2013 No. 3156
Northern Ireland
The Local Elections (Northern Ireland) Order 2013
Made 11th December 2013
Coming into force in accordance with Article 1(1)

At the Court at Buckingham Palace, the 11th day of December 2013
Present,
The Queen's Most Excellent Majesty in Council
In accordance with section 7(3) of the Political Parties, Elections and Referendums Act 2000 , the Electoral Commission has been consulted prior to this Order being laid before Parliament.
2000 c. 41.
In accordance with section 84(4) of the Northern Ireland Act 1998 a draft of this Order has been laid before and approved by a resolution of each House of Parliament.
1998 c. 47.
Accordingly, Her Majesty, in exercise of the powers conferred on Her by section 84(1), (1A), (2) and (3) of the Northern Ireland Act 1998 , is pleased, by and with the advice of Her Privy Council, to order as follows:
Section 84(1A) was inserted by section 3(4) of the Elections Act 2001 (c. 7).

Introductory

1 Citation, commencement and extent
1 This Order may be cited as the Local Elections (Northern Ireland) Order 2013 and it comes into force on the day after the day on which it is made.
2 Subject to paragraph (3), this Order extends to Northern Ireland only.
3 An amendment made by this Order has the same extent as the enactment (or part of an enactment) amended.

2 Interpretation
1 In this Order—
“the 1962 Act” means the Electoral Law Act (Northern Ireland) 1962 ;
“the 1985 Order” means the Local Elections (Northern Ireland) Order 1985 ;
“existing council” means a district council for a local government district established in pursuance of section 1 of the Local Government (Boundaries) Act (Northern Ireland) 1971 , and “existing councillor” means a member of such a council;
“new council” means a district council for a local government district established in pursuance of section 1 of the Local Government (Boundaries) Act (Northern Ireland) 2008 , and “new councillor” means a member of such a council.
1962 c. 14 (N.I.).
S.I. 1985/454; this Order was amended by S.I. 1987/168; S.I. 1990/595; S.I. 1991/1715; S.I. 1992/809; S.I. 1997/867; S.I. 1998/3150; paragraph 31 of the Schedule to the Elections Act 2001 (c. 7) (a non-textual amendment); S.I. 2002/2835; S.I. 2005/1969; and S.I. 2010/2977.
1971 c. 9; section 3 of the Local Government (Boundaries) Act (Northern Ireland) 2008 (c. 7) repeals this Act, but the repeal is not yet in force (see below).
2008 c. 7; section 1 of this Act (which provides for the new local government districts) came into force one week after Royal Assent only for the purpose of the exercise by the Department of the Environment and the Local Government Boundaries Commissioner of their functions under section 50 of, and Schedule 4 to, the Local Government Act (Northern Ireland) 1972 (N.I. 9), and the exercise by the Secretary of State and the District Electoral Areas Commissioner of their functions under Article 2 of the District Electoral Areas Commissioner (Northern Ireland) Order 1984. Sections 1 and 3(1) came into force on 3 October 2013 for the purpose of: (a) elections to district councils for the new local government districts established under that Act; (b) the application of certain provisions of the Local Government Act (Northern Ireland) 1972 (N.I. 9) to those new councils; and (c) certain provisions of Northern Ireland legislation relating to budgets and rates. Sections 1 and 3 will come into force for all other purposes on 1st April 2015: S.R. 2013/238. This means that for the purpose of elections to the new councils, all references in legislation to a “district council” will be to a new council.
2 The Interpretation Act (Northern Ireland) 1954 applies to article 1 and this article and the following provisions of this Order, save for article 9, as it applies to an Act of the Assembly.
1954 c. 33 (N.I.).

Changes to the law on local elections

3 Date of local elections and voters waiting at polling station at close of poll
1 The 1962 Act is amended as follows.
2 In section 11 (election and term of office of district councils) , for subsections (1) and (1A) substitute—

“(1) A local election year as respects any district council is 2014 and 2019 and every fourth year thereafter.
(1A) The election day as respects any district council is—
(a) in the year 2014, 22nd May;
(b) in any other local election year, the first Thursday in May.”

