Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
England and Wales
If the ordinary day of election for an ordinary local government election in England or Wales would otherwise be 3rd May 2001, it is to be postponed to 7th June 2001.
If the day of election for a local government election in England or Wales to fill a casual vacancy would otherwise be 3rd May 2001, or a day after that day but before 7th June 2001, it is to be postponed to 7th June 2001.
A person validly nominated as a candidate at an election to which this section applies does not have to be nominated again for that election.
In an uncontested election, a declaration of election made before the passing of this Act, for an election to which this section applies, is to have no effect.
Subsection (4) does not prevent the making of a further declaration in the case of an uncontested election.
Paragraph 1(2)(b) of Schedule 12 to the Local Government Act 1972 (c. 70) (date of annual council meeting in years when there is no ordinary election) is to have effect for the year 2001 as if for “March, April or May” there were substituted “ March, April, May or June ”.
The limit on the election expenses of any candidate at an election to which this section applies is increased by 50% (whenever he was nominated).
Northern Ireland
The election day for local elections in Northern Ireland is postponed from 16th May 2001 to 7th June 2001.
A person validly nominated as a candidate at an election to which this section applies does not have to be nominated again for that election.
The limit on the election expenses of any candidate at an election to which this section applies is increased by 50% (whenever he was nominated).
Section 15 of the Representation of the People Act 1985 (c. 50) (which requires polls for different elections to be taken together if they are to be taken on the same day) shall extend to Northern Ireland.
In section 15 of the 1985 Act insert the following subsection after subsection (5)—
In consequence of subsection (1) above, in section 29(5) of the 1985 Act (which excepts certain sections from the extension to Northern Ireland, including sections 15 to 18) for “15 to 18” substitute “ 16 to 18 ”.
In section 84 of the Northern Ireland Act 1998 (c. 47) (power to make provision by Order in Council in relation to certain matters relating to Northern Ireland) after subsection (1) insert—
The Schedule modifies provisions relating to parliamentary elections and local elections in cases where the polls for such elections are to be taken together in Northern Ireland.
This section applies if the polls at the following elections in Northern Ireland are combined under section 15 of the Representation of the People Act 1985—
any parliamentary general election for which the date of the poll is 7th June 2001, and
the local elections for which the election day is that date.
Section 15(4) of that Act (cost of combined polls to be apportioned equally among the elections) does not apply.
Section 29 of the Representation of the People Act 1983 (c. 2) (charges of returning officer in connection with parliamentary election charged on Consolidated Fund) applies as if the reference in subsection (3) to a parliamentary election were to the elections referred to in subsection (1) above.
The Parliamentary Elections (Returning Officer’s Charges) (Northern Ireland) Order 1997 (S.I. 1997/774) is to be taken to apply to the elections referred to in subsection (1) above and references to an election or a parliamentary election in that Order are to be construed accordingly.
Part A of the Schedule to that Order is modified as follows—
the amount specified in the right-hand column in paragraph 1(2) (maximum recoverable expenses in respect of presiding officers) is increased by £67.25;
the amount specified in the right-hand column in paragraph 1(3) (increase in maximum recoverable expenses in respect of only one presiding officer at certain polling stations) is increased by £3.02;
the amount specified in the right-hand column in paragraph 2(2) (maximum recoverable expenses in respect of poll clerks) is increased by £34.80.
References to the Parliamentary Elections (Returning Officer’s Charges) (Northern Ireland) Order 1997 include references to that Order as amended whether the amendment is made before or after this section comes into force.
General
The Secretary of State may—
make a scheme for compensating any local authority which, or candidate who, incurs additional expenditure as a result of any provision of, or made under, this Act, and
make payments in accordance with the scheme.
Claims for compensation must be made in accordance with the scheme.
The scheme may provide that in the case of a candidate for a registered political party any payment of compensation may be made to that party rather than to the candidate.
The Secretary of State’s expenditure under this section is to be paid out of money provided by Parliament.
“Registered political party” has such meaning as may be specified in the scheme.
The Secretary of State may by order make such consequential, transitional or supplemental provision as he considers appropriate as a result of any provision of, or made under, this Act.
An order may, in particular, amend any provision of, or made under, an enactment or modify the application of such a provision.
The power to make an order is exercisable by statutory instrument.
A statutory instrument made under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
This Act may be cited as the Elections Act 2001.
