Part 3Amendment of the Northern Ireland Assembly (Elections) Order 2001

Amendment of Schedule 1 (application with modifications of provisions of primary legislation relating to elections)

12.—(1) The table in Schedule 1(1) is amended as follows.

(2) In the right hand column, in the inserted rule 44B of the election rules(2) (preliminary proceedings and conduct of the count)(3), in paragraph (3)—

(a)in sub-paragraph (a)—

(i)after “it is returned” insert “by post or by hand”;

(ii)omit “and” at the end;

(b)after sub-paragraph (b) insert—

and

(c)the postal ballot paper is not one that falls to be rejected in accordance with regulation 84C of the 2008 Regulations(4)..

(1)

Schedule 1 was substituted in its entirety by S.I. 2009/256. Other relevant amendments are referenced below.

(2)

For the meaning of “election rules”, see article 2 of S.I. 2001/2599.

(3)

Rule 44B is inserted by Schedule 1 to S.I. 2001/2599 as a modification to the parliamentary elections rules when applied to Assembly elections as the Assembly elections rules. Paragraph (3)(a) was amended by S.I. 2015/222.

(4)

See article 3(3)(i) of S.I. 2001/2599, according to which, in the provisions applied by Schedules 1 and 2 to S.I. 2001/2599, any reference to an enactment or instrument made under an enactment must be construed as a reference to that enactment or instrument as applied by S.I. 2001/2599.