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Section 11 was substituted by S.I. 1972/1264 (N.I. 13), and was amended by S.I. 1972/1998 (N.I. 21); S.I. 1977/428; S.I. 1985/454; S.I. 1985/1208 (N.I. 15); section 4 of the Elected Authorities (Northern Ireland) Act 1989 (c. 3); S.I. 1992/810 (N.I. 6); S.I. 2005/862; S.I. 2009/225; and S.I. 2010/1178.
3 In section 130 (interpretation) , in subsection (1), in the definition of “election day” for “section 11(1) and (1A)” substitute “ section 11(1A) ”.
Section 130 was amended by Schedule 4 to the Electoral Law Act (Northern Ireland) 1968 (c. 20) (N.I.); section 1 of and Schedules 1 and 2 to, the Electoral Law Act (Northern Ireland) 1969 (c. 26) (N.I.); S.I. 1972/1264 (N.I. 13); S.I. 1977/428; S.I. 1985/454; S.I. 1987/168; section 11 of, and Schedule 3 to, the Elected Authorities (Northern Ireland) Act 1989 (c. 3); S.I. 1995/1948; S.I. 2001/417; S.I. 2010/2977; S.I. 2011/2085; and, in relation to the definition of “Minister” and “Ministry”, the functions of the Minister and Ministry of Home Affairs were transferred to the Secretary of State by S.I. 1973/2163.
4 In Schedule 5 (local elections rules), in rule 34 (voting procedure) , after paragraph (1) insert—

“1A A voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting is (despite the close of the poll) entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter accordingly.”

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Schedule 5 was substituted in its entirety by S.I. 1985/454. Rule 34 was amended by S.I. 1987/168; S.I. 1991/1715; S.I. 2001/417; S.I. 2002/2835; S.I. 2003/1245; Schedule 4 to the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33); and S.I. 2010/2977. In addition, section 4 of, and the Schedule to, the Elections Act 2001 (c. 7) made a non-textual amendment.

Temporary modifications to facilitate transition from the existing councils to the new councils

4 Temporary modifications relating to the continuation of existing councils
1 Existing councillors shall retire together on 1st April 2015.
2 In relation to an existing council and existing councillors, the 1962 Act applies with the following modifications.
3 In section 11 (election and term of office of members of district councils)—
(a) subsection (2)(c) does not apply;
(b) subsection (3) applies as if—
(i) for the words “in any district council area” there were substituted “ to a district council for a local government district established in pursuance of section 1 of the Local Government (Boundaries) Act (Northern Ireland) 2008 ”, and
(ii) for the words “the provisions of subsection (2) relating to the retirement of members” there were substituted “ article 4(1) of the Local Elections (Northern Ireland) Order 2013 ”; and
(c) subsection (4) applies as if for the words “in any local election year” to the end there were substituted—

“on or after 1st January 2015, be deemed to have been caused by the expiry of the normal term of office, and in any other case shall be filled in accordance with subsection (4A).”

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4 Section 11K applies as if—
(a) in subsection (1)(b), for “the first day” to the end there were substituted “ 1st January 2015 ”;
(b) in subsection (2), for “the day on which” to the end there were substituted “ 1st January 2015 ”; and
(c) in subsection (3), the words “and accordingly” to the end were omitted.
5 Section 28(7) (preparation and publication of registers) applies as if for the words “the election day” to the end there were substituted “ 1st April 2015 ”.
Subsections (1) to (6) of section 28 were repealed by the Elected Authorities (Northern Ireland) Act 1989 (c. 3) and subsection (7) was amended by the Electoral Law Act (Northern Ireland) 1971 (c. 4) and by Schedule 2 of S.I. 1972/1264 (N.I. 13).

5 Temporary modifications relating to the first election of new councils
1 The following modifications apply for the purposes of elections to a new council under section 11(2)(a) of the 1962 Act in the local election year 2014.
2 Section 23 of the 1962 Act (remuneration and expenses of Chief Electoral Officer and other persons at local election) applies as if in subsection (4), for the words “local authority by which such expenses are to be paid” there were substituted “ the statutory transition committee, established under the Local Government (Statutory Transition Committees) Regulations (Northern Ireland) 2013 , in relation to the local authority concerned ”.
Section 23 was amended by S.I. 1972/1264 (N.I. 13); S.I. 1972/1998 (N.I. 21); and S.I. 1985/454.
S.R. 2013/179.
3 Article 9 of the Electoral Law (Northern Ireland) Order 1972 applies as if for paragraph (2) there were substituted—

“2 The deputy returning officer for an election to a district council—
(a) is to be a person appointed for that purpose by the statutory transition committee for that council established under the Local Government (Statutory Transition Committees) Regulations (Northern Ireland) 2013; and
(b) must perform, on behalf of the Chief Electoral Officer, such functions in relation to those elections as shall be delegated to him by the Chief Electoral Officer.
2A The appointment mentioned in paragraph (2)(a) must be made in consultation with the Electoral Commission.”

