Elected Authorities (Northern Ireland) Act 1989
A person is entitled to vote as an elector at a local election in any district electoral area if on the date of the poll he—
is registered in the register of local electors for that area;
is not subject to any legal incapacity to vote (age apart);
he is not subject to any legal incapacity to vote (age apart), and
he is either a Commonwealth citizen or a citizen of the Republic of Ireland, and
is a Commonwealth citizen, a citizen of the Republic of Ireland , a qualifying EU citizen or an EU citizen with retained rights, and
is of the age of eighteen or over.
A person is not entitled to vote as an elector in any district electoral area unless registered there in the register of local electors to be used at the election.
A person is not entitled to vote as an elector—
more than once in the same district electoral area at any local election, or
in more than one district electoral area at a local general election for any district.
For the purposes of this section, a person does not attain the age of eighteen years until the beginning of the relevant anniversary of the day of his birth.
Notwithstanding section 205(2) of the Representation of the People Act 1983 (Act does not affect law relating to local government in Northern Ireland), the provisions of that Act specified in Part I of Schedule 1 to this Act shall have effect in Northern Ireland for the purposes of local elections (as well as parliamentary elections) but, in the case of local elections, with the modifications specified in Part II of that Schedule.
In the case of local elections, it is immaterial for the purposes of section 3 of that Act (disfranchisement of convicted persons) as applied by this section whether the conviction or sentence was before or after the passing of this Act.
A person is not validly nominated as a candidate at a local election unless his consent to nomination includes a declaration in the form set out in Part I of Schedule 2 to this Act.
In Schedule 5 to the Electoral Law Act (Northern Ireland) 1962, in the Appendix of Forms, in the form headed “Candidate’s consent to nomination”, after the paragraph beginning “I further declare” there is inserted the paragraph set out in Part I of Schedule 2 to this Act.
A person is not eligible to be returned to a district council to fill a casual vacancy in the council unless he has made, and served on the clerk of the council, a declaration in the form set out in Part II of Schedule 2 to this Act.
any person who—
A person is not validly nominated as a candidate at an election to the Northern Ireland Assembly unless his consent to nomination includes a declaration in the form set out in Part I of Schedule 2 to this Act.
A person who has made a declaration required for the purposes of section 3, 4 or 5 of this Act in connection with a local election, an election to the Northern Ireland Assembly or the filling of a casual vacancy in a district council acts in breach of the terms of the declaration if at any time after he is declared to be elected at that election or is declared to be returned to fill that vacancy and while he remains a member of the district council or of the Assembly—
he expresses support for or approval of—
a proscribed organisation, or
acts of terrorism (that is to say, violence for political ends) connected with the affairs of Northern Ireland, and
he does so—
at a public meeting, or
knowing, or in such circumstances that he can reasonably be expected to know, that the fact that he has made that expression of support or approval is likely to become known to the public.
For the purposes of subsection (1) above a person shall be taken to express support for, or approval of, any matter if his words or actions could reasonably be understood as expressing support for, or approval of, it.
It is immaterial for the purposes of subsection (1) above—
whether the expression of support or approval is made by spoken or written words, by the display of written matter or by other behaviour, and
whether it is made in the United Kingdom or elsewhere.
This section has effect notwithstanding section 26(1) of the Northern Ireland Constitution Act 1973 (privileges of the Northern Ireland Assembly).
In this section—
“proscribed organisation” has the same meaning as in section 21 of the Northern Ireland (Emergency Provisions) Act 1978,
Section 2.
Section 3(1) and (2) (disfranchisement of offenders in prison, etc.). Section 3A(1) and (4) to (7) (disfranchisement of offenders detained in mental hospitals). Section 4(3) to (6) (entitlement to be registered). Sections 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). Sections 9, 9B, 9C,9A,10, 10ZA, 10ZB, 10ZF, 10A , 10B, 13 , 13A, 13BA and 13D (preparation, publication and alteration of registers and related offences ). Sections 14 to 17 (service qualifications and service declarations). Sections 49 and 50 (effect of registers and of misdescription). Section 53 and, in Schedule 2, paragraphs 1(2) to (5), 1A, 2B, 3, 3A,3B, 4 to 11A and 13 (regulations as to registration). Section 54(2) to (4) (expenses of registration). Section 58 (registration appeals: Northern Ireland). Section 59 (supplemental provisions as to members of forces, etc.). Section 62 (offences as to declarations). Section 180A (evidence by certificate of electoral registration). Section 201 (regulations) and, in section 202(1), the definitions of“anonymous entry”, “dwelling”, “prescribed” and “qualifying address”. Sections 203A and 203B (meaning of “qualifying EU citizen” and “EU citizen with retained rights”). Schedule 6A (list of countries for the purposes of section 203A).
