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
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”.