The Postponement of Local Elections (Northern Ireland) Order 2009
| Jurisdiction | UK Non-devolved |
| Citation | SI 2009/225 |
2009 No. 225
Northern Ireland
The Postponement of Local Elections (Northern Ireland) Order 2009
Made 11th February 2009
Coming into force in accordance with Article 1(1)
At the Court at Buckingham Palace, the 11th day of February 2009
Present,
The Queen’s Most Excellent Majesty in Council
In accordance with section 7(3) of the Political Parties, Elections and Referendums Act 20001the Electoral Commission has been consulted prior to making this Order.
A draft of this Order has been laid before Parliament under section 84(4) of the Northern Ireland Act 19982and has been approved by a resolution of each House of Parliament.
Accordingly, Her Majesty, in exercise of the powers conferred on Her by section 84(1) and (3) of the Northern Ireland Act 1998, is pleased, by and with the advice of Her Privy Council, to order as follows:
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Postponement of Local Elections (Northern Ireland) Order 2009 and shall come into force on the day after the day on which it is made.
(2) In this Order “the 1962 Act” means the Electoral Law Act (Northern Ireland) 19623.
(3) The Interpretation Act (Northern Ireland) 19544applies to this paragraph and the following provisions of this Order as it applies to an Act of the Assembly.
Postponement of the next local election year in Northern Ireland
2.—(1) The next local election year in Northern Ireland is to be 2011 (and not 2009).
(2) Accordingly in section 11(1) of the 1962 Act5(which provides for every fourth year from 1973 to be a local election year) for “the year 1973” there is substituted “the year 2011”.
(3) Section 11(1A) of that section (which requires a local general election to be held on the first Thursday in May) shall not apply to the local general election to be held in 2011.
Transitional provisions: members of district councils in Northern Ireland
3.—(1) The term of office of an existing member of a district council shall continue until the fourth day after the election day in 2011.
(2) A casual vacancy in a district council occurring on or after 1st January 2009 but before the coming into force of this Order—
(a)
(a) is to be filled in accordance with section 11(4A) of the 1962 Act; and
(b)
(b) is to be treated for the purposes of section 11(5) of that Act as having occurred on the day on which this Order comes into force.
(3) The term of office of a person elected or chosen after the coming into force of this Order but before 1st January 2011 to fill a casual vacancy in a district council expires on the fourth day after the election day in 2011 (and it is immaterial for this purpose when the vacancy arose).
(4) In relation to an existing member of a district council or a person mentioned in paragraph (3), the period mentioned in section 28(7) of the 1962 Act6(deemed continuation in force for qualification purposes of...
To continue reading
Request your trial