References to local government elections are to be read as references to local elections.
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.
References to the registration officer are to be read as references to the Chief Electoral Officer for Northern Ireland.
References to local government electors are to be read as references to local electors.
References to legal incapacity are to legal incapacity within the meaning of this Act.
References to any other provision mentioned in Part I of this Schedule are to that provision as modified by this Part.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 4(3)(c)— In section 4(4)(a), the reference to any enactment includes an enactment comprised in Northern Ireland legislation.
In section 9, for subsection (1)(b) there is substituted—
In section 7B—
references to the United Kingdom are to be read as references to Northern Ireland;
in subsection (3)(e)—
in sub-paragraph (i), omit “in England,”, and
omit sub-paragraph (ii) (and the “or” preceding it);
in subsection (7)(a)—
in sub-paragraph (i), omit “in England,”, and
omit sub-paragraph (ii) (and the “or” preceding it).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (1) “or, in Northern Ireland, of parliamentary electors” is omitted,
in subsection (2) “parliamentary” is omitted, and
in subsection (4) the reference to the Representation of the People Acts includes section 1 of this Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 49—
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—, and
in subsection (5)—
in the first sentence, omit “, or entered in the list of proxies,”,
in paragraph (b)(iiia), omit “in England or entered in the list of proxies”, and
omit paragraph (b)(iv).
In section 50, for paragraph (c) there is substituted—.
In section 53—
in subsection (1)(a) omit the words from “and any special lists” to the end,
for subsection (1)(b) substitute—
in subsection (1)(c) “or to voting by post or proxy” is omitted.
with respect to—
the procedure to be followed in the preparation of the register, and
the place and manner of its publication; and;”.
subsection (1)(ba) is omitted;
In section 15(5)(a)—
in sub-paragraph (i), omit “in England,”, and
omit sub-paragraph (ii) (and the “or” preceding it).
In section 54, in subsections (3) and (4) paragraph (a) is omitted.
In section 17(1)(c)—
in sub-paragraph (i), omit “in England,”, and
omit sub-paragraph (ii) (and the “or” preceding it).
In section 58, omit subsection (1)(bb) and (c) and after subsection (2) insert—.
subsection (1)(b), and
in subsection (4) the words from the beginning to “and”,
In section 59, in subsection (3)(a) the words from “and of” to the end are omitted.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in paragraph 5(2) “or with his appointment as a proxy”,
paragraph 5A, and
in paragraph 13(1)(a) “or paragraph 2”,
In Schedule 2, references to applications under sections 13BD, 13BE and 13C and documents or cards issued under any of those sections are to be disregarded, and the following are omitted—
in paragraph 1A—
sub-paragraph (1A)(b)(iii);
in sub-paragraph (6), “or a relevant absent voting application”;
sub-paragraphs (7)(a) and (8);
in paragraph 5(2), “or with his appointment as a proxy”;
paragraphs 5ZA and 5A;
in paragraph 13(1)(a), “or paragraph 2”.
Sections 3, 4 and 5.
I declare that, if elected, I will not by word or deed express support for or approval of—
any organisation that is for the time being a proscribed organisation specified in Schedule 2 to the Terrorism Act 2000; or
acts of terrorism (that is to say, violence for political ends) connected with the affairs of Northern Ireland.
I, (name in full) , of (home address in full) declare that, if I am returned to be a councillor for the District of (name of district) , I will not by word or deed express support for or approval of— Signed Date
any organisation that is for the time being a proscribed organisation specified in Schedule 2 to the Terrorism Act 2000; or
acts of terrorism (that is to say, violence for political ends) connected with the affairs of Northern Ireland.
Section 11.
