ELECTORAL LAW ACT (NORTHERN IRELAND) 1962

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ELECTORAL LAW ACT (NORTHERN IRELAND) 1962 - SECT 5

Residence.

5.(1) For the purposes of sections one to four (in this section referred to as
electoral purposes), any question as to a person's residence on the qualifying
date for a register shall be determined in accordance with the general
principles formerly applied in determining questions arising under the
Representation of the People Act, 1918, as to a person's residence on a
particular day of the qualifying period, and in particular, in determining for
electoral purposes any such question or any question as to a person's
residence during any period or at any particular place or places, regard shall
be had to the purpose and circumstances, as well as the fact, of his presence
at or absence from any address in question.

(2) For electoral purposes the continuity of residence in the United Kingdom
of any person shall be deemed not to have been interrupted by any absence of
his therefrom by reason of his having been a member of the forces or a Crown
servant or a merchant seaman.

(3) Without prejudice to sub-section (1), a person's residence at a
qualifying address... shall for electoral purposes be deemed not to have been
interrupted

(a)by reason solely of that person's absence in the performance of his duty as
a member of the Royal Ulster Constabulary or the Ulster Special Constabulary
if but for such duty he could resume actual residence at any time and intends
to resume such residence as soon as such duty ceases to prevent him from doing
so;

(b)by reason of that person's absence in the performance of any duty arising
from or incidental to any office, service or employment undertaken by him, if
he intends to resume actual residence within six months from the commencement
of the absence and will not be prevented by the performance of the duty
aforesaid; or

(c)by reason of permission being given by letting or otherwise of a
dwelling-house of which he is the occupier

(i)for its occupation furnished by some other person for a period not
exceeding six months if the permission is given in the expectation that
throughout such period the person giving it, or the spouse of that person,
will be absent in the performance of any such duty as aforesaid; or

(ii)for the occupation furnished of the whole or part of that dwelling-house
by another person for a period or periods in all not exceeding four months in
any year and whether or not including the whole of the qualifying period and
the qualifying date for any register; or

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

Subs.(4) rep. by 1969 c.26 (NI) s.6 sch.2 Pt.I

(5) Where a person is not a member of the forces but is, in the performance of
his duty as a member of any of Her Majesty's reserve or auxiliary forces,
absent on the qualifying date, or during the whole or any part of the
qualifying period, from an address at which he has been residing, any question
arising under sub-section (3) whether his residence at that address has been
interrupted by his absence in the performance of that duty shall be determined
as if the performance thereof did not prevent his resuming actual residence at
any time.

(6) For electoral purposes a person shall be deemed not to have more than one
residence, and shall not be registered as a resident in any one or more than
one constituency or... in any one or more than one
local government electoral area in respect of more than one
qualifying address; and a person who at different periods in a
registration year resides at two or more qualifying addresses...

(a)shall disclose that fact to the electoral officer for the area in which
each such qualifying address... is situate; and

(b)shall designate one of such addresses... as his qualifying address.

(7) A person who on the qualifying date for any register

(a)is a patient or inmate in any hospital or institution in Northern Ireland;
or

(b)is detained in legal custody at any place in Northern Ireland;

(i)any period spent in such hospital, institution or place shall be
disregarded; and

(ii)that person shall be deemed to be residing in the place where he would
have been residing but for his having been such patient or inmate, or so
detained as aforesaid.

(8) Sub-section (7) shall not apply

(a)to a person in the employment of a hospital or institution who is resident
in that hospital or institution for the purposes of such employment; or

(b)to a person who is and will continue for an indefinite period to be a
patient or inmate in a hospital or institution and who has not a fixed place
of abode other than that hospital or institution and such person shall for
electoral purposes be deemed to be residing in that hospital or institution;
or

(c)to a person detained in legal custody who immediately before being so
detained was not residing at any fixed place of abode in Northern Ireland or
is unable or unwilling to declare to a fixed place of abode in Northern
Ireland and for electoral purposes such a person shall not be deemed to be
residing at any place in Northern Ireland.

S.6 rep. by 1968 c.20 (NI) s.8 sch.4 Pt.II; 1969 c.26 (NI) s.6 sch.2 Pt.I

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Northern Irish Legislation

ELECTORAL LAW ACT (NORTHERN IRELAND) 1962 - SECT 5