Municipalities Amendment Act 2015
FA E R
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AT F
TQUO U
BERMUDA
MUNICIPALITIES AMENDMENT ACT 2015
2015 : 3
TABLE OF CONTENTS
Citation
Amends section 1
Amends section 9
Amends section 9A
Amends section 9B
Inserts section 9BA
Amends section 9C
Inserts sections 9D to 9I
Inserts section 18A
Minister authorized to make Order in Schedule
Application
WHEREAS it is expedient to amend the Municipalities Act 1923 to make further
provision for the ordinary municipal election to be held in May 2015 and any other
municipal election held thereafter;
Be it enacted by The Queen’s Most Excellent Majesty, by and with the advice and
consent of the Senate and the House of Assembly of Bermuda, and by the authority of the
same, as follows:
Citation
This Act, which amends the Municipalities Act 1923 (“the principal Act”), may be
cited as the Municipalities Amendment Act 2015.
Amends section 1
Section 1(1) of the principal Act is amended—
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3
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5
6
7
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9
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MUNICIPALITIES AMENDMENT ACT 2015
notwithstanding section 2(2)(b) of the Municipalities Amendment Act 2013,
by bringing the provisions inserted by section 3(c) of that Act into full
operation on the day that this Act receives the Governor’s assent;
by deleting “the” in the defined expression “the municipal area”;
by repealing the definitions of “business ratepayers’ election”, “business
ratepayers’ register”, “mayoral election”, “municipal residents’ election”
and “municipal residents’ register” (which were inserted by section 3(c) of
the Municipalities Amendment Act 2013) and substituting the following
definitions, each in its correct alphabetical place—
“ “business ratepayers’ election” means a municipal election to elect the
business ratepayers’ Councillors of a Corporation;
“business ratepayers’ register” means the register, established and
maintained by the Parliamentary Registrar pursuant to section 9C(1),
of all the business ratepayers qualified to be registered for a municipal
election of a Corporation;
“mayoral election” means a municipal election to elect the Mayor of a
Corporation;
“municipal residents’ election” means a municipal election to elect the
residents’ Councillors of a Corporation;
“municipal residents’ register” means the register, established and
maintained by the Parliamentary Registrar pursuant to section 9BA,
of all the municipal residents qualified to be registered for a municipal
election of a Corporation;”; and
by inserting the following definitions, each in its correct alphabetical
place—
“ “business ratepayers’ Councillor” means a Councillor referred to in
section 18A(1)(a), elected in a business ratepayers’ election;
“nominee” means an individual natural person appointed under section 9C
to vote on behalf of a registered business ratepayer;
“residents’ Councillor” means a Councillor referred to in section 18A(1)(b),
elected in a municipal residents’ election;
“subsidiary” in relation to a company, has the meaning given in section 86
of the Companies Act 1981;”.
Amends section 9
Section 9 of the principal Act is amended—
by repealing subsections (1B) to (1I);
(a)
(b)
(c)
(d)
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(a)
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MUNICIPALITIES AMENDMENT ACT 2015
in subsection (2), by deleting “an Alderman or Common Councillor” and
substituting “a business ratepayers’ Councillor or residents’ Councillor”;
and
in subsection (3), by deleting “2011), the Secretary of a Corporation in
consultation with the Parliamentary Registrar” and substituting “2015),
the Parliamentary Registrar in consultation with the Secretary of a
Corporation”.
Amends section 9A
Section 9A of the principal Act is amended—
notwithstanding section 2(2)(b) of the Municipalities Amendment Act 2013,
by bringing the provisions of section 7 of that Act (repealing and replacing
section 9A of the principal Act) into full operation on the day that this Act
receives the Governor’s assent; and
by deleting “entitled” wherever it appears in that section, and in each case
substituting “qualified”.
Amends section 9B
Section 9B of the principal Act is amended, notwithstanding section 2(2)(b) of the
Municipalities Amendment Act 2013, by bringing the provisions inserted by section 8 of
that Act (section 9B(1A) of the principal Act) into full operation on the day that this Act
receives the Governor’s assent.
Inserts section 9BA
The principal Act is amended by, after section 9B, inserting—
“Registration of municipal residents
The Parliamentary Registrar shall establish and maintain a register of
all the municipal residents in the municipal area of that Corporation.
A municipal residents’ register shall comprise all persons for the time
being listed in the parliamentary register as ordinarily resident in the municipal
area of that Corporation.”.