Chapter Short Title Extent of repeal 1962 c. 14 (N.I.) Electoral Law Act (Northern Ireland) 1962. Part I. Section 14(4)(b). In sections 14A(4) and 14B the words “out of moneys hereafter appropriated for the purpose of meeting such expenses”. Section 15(1). Section 21(5), (6), (9) and (10). Section 28(1) to (6). Section 29(1) and (6). Sections 31 and 32. Section 121. In section 130(1), the definitions of “publication year”, “Registration Rules” and “registration year”. Schedule 1. Schedule 3. In Schedule 9, paragraph 24, in paragraph 25 the words “or the registration of electors” and paragraph 33. 1968 c. 20 (N.I.) Electoral Law Act (Northern Ireland) 1968. Sections 3 and 4. Schedule 2. 1969 c. 26 (N.I.) Electoral Law Act (Northern Ireland) 1969. In section 2, in subsection (1) the words from “and if” to “qualifying date”, and subsections (2) and (4). In Schedule 1, all the entries except those relating to sections 67 and 130(1) of, and Schedules 7 and 9 to, the Electoral Law Act (Northern Ireland) 1962. 1971 c. 4 (N.I.) Electoral Law Act (Northern Ireland) 1971. Section 2(1)(c) and (d)(i) and (2). S.I.1972/1264 (N.I.13) Electoral Law (Northern Ireland) Order 1972. Article 7(1) to (6) and, in Article 7(7), the words from the beginning to “and”. In Schedule 2, the entries relating to sections 21 (except subsection (8)) and 28 of and Schedule 3 to the Electoral Law Act (Northern Ireland) 1962.
Year and Number Title Extent of Revocation S.R.(N.I.) 1980/354 Electoral Law (Registration Rules) (Variation No.2) Order (Northern Ireland) 1980. The whole Order. S.R.(N.I.) 1985/333 Electoral )Law (Registration Rules) (Variation Order (Northern Ireland) 1985. The whole Order. S.R.(N.I.) 1986/194 Electoral Law (Registration Rules) (Variation) Order (Northern Ireland) 1986. The whole Order.
“proscribed organisation” has the same meaning as in section 3 of the Terrorism Act 2000,
“public meeting” includes—
any meeting in a public place,
any meeting which the public or any section of the public is permitted to attend, whether on payment or otherwise, and
any highway, and
any place to which at the material time the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission.
any meeting of the Northern Ireland Assembly, a district council or any committee or sub-committee of the Assembly or such a council (whether or not a meeting which the public is permitted to attend), and
any meeting in a public place,
any meeting which the public or any section of the public is permitted to attend, whether on payment or otherwise, and
any meeting of the Northern Ireland Assembly, a district council or any committee or sub-committee of the Assembly or such a council (whether or not a meeting which the public is permitted to attend), and
any highway, and
any place to which at the material time the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission.
Any one or more of the persons specified in subsection (2) below may apply to the High Court for a determination that a person has acted in breach of the terms of a declaration against terrorism made by him.
The persons referred to in subsection (1) above are—
in relation to a member of a district council—
the district council,
any person who would be entitled to vote at an election to that council held on the date of the application, and
any other member of that council, and
in relation to a member of the Northern Ireland Assembly—
any person who would be entitled to vote at an election to the Assembly held in the member’s constituency on the date of the application, and
any other member of the Assembly.
For the purposes of this section, a person who was nominated— shall be conclusively presumed to have made a declaration in the form set out in Part I of Schedule 2 to this Act at the time of the nomination.
after the passing of this Act as a candidate for election to the office of member of a district council, or
after the coming into force of section 5 of this Act as a candidate for election to the office of member of the Northern Ireland Assembly,
For the purposes of this section, a person who was returned to a district council after the passing of this Act to fill a casual vacancy in the council shall be conclusively presumed to have made a declaration in the form set out in Part II of Schedule 2 of this Act in relation to that vacancy before he was so returned.
Where on an application under this section the High Court is satisfied that the person to whom the application relates has acted in breach of the terms of a declaration against terrorism made by him, the court may make a determination accordingly.
In this section—
“declaration against terrorism” means a declaration required for the purposes of section 3, 4 or 5 of this Act, and
references to acting in breach of the terms of such a declaration shall be construed in accordance with section 6 of this Act.
In section 4(1) of the Local Government Act (Northern Ireland) 1972 (disqualification for being elected or being a member of a district council) at the end of paragraph (d) there is inserted—.
In section 3 of the Northern Ireland Assembly Act 1973 after subsection (1) there is inserted—.
In section 4(1) of the Local Government Act (Northern Ireland) 1972, at the end of paragraph (c) there is inserted—.
At the end of that section there is added—
In subsection (1)(d) of that section the words from “been convicted” to “fine or” are omitted.