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S.I. 1972/1264 (N.I. 13); article 9 was amended by S.I. 1972/1998 (N.I. 21) and S.I. 1973/2163. Article 9(3) no longer has any application.

6 Temporary modifications relating to the designation of polling stations
1 The Electoral Law (Polling Station Scheme) (Northern Ireland) Regulations 2010 apply to the publication of a draft scheme under section 65(1A) of the 1962 Act in 2014 with the following modifications.
S.I. 2010/1532.
2 In regulation 5 (publication of draft scheme), paragraph (1) applies as if for the words “on or before 1st December in a draft scheme year” there were substituted “ as soon as practicable after 1st February 2014 ”.
3 In regulation 7 (objections or proposals), paragraph (2) applies as if for the words “at least twelve weeks” there were substituted “ a reasonable period in all the circumstances ”.

7 Temporary modifications relating to the appointment of the Drainage Council
Paragraph 3(1) of Schedule 1 to the Drainage (Northern Ireland) Order 1973 applies to the appointment of members of the Drainage Council in 2015 as if for the words “the date on which a local general election is held in that year under section 11(2) of the Electoral Law Act (Northern Ireland) 1962” there were substituted “ 1st April 2015 ”.
S.I. 1973/69 (N.I. 1); Schedule 1 was amended by S.I. 2009/225 and functions were transferred to the Department of the Environment by S.I. 1982/338 (N.I. 6).

8 Temporary modifications relating to casual vacancies in new councils and existing councils
1 The following provisions apply during the period beginning on the fourth day after the election day (within the meaning of section 11(1A) of the 1962 Act) in 2014 and ending on 31st March 2015.
2 Where a casual vacancy (within the meaning of section 11(4) of the 1962 Act) arises in an existing council, any reference in the 1962 Act to a district council or a local authority must be taken for the purpose of filling that vacancy as referring to the existing council.
3 Where a casual vacancy (within the meaning of section 11(4) of the 1962 Act) arises in a new council, any reference in the 1962 Act to a district council or a local authority must be taken for the purpose of filling that vacancy as referring to the new council.

Changes consequential on Northern Ireland legislation on local government boundaries

9 Consequential changes to polling districts and places for parliamentary elections
1 The Representation of the People Act 1983 is amended as follows.
1983 c. 2.
2 In section 18A (polling districts at parliamentary elections) —
(a) in the heading, at the end insert “ : Great Britain ”; and
(b) after subsection (5) insert—

“(6) This section does not apply to Northern Ireland.”

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Sections 18A to 18E were substituted for section 18 by section 16 of the Electoral Administration Act 2006 (c. 22).
3 After section 18A insert—

“18AA Polling districts at parliamentary elections: Northern Ireland
(1) Every constituency in Northern Ireland is to be divided into polling districts.
(2) The Secretary of State must—
(a) divide Northern Ireland into polling districts for the purpose of parliamentary elections, and
(b) keep the polling districts under review.
(3) The Secretary of State must seek to ensure that all electors in Northern Ireland have such reasonable facilities for voting as are practicable in the circumstances.
(4) Before dividing Northern Ireland into polling districts under subsection (2)(a) or completing a review under subsection (2)(b), the Secretary of State must consult—
(a) the Electoral Commission, and
(b) any other person the Secretary of State considers appropriate.
(5) If an alteration of polling districts is made under this section—
(a) the Chief Electoral Officer for Northern Ireland must make such adaptations of the registers of parliamentary electors maintained by that officer as are necessary to take account of the alteration, and
(b) the alteration is effective on the date on which the Chief Electoral Officer publishes a notice stating that the adaptations have been made.”

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4 In section 18C (review of polling districts and places)—
(a) in the heading, at the end insert “ : Great Britain ”; and
(b) after subsection (6) insert—

“(7) This section does not apply to Northern Ireland.”

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5 After section 18C insert—

“18CA Review of polling places: Northern Ireland
(1) The Chief Electoral Officer for Northern Ireland must, during each compulsory review year, carry out and complete a review under section 18B of all the polling places in Northern Ireland.
(2) The compulsory review years are 2014 and every fifth year after that.
(3) Subsection (1) does not prevent the Chief Electoral Officer carrying out a review under section 18B of some or all of the polling places in Northern Ireland at other times.
(4) Subsection (1) does not require the Chief Electoral Officer to carry out and complete a review of all the polling places in Northern Ireland during a compulsory review year if reviews under section 18B of all those polling places are completed during the previous year.
(5) Schedule A1, except paragraphs 2 and 3, has effect in relation to a review under section 18B of polling places in Northern Ireland.”

