ELECTORAL LAW ACT (NORTHERN IRELAND) 1962

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ELECTORAL LAW ACT (NORTHERN IRELAND) 1962 - SECT 130

Interpretation.

130.(1) In this Act the expression

["Chief Electoral Officer" means the Chief Electoral Officer for Northern
Ireland appointed under section 14 and, in relation to any function, includes
a person to whom that function is delegated under section 14A(2) of this Act
or Article 9(2) of the Electoral Law (Northern Ireland) Order 1972;]

"Clerk of the Crown" means Clerk of the Crown for Northern Ireland;

"committee room" shall not include any house or room occupied by the candidate
as a dwelling, by reason only of the candidate there transacting business with
his agents in relation to the election, and no room or building shall be
deemed to be a committee room by reason only of the candidate or any agent of
the candidate addressing therein electors, committeemen or others;

Definition rep. by 1969 c.26 (NI) s.6 sch.2 Pt.I

"constituency" means a parliamentary constituency as designated in the Second
Schedule;

"corporate office" means the office of lord mayor, mayor, chairman, ...,
councillor or member of a local authority, ..., or member (whether elected or
not) of any committee appointed by a local authority for the purpose of the
performance of their functions under any enactment;

"costs" includes charges and expenses;

"the count" means the counting of the votes given to the several candidates at
a contested election;

"current", in relation to a register at any time, means operative at that
time, and in relation to any election "current register" means the register or
part of the register in force for the constituency, [or ward] [or district
electoral area] for which the election is being held;

"day of election" in relation to a parliamentary election

(a)where the election is contested, means

Sub-para.(i) rep. by 1968 c.20 (NI) s.8 sch.4 Pt.I

(ii). . ., the polling day;

(b)where the election for any constituency is not contested, means the
nomination day for that constituency;

"deposit" means, in relation to any candidate, the sum required by section
sixty to be deposited with the returning officer by that candidate;

"election" includes a parliamentary and a local election and in relation to a
parliamentary election means an election in a constituency and in relation to
a local election means an election in a ward [ or district electoral area]...;

Definition rep. by SLR 1976

"election court" means such a court as is referred to in section seventy-two;

"electors" means registered electors, and includes parliamentary electors and
local electors;

"functions" means functions conferred by this Act;

"general election" means an election of members to serve in a new parliament;

["local general election" means a local election held in a local election year
not being an election to fill a casual vacancy;]

"judicial office" includes the office of justice of the peace;

"legal incapacity" includes (in addition to any incapacity by virtue of any
subsisting provision of the common law) any disqualification imposed by
this Act and any other Act;

["local authority" means a district council;]

"local election" and "local elector" mean respectively an election in a ward
[or district electoral area]... for a local authority, and a person entitled
to vote at a local election;

"local election year" means a year specified in section eleven;

"Local Elections Rules" means the local elections rules in the Fifth Schedule;

"local government electoral area" means the area for which a local authority
is or is to be elected;

"merchant seaman" means a person (other than a pilot) whose usual place of
residence is in Northern Ireland and who is employed in any capacity on board
any ship;

"Minister" and "Ministry" mean respectively the Minister and the Ministry of
Home Affairs;

"nomination day", in relation to any election, means the day on which
candidates at that election may be nominated under this Act;

"parliamentary election" and "parliamentary elector" mean respectively an
election in a constituency of a member or members to serve in the House of
Commons, and a person entitled to vote at a parliamentary election;

"Parliamentary Elections Rules" means the parliamentary elections rules in the
Fourth Schedule;

"payment" includes any pecuniary or other reward; and "pecuniary reward" and
"money" shall be deemed to include any office, place, or employment and any
valuable security or equivalent for money, and any valuable consideration, and
expressions referring to money shall be construed accordingly;

"personal expenses", in relation to the expenditure of any candidate in
connection with any election, includes the reasonable travelling expenses of
that candidate, and the reasonable expenses of his living at hotels and
elsewhere for the purposes of and in relation to the election;

"polling day", in relation to a contested election, means the day on which the
poll is or is to be taken at that election;

"polling district" means a polling district determined in accordance with
paragraph (2) or paragraph (3) of Rule 9 of the Registration Rules;

"postal voting area",..., means Great Britain, the Isle of Man, the Channel
Islands and the Republic of Ireland...;

"prescribed" means prescribed by electoral regulations under section one
hundred and twenty-seven;

"proxy" means a person duly appointed under section sixty-seven by an elector;

"public office" means

(a)any office under the Crown;

(b)any office qualifying the holder thereof for superannuation benefits under
the Local Government (Superannuation) Acts (Northern Ireland), 1950 and 1951,
the Teachers (Superannuation) Acts (Northern Ireland), 1950 to 1956, or the
Health Services Acts (Northern Ireland), 1948 to 1958;

(c)any corporate office;

(d)the office of member of any authority or body constituted by or under the
Health Services Acts (Northern Ireland), 1948 to 1958, or member of any
committee or sub-committee of such an authority or body;

"publication year" has the meaning assigned to that expression by sub-section
(3) of section twenty-eight;

"qualifying address" means a dwelling-house or premises the residence in ...
which by a person... entitles [him to be] registered as an elector;

"register" means a register of electors prepared in accordance with this Act;

"Registration Rules" means the registration rules in the Third Schedule;

"registration year" has the meaning assigned to that expression by sub-section
(3) of section twenty-eight;

"relevant rules" means, as the context requires, the
parliamentary elections rules or the local elections rules respectively set
out in the Fourth and Fifth Schedules;

"service elector" means an elector registered by virtue of a service
qualification;

"Speaker" means the Speaker of the House of Commons and includes the Deputy
Speaker and, when the office of Speaker is vacant, the Clerk of the
Parliaments or any other officer for the time being performing the duties of
the Clerk of the Parliaments;

["statutory provisions" has the meaning assigned to it by section 1(f) of the
Interpretation Act (Northern Ireland) 1954;]

Definitions rep. by 1968 c.20 (NI) s.8 sch.4 Pt.I; 1969 c.26 (NI) s.6 sch.2;
1972 NI 13 art.18 sch.2

"vehicle" includes any vehicle or carriage intended or adapted for use on
roads;

"voter" includes an elector and a proxy for an elector:

"voting" includes voting in person and by post (whether on one's own behalf or
as a proxy);

"writ" means a writ for a parliamentary election.

Subs.(2) rep. by 1972 NI 13 art.18 sch.3

(3) In Parts VI, IX and X and in the Eighth and Ninth Schedules the expression
"candidate"

(a)in relation to a parliamentary election, means a person who is elected to
serve in Parliament at the election or a person who is nominated as a
candidate at the election, or is declared by himself or by others to be a
candidate on or after the day of the issue of the writ for the election, or
after the dissolution or vacancy in consequence of which the writ was issued;

(b)in relation to a local election means a person elected or having been
nominated or having been declared by himself or by others to be a candidate
for election, to the office to be filled at the election;

[(4) For purposes of this Act, a person shall be deemed, according to the law
in Northern Ireland, not to have attained a given age until the commencement
of the relevant anniversary of the day of his birth.]

(5) The date on which an election shall be taken to be initiated shall be

(a)in the case of a parliamentary general election, the date of the
Proclamation of the Governor in Her Majesty's name summoning a new parliament;

(b)in the case of a parliamentary bye-election, the date on which the writ is
received; and

(c)in the case of a local election, the date of publication of the notice of
election.
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Northern Irish Legislation

ELECTORAL LAW ACT (NORTHERN IRELAND) 1962 - SECT 130