9BA (1)
(2)
Amends section 9C
Section 9C of the principal Act is amended—
notwithstanding section 2(2)(b) of the Municipalities Amendment Act 2013,
by bringing the provisions inserted by section 9 of that Act (section 9C of
the principal Act) into full operation on the day that this Act receives the
Governor’s assent;
in subsection (1), by deleting “Secretary of each Corporation shall, in
consultation with the Parliamentary Registrar” and substituting
(b)
(c)
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(a)
(b)
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(a)
(b)
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MUNICIPALITIES AMENDMENT ACT 2015
“Parliamentary Registrar shall, in consultation with the Secretary of a
Corporation”;
in subsection (3)(a), by deleting “entitled” and substituting “qualified”;
in subsection (4), by inserting “natural person” after “individual”;
by repealing subsection (6)(c) and substituting—
joint owners or joint occupiers of a valuation unit shall be—
one of the joint owners or one of the joint occupiers; or
where none of the joint owners, or none of the joint occupiers,
is qualified to be a nominee under subsection (5), an individual
natural person who is so qualified; and ”;
“(c)
(i)
(ii)
in subsection (8), by deleting “municipal elector or as municipal electors”
and substituting “business ratepayer or as business ratepayers”;
in subsection (9), by deleting “municipal elector” and substituting
“business ratepayer”;
by, after subsection (9), inserting—
An individual natural person shall be disqualified for being appointed
as a nominee to vote on behalf of a business ratepayer or, even if he is so appointed,
for voting on behalf of a business ratepayer at a municipal election if he would be
disqualified for registration as a business ratepayer by virtue of subsection (9)(b).
A person shall not be qualified to be registered in a business
ratepayers’ register (whether in his own right or as a nominee) more than once at
any one time.
If, notwithstanding subsection (9B), a person’s name is with his
knowledge or consent entered in a business ratepayers’ register more than once,
he shall be disqualified for voting (whether in his own right or as a nominee) in any
municipal election that takes place while his name remains so entered.
No person shall vote more than once in the same business ratepayers’
election.
The provisions of this section shall have effect separately in relation to
the Corporation of Hamilton and the Corporation of St. George’s, and accordingly
nothing in these provisions shall prevent an individual or other person from being
registered in relation to, or qualified to vote in, business ratepayers’ elections in
relation to both Corporations at the same time, if he is otherwise qualified
therefor.”; and
“(9A)
(9B)
(9C)
(9D)
(9E)
by repealing subsection (10).
Inserts sections 9D to 9I
The principal Act is amended by, after section 9C, inserting—
(c)
(d)
(e)
(f)
(g)
(h)
(i)
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MUNICIPALITIES AMENDMENT ACT 2015
“Requirements for registration in the business ratepayers’ register
The Parliamentary Registrar shall not register any person in a
municipal register as a business ratepayer unless—
that person applies to the Parliamentary Registrar, under section
9E(1), to be registered;
where the person applying is required to appoint a nominee to vote
on his behalf, the application is accompanied by evidence of an
appointment in the form specified in subsection (2); and
the Parliamentary Registrar is satisfied that the person is qualified
to be so registered and, where he has appointed a nominee to vote
on his behalf, that such nominee is qualified to be so appointed.
The evidence of the appointment of a nominee required for the
purposes of subsection (1)(b) shall be an instrument in writing, in such form as the
Registrar may determine, setting out the full title or description of the business
ratepayer, the valuation unit owned or occupied by the business ratepayer and the
full name of the person appointed, and shall be authenticated in such manner as
the Registrar may determine.
Where, apart from a question of the appointment of a nominee, the
Parliamentary Registrar has doubts as to whether a person is qualified to be
registered, the Parliamentary Registrar may require to be satisfied, by such
evidence in writing as he thinks fit, as to whether that person qualifies to be
registered.
Registration of persons in business ratepayers’ register
A business ratepayer (in this section referred to as an “applicant”) may
at any reasonable time apply to the Parliamentary Registrar to be registered in a
municipal register as a business ratepayer.
An application under subsection (1) shall be in such form as the
Parliamentary Registrar may determine, and shall be accompanied by a lease
agreement, or any other document, showing ownership or occupation of the
valuation unit.
It shall be the duty of the Secretary of a Corporation to provide to the
Parliamentary Registrar such information as the Secretary has relating to whether
a business ratepayer qualifies for registration.
Where the Parliamentary Registrar is satisfied that an applicant is
qualified to be so registered, then the Parliamentary Registrar shall register him by
entering the following particulars in the business ratepayers’ register—
the full name of the applicant;
where the applicant has appointed a nominee, the full name of the
nominee; and
9D (1)
(a)
(b)
(c)
(2)
(3)
9E (1)
(2)
(3)
(4)
(a)
(b)
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MUNICIPALITIES AMENDMENT ACT 2015
a concise description, sufficient to identify it, of the valuation unit
in respect of which the applicant claims to be registered.
The misnaming of any person in the business ratepayers’ register, or
the inaccurate description of any valuation unit in the register, shall not prejudice
the person’s registration if the person or unit is described in such a way as to be
commonly recognized.