Subsection (1)(cc) of that section applies to any sentence or order, whether passed or made before or after the passing of this Act, except in a case where the offender has ceased to be imprisoned or detained (or unlawfully at large) before the passing of this Act; and subsection (3) above does not affect the application of subsection (1)(d) of that section in such a case.
An offender who would otherwise fall within that case does not do so if, after the passing of this Act, he is required, in respect of the same offence or offences, to return to prison or detention for a further period, but the earlier period of imprisonment or detention is to be disregarded in his case for the purposes of subsections (3) and (4) of that section.
In this Act—
“district council” has the meaning given by section 44 of the Interpretation Act (Northern Ireland) 1954,
“public meeting” includes—
“local election”, “local elector” and “local general election” have the same meaning as in the Electoral Law Act (Northern Ireland) 1962, and
Any reference in any statutory provision to any provision repealed or revoked by this Act is to be read as a reference to the corresponding provision of this Act or of the Representation of the People Act 1983 as applied by section 2 of this Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 14B of the Electoral Law Act (Northern Ireland) 1962, for the words from “travelling”, where it first occurs, to the end there is substituted “and to persons appointed, or to whom functions are delegated, under section 14A travelling and subsistence allowances at such rates as the Secretary of State, with the approval of the Treasury, may determine”.
In section 29(8) of the Electoral Law Act (Northern Ireland) 1962, for “any provision of section thirty-one” there is substituted “section 1(3) of the Elected Authorities (Northern Ireland) Act 1989”.
In section 130(1) of the Electoral Law Act (Northern Ireland) 1962—
“legal incapacity” has the same meaning as in the Elected Authorities (Northern Ireland) Act 1989
“polling district” means a ward
In section 3(1) of the Local Government Act (Northern Ireland) 1972, for the words from “a person to whom” to “applies” there is substituted “a citizen of the Republic of Ireland”.
“local elector” has the same meaning as in the Electoral Law Act (Northern Ireland) 1962
In Article 7(7) of the Electoral Law (Northern Ireland) Order 1972, for “those expenses” there is substituted “all expenses properly incurred in connection with the registration of local electors”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (7)(b), the words from “and, in Northern Ireland” to the end are repealed, and
in subsection (8), for “in accordance with the Electoral Law Act (Northern Ireland) 1962” there is substituted “for the purposes of local elections”.
The Northern Ireland legislation specified in Part I of Schedule 3 to this Act and the subordinate legislation specified in Part II of that Schedule is repealed or revoked to the extent specified in the third column.
There shall be paid out of money provided by Parliament—
any increase attributable to the provisions of this Act in the sums so payable under any other enactment, and
any expenses incurred under section 14A(4) or 14B of the Electoral Law Act (Northern Ireland) 1962.
There shall be paid into the Consolidated Fund any increase attributable to the provisions of this Act in the sums so payable under any other enactment.
This Act may be cited as the Elected Authorities (Northern Ireland) Act 1989.
The following provisions of this Act— shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different provisions and for different purposes.
section 1(2) and Schedule 1, except so far as that Schedule relates to sections 3 and 4 of the Representation of the People Act 1983, and
sections 5 and 8(2),
Subsection (4) below applies to any local election held—
on or after the day which, under section 11 of the Electoral Law Act (Northern Ireland) 1962, is the election day in 1989, but
before the earliest day on which the first register of local electors prepared under the Representation of the People Act 1983 as applied by section 2 of this Act would be used for an election.
A person is not entitled to vote as an elector at a local election to which this subsection applies in any district electoral area unless—
he is registered there in the register of parliamentary electors prepared under the Representation of the People Acts and the date by reference to which it was prepared is the qualifying date for the local election, or
he is a peer and is registered there in the register of electors prepared under the Electoral Law Act (Northern Ireland) 1962 by reference to the qualifying date for the local election.
For the purposes of a local election to which subsection (4) above applies, section 49(2) to (5) and 50 of the Representation of the People Act 1983 shall have effect—
with the modifications specified in Part II of Schedule 1 to this Act, except paragraph 4, and
as if references to the register of parliamentary electors or the register of local government electors and references to persons registered as parliamentary or local government electors were references respectively to the register mentioned in paragraph (a) or, in the case of peers, paragraph (b) of subsection (4) above and to persons registered in that register.
Nothing in this Act affects the law relating to registration for local elections, in its application to peers, for the purposes of a local election to which subsection (4) above applies.
This Act . . . extends to Northern Ireland only.