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6 In section 18E (sections 18A to 18D: supplemental)—
(a) in subsection (3), after paragraph (c) insert—

“(d) in relation to Northern Ireland, the Chief Electoral Officer for Northern Ireland.”

;
(b) omit subsection (4).

Changes to the law on local elections when combined with European Parliamentary elections

10 Combination of polls
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Art. 10 revoked (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 2 (as amended by S.I. 2019/1389, regs. 1, 2(2))
Richard Tilbrook Clerk of the Privy Council

SCHEDULE Combination of polls
Article 10

1 Modification of the Local Elections Rules
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24 Modification of absent voting provisions
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Sch. revoked (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 2 (as amended by S.I. 2019/1389, regs. 1, 2(2))

(This note is not part of the Order)
As a result of legislation enacted by the Northern Ireland Assembly, Northern Ireland will be divided into 11 local government districts rather than the existing 26 local government districts. To ensure a smooth transition to the local government districts, Northern Ireland legislation provides for the creation of statutory transition committees and for the new councils to operate in parallel with the existing councils for a transitional period. To facilitate this, elections to the new councils need to be brought forward by one year.
This Order makes amendments to electoral law in Northern Ireland which are consequential on the following Northern Ireland legislation on local government reform: the Local Government (Boundaries) Act (Northern Ireland) 2008 (c. 7); the Local Government (Miscellaneous Provisions) Act (Northern Ireland) 2010 (c. 7); the Local Government (Boundaries) Order (Northern Ireland) 2012 (S.R. 2012/421); the Local Government (Statutory Transition Committees) Regulations (Northern Ireland) 2013 (S.R. 2013/179) and the Local Government (Boundaries) (2008 Act) (Commencement, Transitional Provision and Savings) Order (Northern Ireland) 2013 (S.R. 2013/238). The latter legislation provides for the commencement of the new local government districts on 3rd October 2013 for the purpose of elections to the new councils, which means that any reference to a district council for the purpose of an election in 2014 will be a reference to a new council. It also provides for the division of powers and functions between the existing district councils and the new district councils during the transitional period.
Article 3(2) and 3(3) of this Order provides for the date of the first elections to the new district councils and amends the definition of “election day”.
Article 3(4) allows persons who are in the polling station or in a queue outside the polling station at the close of the poll to apply for a ballot paper.
Article 4 provides that the existing councillors will retire on 1st April 2015, that vacancies in those councils will be filled until 1st January 2015 and that the register in force on the day that a councillor was elected will, for the purpose of establishing whether that councillor is qualified to continue, remain in force until the existing councillors retire.
Article 5 makes modifications which apply only in respect of the first election to new district councils in 2014. For the purpose of those elections: any advance on election expenses will be paid by the statutory transition committee for the relevant new council, and the final election expenses will be paid by the elected new council; the deputy returning officer will be a person appointed for that purpose by the statutory transition committee for that new council.
Article 6 modifies the Electoral Law (Polling Station Scheme) (Northern Ireland) Regulations 2010 to require the Chief Electoral Officer for Northern Ireland to publish a draft polling station scheme as soon as practicable after 1st February 2014. It also shortens the consultation period for that draft scheme in light of the short time before the first election to the new councils on 22nd May 2014.
Article 7 makes amendments to the process for the appointment of the Drainage Council under the Drainage (Northern Ireland) Order 1973. Usually, appointment is made as soon as practicable after a local election takes place in the relevant appointment year. As no local election will take place in 2015 the appointment should instead take place as soon as practicable after the new councillors take up their full powers, and the existing councillors retire, on 1st April 2015. During the transitional period, eligibility to serve as a member of the Drainage Council as a representative of a district council will continue to relate to membership of an existing council (see article 5, S.R. 2013/238).
Article 8 provides for the provisions of the 1962 Act to apply to the filling of casual vacancies within both existing councils and new councils during the transitional period.
Article 9 makes consequential amendments in relation to polling districts and polling places in parliamentary elections. Until now, the polling districts and places for parliamentary elections tracked those for local elections. This can no longer continue because local government boundaries will be different to parliamentary boundaries. The amendments provide that the parliamentary polling districts will be designated by the Secretary of State and kept under review. The parliamentary polling places in those districts will be designated by the Chief Electoral Officer for Northern Ireland and that officer will be required to review those polling places in 2014 and every five years thereafter. Where certain persons or bodies make representations to the Electoral Commission about a review of polling places, it will have a power to direct that the polling places be altered or to make the alteration itself.
Article 10 and the Schedule make amendments to allow local elections to be held together with European Parliamentary elections in 2014.
An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.