Maintenance of business ratepayers’ register
The Parliamentary Registrar shall maintain the business ratepayers’
register by making such additions to and cancellations, substitutions and
alterations in the register as may from time to time be required to maintain a true
and complete record of the business ratepayers and the nominees of business
ratepayers.
Without prejudice to the generality of subsection (1), the Parliamentary
Registrar shall make such alterations in the business ratepayers’ register as may
from time to time be required—
to remove from the register the name of any person who has died;
to remove from the register the name of any person who is not
qualified or has become disqualified for being registered as a
business ratepayer or a nominee, or for voting at a municipal
election;
to alter any entry relating to the valuation unit in respect of which
any person is registered;
to substitute for the name of any nominee appointed to vote on
behalf of a business ratepayer any other such name,
and, for the avoidance of doubt, the provisions of section 20 (corrections to the
parliamentary register) of the Parliamentary Election Act 1978 (as modified by the
Municipalities (Election) Order 2015) shall apply in respect of any such alterations.
Objections to registration
Any person may submit to the Parliamentary Registrar, in such form
as the Parliamentary Registrar may determine, an objection—
to the registration in the business ratepayers’ register of any other
person (including a nominee);
to the particulars entered in the business ratepayers’ register in
respect of any other person, or in respect of himself.
For the avoidance of doubt, the provisions of sections 17 (objections to
registration), 18 (objections to omissions), 19 (hearing of objections) and 24
(appeals to the Supreme Court) of the Parliamentary Election Act 1978 (as modified
by the Municipalities (Election) Order 2015) shall apply in respect of an objection
under subsection (1).
(c)
(5)
9F (1)
(2)
(a)
(b)
(c)
(d)
9G (1)
(a)
(b)
(2)
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MUNICIPALITIES AMENDMENT ACT 2015
Application of Parliamentary Election Rules 1979
The Parliamentary Election Rules 1979 shall mutatis mutandis apply to
municipal elections and, in particular—
fees prescribed therein shall have effect as if references to a
parliamentary register or a parliamentary election were references
to a municipal register or a municipal election, as the case may be;
and
forms prescribed therein may be modified by the Parliamentary
Registrar to meet the requirements of a municipal election.
False statements etc.
Any person who, whether orally or in writing and whether on oath or not,
makes any statement, or furnishes any information, to the Parliamentary Registrar
or to the Secretary of a Corporation, being a statement or information—
which is material to the registration or intended registration of
himself or any other person in a municipal register; and
which he knows to be false in a material particular,
is guilty of an offence and is liable on summary conviction to imprisonment for a
term of 12 months, or to a fine of $500, or to both such fine and imprisonment.”.
9H
(a)
(b)
9I
(a)
(b)
Inserts section 18A
The principal Act is amended by, after section 18, inserting—
“Determination of proportion of business ratepayers’ Councillors to residents’
Councillors
In an ordinary municipal election, as soon as practicable after the
publication of the revised municipal registers under section 26A(5) of the
Parliamentary Election Act 1978 (as modified by the Municipalities (Election) Order
2015), the Registrar shall calculate and determine the proportion of registered
business ratepayers to registered municipal residents in respect of each
Corporation in accordance with subsection (2), and then publish by notice in the
Gazette—
the proportion of the eight Councillors who are to be business
ratepayers’ Councillors (to be nominated and elected to the
Corporation by business ratepayers only); and
the proportion of the eight Councillors who are to be residents’
Councillors (to be nominated and elected to the Corporation by
municipal residents only).
For the purposes of subsection (1), if the proportion of the
Corporations’ registered municipal electors—
who are business ratepayers is—
18A (1)
(a)
(b)
(2)
(a)
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MUNICIPALITIES AMENDMENT ACT 2015
two-eighths or less, the number of business ratepayers’
Councillors who are to be elected in the business ratepayers’
election is two;
more than two-eighths but not more than three-eighths, the
number of business ratepayers’ Councillors who are to be
elected in the business ratepayers’ election is three;
more than three-eighths but less than five-eighths, the number
of business ratepayers’ Councillors who are to be elected in the
business ratepayers’ election is four;
five-eighths or more but less than six-eighths, the number of
business ratepayers’ Councillors who are to be elected in the
business ratepayers’ election is five;
six-eighths or more, the number of business ratepayers’
Councillors who are to be elected in the business ratepayers’
election is six; and
who are municipal residents is—
two-eighths or less, the number of residents’ Councillors who
are to be elected in the municipal residents’ election is two;
more than two-eighths but not more than three-eighths, the
number of residents’ Councillors who are to be elected in the
municipal residents’ election is three;
more than three-eighths but less than five-eighths, the number
of residents’ Councillors who are to be elected in the municipal
residents’ election is four;
five-eighths or more but less than six-eighths, the number of
residents’ Councillors who are to be elected in the municipal
residents’ election is five;
six-eighths or more, the number of residents’ Councillors who
are to be elected in the municipal residents’ election is six.”.
