptions specified in relation to those provisions in the right-hand column of that Schedule, and

b

the provisions of paragraphs (5) to (9) below,

apply for the purposes of an election under the 1996 Act.

3

Section 72 of the Post Office Act 196910 shall apply in relation to an election as it applies in relation to a parliamentary election and as though the reference to the 1983 Act was a reference to that Act as applied by this Order.

4

Section 35(2)(h) of the Judicature (Northern Ireland) Act 197811 shall apply in relation to a petition questioning an election as it applies in relation to a petition questioning a parliamentary election and as though the reference to sections 120 to 156 of the 1983 Act was a reference to those sections as applied by this Order.

5

Unless the context otherwise requires, in the provisions applied by Schedules 1 and 2 to this Order, any provision relating to a local government election or local government electors and any other provision having effect solely in Great Britain or part of Great Britain, and references in connection therewith, shall be disregarded.

6

Unless the context otherwise requires, in the provisions applied by Schedules 1 and 2 to this Order:—

a

any reference to a parliamentary election, including a reference to a general election or a by-election, shall be construed as a reference to an election under the 1996 Act and a reference to the parliamentary elections rules shall be construed as a reference to the elections rules;

b

any reference to a parliamentary elector and a register of parliamentary electors shall be construed as a reference to an elector and a register (as those expressions are defined by article 2 above), respectively;

c

any reference to an overseas elector or a person registered in pursuance of an overseas elector’s declaration shall be disregarded;

d

any reference to a candidate in the provisions listed in paragraph (7) below shall be construed as a reference to a party;

e

any reference to a person being elected shall, in the context of a candidate, be construed as a reference to his being returned;

f

any reference to a candidate’s election agent, sub-agent, polling agent, counting agent or agent appointed to attend the proceedings on the issue or receipt of postal ballot papers shall be construed as a reference to a party’s election agent, sub-agent, polling agent, counting agent or, as the case may be, agent to attend the proceedings on the issue or receipt of postal ballot papers;

g

any reference to a member, in the context of a Member of Parliament, shall be construed as a reference to a delegate;

h

any reference to a parliamentary election petition shall be construed as a reference to a petition challenging an election under the 1996 Act; and

i

any reference to the giving of notice in a constituency concerning election petitions shall be disregarded as respects a petition relating to the return of regional delegates.

7

The provisions of the 1983 Act referred to in paragraph (6)(d) above are—

a

the following sections:

  • section 66;

  • section 68;

  • section 75(2)(a);

  • section 94;

  • section 99;

  • section 102;

  • section 109;

  • section 110(1);

  • section 111; and

  • section 117(2); and

b

the following rules in Schedule 1:

  • rule 29(5)12;

  • rule 30(2) and (9);

  • rule 32(2);

  • rule 44(5);

  • rule 47;

  • the form of directions as to printing the ballot paper13; and

  • the form of directions for the guidance of the voter in voting14.

8

Unless the context otherwise requires, in the provisions applied by Schedules 1 and 2 to this Order any reference to an enactment or instrument made under an enactment shall be construed as a reference to that enactment or instrument as applied by this Order.

9

In forms G, H, J and K in Schedule 2 to the 1986 Regulations, as applied by Schedule 2 to this Order, for the words “REPRESENTATION OF THE PEOPLE ACTS” there shall be substituted “Northern Ireland (Entry to Negotiations, etc.) Act 1996”.