Made | 14th February 2001 | ||
Coming into force | 28th Feburary 2001 |
3.
- (1) Section 41 of the 1962 Act (prohibition of unauthorised expenditure) is amended as follows.
(2) In subsection (2)(ii) (election expenses not exceeding £5 in aggregate incurred by individual backer or disparager)[4] for the words from "not exceeding" to "concerted with others," substitute "incurred by any person which do not exceed in the aggregate the permitted sum (and are not incurred by that person as part of a concerted plan of action)".
(3) After subsection (2) insert:
4.
- (1) Section 42 of the 1962 Act (limit on candidates' election expenses)[5] is amended as follows.
(2) In subsection (1) for the words "£219" and "4.3p" substitute "£242" and "4.8p", respectively.
(3) Omit the words "to be used at the election (as first published)".
(4) After section 42(1) insert:
5.
Omit sections 85 to 90 of the 1962 Act (withdrawal or abatement of election petition).
6.
Omit section 95(3) of the 1962 Act (incapacity of candidate at a local election reported guilty of a corrupt or illegal practice).
7.
In section 96 of the 1962 Act (candidate or other person reported personally guilty of a corrupt or illegal practice)[6], for subsections (3) and (4) substitute:
(b) if already holding any such office shall vacate it as from the date of report.
(3A) The incapacity incurred by subsection (3)(a)(i) applies to a candidate or other person reported personally guilty of a corrupt practice under paragraph 4 of Schedule 9 (personation) or of an illegal practice under paragraph 12A of Schedule 9 (other voting offences)[7].
(4) For the purposes of subsection (3) the relevant period is the period beginning with the date of the report and ending -
8.
For section 112(1) of the 1962 Act (incapacities resulting from conviction for corrupt and illegal practices)[8] substitute:
(b) if already holding any such office shall vacate it subject to and in accordance with subsections (1C) and (1D).
(1A) The incapacity imposed by subsection (1)(a)(i) applies only to a person convicted of a corrupt practice under paragraph 4 of Schedule 9 (personation) or of an illegal practice under paragraph 12A of Schedule 9 (other voting offences).
(1B) For the purposes of subsection (1)(a) the relevant period is the period beginning with the date of the conviction and ending -
except that if (at any time within that period of five or three years) a court determines on an appeal by that person against the conviction that it should not be upheld, the relevant period shall end at that time instead.
(1C) Where subsection (1)(b) applies to any person, he shall (subject to subsection (1D)) vacate the office in question at the appropriate time for the purposes of this section, namely -
whichever is the earlier.
(1D) If (before the appropriate time mentioned in subsection (1C)) notice of appeal is given, or an application for leave to appeal is made, by such a person in respect of the conviction, he shall vacate the office in question at the end of the period of three months beginning with the date of the conviction unless -
(1E) Where such a person vacates an office in accordance with subsection (1C) or (1D), no subsequent determination of a court that his conviction should not be upheld shall entitle him to resume the office.
(1F) If a person convicted of a corrupt or illegal practice has already been elected to any elective office, he shall (in addition to being subject to the incapacities mentioned in subsection (1)(a) above) be suspended from performing any of the functions of that office, during the period of suspension specified in subsection (1G).
(1G) For the purposes of subsection (1F), the period of suspension is the period beginning with the date of the conviction and ending with -
(1H) Any incapacities or other requirement applying to a person by virtue of subsection (1F) applies in addition to any punishment imposed under section 108 or 109[9]; but each of those subsections has effect subject to section 113.".
9.
In section 130(1) of the 1962 Act (interpretation)[10] -
10.
For rule 5(3) (nomination of candidates) of the local elections rules substitute:
11.
After rule 5 (nomination of candidates) of the local elections rules insert -
(2) A person shall be guilty of a corrupt practice if he fraudulently purports to be authorised to issue a certificate under paragraph (1) on behalf of a registered political party's nominating officer.
(3) For the purposes of the application of this rule in relation to an election -
12.
For rule 6(7) of the local elections rules (subscription of nomination papers) substitute:
13.
- (1) Rule 10 (decisions as to validity of nomination papers) of the local elections rules is amended as follows.
(2) At the beginning of paragraph (3) insert "Subject to paragraph (3A),".
(3) After paragraph (3) insert -
(4) In paragraph (4) for "Where he" substitute "Where the returning officer".
14.
In rule 16 (the ballot papers) of the local elections rules, after paragraph (2) insert -
15.
