Part 1: Administration and Conduct of Elections Northern Ireland elections Schedule 6: Local elections in Northern Ireland and elections to the Northern Ireland Assembly Part 2 - Elections to the Northern Ireland Assembly
Part 2 of Schedule 6 makes changes for elections to the Northern Ireland Assembly. Paragraphs 35 to 46 amend the Northern Ireland Assembly (Elections) Order 2001 (‘the 2001 Order’)
	The 2001 Order applies, with modifications, provisions of the RPA 1983 to Assembly elections in Northern Ireland. Therefore, most of the changes made in the Act for Parliamentary elections in Northern Ireland will automatically apply for the purpose of Assembly elections in Northern Ireland. Paragraphs 35 to 46 modify some of the changes made by the Act for Parliamentary elections for the purpose of Northern Ireland Assembly elections or ensure that any new sections inserted into the RPA 83 Act are applied to the Assembly Order.
	Paragraph 36 modifies new section 61(1A) RPA 1983 (offences relating to the limit on proxies) as it applies to the 2001 Order by removing the references to the person acting as proxy already being appointed to vote for two or more electors at Parliamentary elections. This is because there is no indefinite absent vote list for Assembly elections, instead the indefinite absent vote list for local elections applies to Assembly elections. A person can only apply for a proxy at assembly elections for a particular election.
	Paragraph 37 modifies subsection (8) of new section 112A (handling of postal voting documents by political campaigners) as it applies to the 2001 Order. Subsection (8) defines the terms postal voting documents and refers to a postal voting statement. This term is not relevant in Northern Ireland where it is instead known as the declaration of identity. Therefore, the reference to a postal voting statement in section 112A(8) is omitted as it applies to Assembly elections.
	Paragraph 38 amends the 2001 Order by modifying the table for the entry relating to section 115 of the RPA 1983. The effect of this amendment is that new section 114A RPA 1983 instead applies in respect of elections to the Northern Ireland Assembly.
	Paragraphs 39 to 44 modify entries in Schedule 1 to the RPA 1983 (Parliamentary elections rules) as they apply to Assembly elections in the 2001 Order.
	Paragraph 39 amends the 2001 Order by modifying the entry for new rule 19B (preparation of date of birth lists.) The modification substitutes the wording "register of parliamentary electors in Great Britain" and replaces it with "register of local government electors in Great Britain" in (2)(b)of rule 19B. This is to ensure that the correct information is included in the lists as proxy voters must be registered as local electors to vote at Assembly elections
	Paragraph 41 amends rule 31 (notification of requirement of secrecy) by omitting the current modification ‘in paragraph a for "blind voter" substitute voter with disabilities.’ This modification is no longer needed as the amendments made in the Act to rule 31 of the Parliamentary Election Rules in section 7(6) of the Act will automatically apply to Assembly elections. section 7(6) substitutes relevant voter for ‘blind voter’ and defines relevant voter as a voter who is blind or has another disability or is unable to read. This modification is no longer needed as the amendments made in the Act to rule 31 of the Parliamentary Election Rules in section 7(6) of the Act will automatically apply to Assembly elections. Section 7(6) substitutes relevant voter for ‘blind voter’ and defines relevant voter as a voter who is blind or has another disability or is unable to read.
	Paragraph 42 modifies paragraph (1DC) of rule 37 (voting procedure) as it applies to Assembly elections. Rule 37(1DC)(a) and (b) provides a definition of the relevant provision referred to in Rule 37(1B). Rule 37(1B) places a duty on polling station staff to check the date of birth of a voter in specific cases against that given either at registration if the voter is registered in Northern Ireland (sub-paragraph (a)) or against the application for a proxy vote where the voter is registered in a register of parliamentary electors in Great Britain and they do not also fall within sub-paragraph (a). (sub-paragraph (b)). Paragraph 38 modifies the applied version of sub-paragraph (b) so that it instead refers to voters registered in a register of local government electors in Great Britain and dates of birth provided in a proxy voting application under Northern Ireland local election legislation or parliamentary legislation as it applies to Assembly elections. This ensures polling staff can check the correct information as voters must be registered as a local elector in order to vote at Assembly elections and proxies for a particular assembly election are appointed under different provisions to those appointed for an indefinite period.
	Paragraph 43 modifies rule 38 (votes marked by the Presiding Officer) as it applies to Assembly elections. Paragraph 43 modifies Rule 38 so that references to marking the ballot paper are changed from marking the vote to reflect the single transferable vote system in Northern Ireland.
	Paragraph 44 inserts a new entry Rule 53B (destruction of date of birth lists) into the 2001 order. This applies Rule 53B of the parliamentary election rules to Assembly elections, which requires the Chief Electoral Officer to destroy the date of birth lists on the next working day following the 21st day after the member has been returned or if an election petition is presented before that time then on the next working day following the conclusion of proceedings or appeal.
	Paragraph 45 modifies section 8(2A) of the RPA 1985 as applied to Assembly elections to provide that a person on the register in Great Britain acting as a proxy for an elector at an Assembly election in Northern Ireland would need to be on the local register in Great Britain in order to be eligible to be proxy at a Northern Ireland Assembly election.
	Paragraph 46 amends in the Annex the form of declaration to be made by the companion of a voter with disabilities to reflect the updated qualifying requirements to be a companion which is that they must be aged 18 or over. They do not need to be a close family member.
	Paragraphs 47 and 48 make provision about existing proxy arrangements which are already in place. Paragraph 47 provides that existing proxy appointments at Assembly elections (in force as a result of an application made before the date on which paragraphs 2and 6(2) of Schedule 4 ("the relevant provisions") come into force) will cease on a day to be specified ("the specified day") in regulations by the Secretary of State. Electors wanting to continue with a proxy vote arrangement will need to reapply for a proxy vote under the new rules that provide that a person may act as proxy for up to four electors only. The Chief Electoral Officer in Northern Ireland, will be required to send a notice to an elector who has appointed a proxy before the specified day informing them of the date on which their proxy vote arrangement will cease to be in force and information about how to make a fresh application to vote, by proxy.
	Paragraph 47(4) requires that once a proxy appointment ceases to be in force under these provisions, the Chief Electoral Officer must as soon as practicable after this remove the entries relating to the appointment from the relevant absent voters’ record. Paragraph 47(5) provides that there can be more than one specified day if the relevant provisions come into force on different days.
	Paragraph 48 provides that an application for a proxy appointment that is made before, but not determined by, "the specified day" is to be treated as not having been made and the registration officer will be required to send the person information about how to make a fresh application. The paragraphs provide that these provisions do not apply where the application is made on or after the date on which the relevant provisions come into force. The effect of this provisions is that, if the offence concerning the appointment of proxies is commenced before the specified day, any elector who has been granted a proxy vote before the specified day, on the basis of an application made on or after the date of commencement of the relevant provisions, would be able to continue with those proxy arrangements, and an elector whose application for a proxy vote is still being processed on the specified day would not need to make a fresh application to vote by proxy. These provisions are designed to enable the transitional arrangements for existing proxy voters to run smoothly. Paragraph 47(5) provides that there can be more than one specified day if the relevant provisions come into force on different days.