Northern Ireland: Modification of Election Provisions
Parliamentary Elections Rules
Where the poll at a parliamentary election is to be taken with the poll at a local election in Northern Ireland, Schedule 1 to the Representation of the People Act 1983 (c. 2) (parliamentary elections rules) is amended as follows.
In rule 19(2) after paragraph (d) insert—
In rule 23 after paragraph (2) insert—
In rule 28 after paragraph (3A) insert—
Rule 29 is amended as follows.
In paragraph (4) for “inside and outside every polling station” substitute “ outside every polling station and in every compartment of every polling station. ”
After paragraph (4) insert—
Omit paragraph (5).
In rule 35, in the table after paragraph (1), after “this” insert“parliamentary”—
in entry 1, in each of paragraphs (a) and (b);
in entry 2, in each of paragraphs (a) to (e);
in entry 3, in each of paragraphs (a) to (e).
In rule 37 after paragraph (3) insert—
In rule 38 at the end insert—
In rule 39 after paragraph (4) insert—
In rule 40 after paragraph (3) insert—
In rule 40ZA after paragraph (10) insert—
Rule 43 is amended as follows.
After paragraph (1) insert—
In paragraph (3) after “presiding officer” insert “ separately for the purposes of each election ”.
After rule 46 insert—
Rule 60 is amended as follows.
After paragraph (1) insert—
For paragraph (2) substitute—
Local Elections Rules
Where the poll at a local election is to be taken with the poll at a parliamentary election in Northern Ireland, Schedule 5 to the Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.)) (local elections rules) is amended as follows.
In rule 16(2) after paragraph (d) insert—
In rule 20 after paragraph (2) insert—
In rule 21(1) after “identity in the” insert “ relevant ”.
In rule 25 after paragraph (3) insert—
In rule 26 after paragraph (4) insert—
In rule 32 in question (ii) of each of paragraphs (1)(a) and (1)(b) and in in each of questions (a), (b) and (c) in paragraph (2) after “at this” insert “ local ”.
In rule 34 after paragraph (9) insert—
In rule 35 at the end insert—
In rule 36 after paragraph (4A) insert—
In rule 37 after paragraph (6) insert—
In rule 37A after paragraph (10) insert—
Rule 41 is amended as follows.
After paragraph (1) insert—
In paragraph (3) after “presiding officer” insert “ separately for the purposes of each election ”.
Rule 43 is amended as follows.
In paragraph (1) for “morning on the day after” substitute “ morning on the second day after ”.
After paragraph (1) insert—
After rule 53 insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In rule 63 after paragraph (2) insert—
In rule 64, for paragraphs (2) to (6) substitute substitute—
In the Arrangement of Rules, in the Appendix of Forms, after the entry for Form 5 insert—
In the Appendix of Forms after Form 5 (declaration of identity) insert—
Postal Ballots
Part V of the Representation of the People (Northern Ireland) Regulations 2001 (S.I. 2001/400) is amended as follows.
In regulation 66 (form of declaration of identity) for “in Form G” substitute—
In regulation 71 (procedure on issue of postal ballot paper) after paragraph (4) insert—
In regulation 73 (envelopes) after paragraph (3) insert—
In Schedule 3 (Forms) in the Arrangement of Forms after the entry relating to Form H insert—.
In that Schedule after Form H insert—
Part III of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 (S.I. 1985/454) is amended as follows.
In paragraph 6 (marking of postal ballot paper) at the end insert—
The text of paragraph 8 (ballot paper envelope) becomes sub-paragraph (1) of that paragraph and at the end insert—
General
The provision which may be made under section 15(5) of the Representation of the People Act 1985 (c. 50) (power of regulations to make provision in connection with the combining of polls at different elections) includes provision replacing or modifying Part 1 or paragraph 30 of this Schedule.
The provision which may be made under section 84(1) of the Northern Ireland Act 1998 (c. 47) (power to make certain provision in relation to local elections in Northern Ireland) includes provision replacing or modifying Part 2 or paragraph 31 of this Schedule.
Any power to revoke, amend or re-enact the Local Elections (Northern Ireland) Order 1985 (S.I. 1985/454) or the Representation of the People (Northern Ireland) Regulations 2001 (S.I. 200/400) includes a power to revoke, amend or re-enact that Order or those Regulations as amended by Part 3 of this Schedule.