- (1) Rule 26 of the local elections rules (equipment of polling stations) is amended as follows.
(2) After paragraph (3) insert:
(3) After paragraph (4) insert:
16.
In rule 29(1)(f) of the local elections rules (admission to polling station) for "blind voters" substitute "voters with disabilities".
17.
- (1) Rule 34 of the elections rules (voting procedure) is amended as follows.
(2) In paragraph (6)(f) (specified documents to include British seaman's card)[12] for the words from "under" to the end substitute "or having effect as if made under section 79 of the Merchant Shipping Act 1995[13]".
(3) In paragraph (6)(g) (specified documents to include plastic card with national insurance number embossed on it)[14] after the words "the Department of Social Security" insert "or the Department for Social Development".
18.
For rule 36 of the local elections rules substitute:
to vote with the assistance of another person by whom he is accompanied (in these rules referred to as "the companion"), the presiding officer shall require the voter to declare, orally or in writing, whether he is so incapacitated by his blindness or other incapacity, or by his inability to read, as to be unable to vote without assistance.
(2) If the presiding officer -
the presiding officer shall grant the application, and then anything which is by these rules required to be done to or by that voter in connection with the giving of his vote may be done to, or with the assistance of, the companion.
(3) For the purposes of these rules, a person is a voter with disabilities if he has made such a declaration as is mentioned in paragraph (1) above, and a person shall be qualified to assist a voter with disabilities to vote if that person -
(4) The name and number in the register of electors of every voter whose vote is given in accordance with this rule and the name and address of the companion shall be entered on a list (in these rules referred to as "the list of voters with disabilities assisted by companions").
(5) The declaration made by the companion -
(6) No fee or other payment shall be charged in respect of the declaration.".
19.
In rules 41(1)(f) and 58(1)(c) of the local elections rules for "blind voters" (wherever occurring) substitute "voters with disabilities".
20.
In the Appendix of Forms to the local elections rules, in the form headed "Form of nomination paper" -
21.
In that Appendix, in the form headed "Candidate's consent to nomination" for the words "a person to whom section 121 of the Electoral Law Act (Northern Ireland) 1962 applies" substitute "a citizen of the Republic of Ireland".
22.
In that Appendix, for the form of the front of the ballot paper substitute the form set out in the Schedule to this Order.
23.
In that Appendix, in the form headed "Directions as to printing the ballot paper" -
24.
In that Appendix, in the form headed "Form of declaration to be made by the companion of a blind voter" -
25.
For paragraph 8 of Schedule 8 to the 1962 Act (petition at issue) substitute:
whichever happens later.".
26.
After paragraph 5 of Schedule 9 to the 1962 Act (corrupt practices) insert:
27.
After paragraph 27 of Schedule 9 to the 1962 Act (electoral offences) insert:
is guilty of an electoral offence.
(2) In this paragraph -
and any reference to the result of an election is a reference to the result of the election either as a whole or so far as any particular candidate or candidates at the election is or are concerned.".
28.
Omit paragraph 31 of Schedule 9 to the 1962 Act (premises not to be used as committee rooms).
29.
- (1) Paragraphs 18 and 29 of Schedule 1 to the Local Elections (Northern Ireland) (Amendment) Order 1987[15] are hereby revoked.
(2) The Local Elections (Variations of Limits of Candidates' Election Expenses) (Northern Ireland) Order 1997[16] is hereby revoked.
A. K. Galloway
Clerk of the Privy Council
[3] Schedule 5 was substituted by the Schedule in Schedule 1 to the Local Elections (Northern Ireland) Order 1985 (S.I. 1985/454).back
[4] The sum of £5 was substituted by Schedule 1 to S.I. 1987/168.back
[5] Section 42(1) was amended (so far as material) by article 9 of S.I. 1985/454; the sums in section 42(1) are as substituted by S.I. 1997/868.back
[6] Section 96 has been amended but the amendment is not relevant to the subject matter of this Order.back
[7] Paragraph 12A was inserted by Schedule 1 to S.I. 1987/168.back
[8] Section 112(1) was amended by Schedule 1 to S.I. 1987/168.back
[9] Sections 108 and 109 have been amended by Schedule 1 to S.I. 1987/168.back
[10] Section 130 has been amended but the amendments are not relevant to the subject matter of this Order.back
[12] Paragraph (6)(f) was inserted by Schedule 1 to S.I. 1987/168.back
[14] Paragraph (6)(g) was inserted by S.I. 1991/1715.back
© Crown copyright 2001