(i)
(ii)
(iii)
(iv)
(v)
(b)
(i)
(ii)
(iii)
(iv)
(v)
Minister authorized to make Order in Schedule
Notwithstanding section 9B(2) of the principal Act and section 7 of the Statutory
Instruments Act 1977 (affirmative resolution procedure), the Minister responsible for
municipalities is hereby authorized to make the Municipalities (Election) Order 2015
contained in the Schedule.
Application
The provisions of this Act shall not have effect in respect of any municipal election
that may be held before the ordinary municipal election in May 2015.
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MUNICIPALITIES AMENDMENT ACT 2015
SCHEDULE
(section 10)
BR / 2015
MUNICIPALITIES (ELECTION) ORDER 2015
The Minister responsible for municipalities, in exercise of the powers conferred by
section 9B(1) and (1A) of the Municipalities Act 1923 and section 10 of the Municipalities
Amendment Act 2015, makes the following Order:
Citation
This Order may be cited as the Municipalities (Election) Order 2015.
Application of Parliamentary Election Act 1978 to municipal elections
The Parliamentary Election Act 1978, read with the modifications to that Act set
out in this Order, shall apply to municipal elections under section 9 of the Municipalities
Act 1923.
Interpretation of Parliamentary Election Act 1978
Section 1(1) of the Parliamentary Election Act 1978 is modified by inserting,
each in its correct alphabetical place, the following definitions—
“ “business ratepayer” has the meaning assigned to it in the Municipalities
Act 1923;
“business ratepayers’ Councillor” has the meaning assigned to it in the
Municipalities Act 1923;
“business ratepayers’ register” has the meaning assigned to it in the
Municipalities Act 1923;
“Corporation” means the Corporation of Hamilton or, as the case may be,
the Corporation of St. George’s;
“Corporation of Hamilton” means the Mayor and Councillors (business
ratepayers’ Councillors and residents’ Councillors) of the City of
Hamilton;
“Corporation of St. George’s” means the Mayor and Councillors (business
ratepayers’ Councillors and residents’ Councillors) of the Town of St.
George;
“extraordinary municipal election” has the meaning assigned to it in the
Municipalities Act 1923;
“municipal area” has the meaning assigned to it in the Municipalities Act
1923;
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3 (1)
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MUNICIPALITIES AMENDMENT ACT 2015
“municipal election” has the meaning assigned to it in the Municipalities
Act 1923;
“municipal resident” has the meaning assigned to it in the Municipalities
Act 1923;
“ordinary municipal election” has the meaning assigned to it in the
Municipalities Act 1923;
“residents’ Councillor” has the meaning assigned to it in the Municipalities
Act 1923; ”.
The following expressions in the Parliamentary Election Act 1978 are to be
construed, in relation to a municipal election, as follows—
“bye-election” is to be read as a reference to an extraordinary municipal
election;
“constituency” is to be read as a reference to the municipal area of a
Corporation;
“member” is to be read as a reference to the Mayor or a Councillor (a
business ratepayers’ Councillor or a residents’ Councillor, as the case may
be) of a Corporation;
“parliamentary election” is to be read as a reference to a municipal election;
“parliamentary elector” or “elector” is to be read as a reference to a
municipal elector (a business ratepayer or a municipal resident, as the case
may be, who is registered to vote in a municipal election); and
“parliamentary register” is to be read as a reference to a business
ratepayers’ register or a municipal residents’ register, as the case may be.
Modifies section 3 of Parliamentary Election Act 1978
Section 3 of the Parliamentary Election Act 1978 (qualifications and
disqualifications for registration) is modified by inserting, after subsection (4), the
following—
All persons for the time being listed in the parliamentary register as
ordinarily resident in a municipal area are qualified to be registered in the
municipal residents’ register for that Corporation.
A person is qualified for registration in the business ratepayers’
register for a municipal area if he is so qualified under the Municipalities Act
1923.”.
“(5)
(6)
Modifies section 4
Section 4 of the Parliamentary Election Act 1978 (entitlement to vote) is modified
by deleting subsection (2)(c).
(2)
(a)
(b)
(c)
(d)
(e)
(f)
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5
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MUNICIPALITIES AMENDMENT ACT 2015
Modifies section 5
Section 5 of the Parliamentary Election Act 1978 (qualification for election) is
modified—
in subsection (1)—
by replacing the words “the House of Assembly for a constituency” with
the words “a Corporation”;
by replacing paragraph (a) with the following—
he is qualified for nomination as a candidate under section 18(1)
of the Municipalities Act 1923 and is not disqualified under section
18(2) of that Act; and”; and
“(a)
by replacing subsection (2) with the following—
A person is disqualified from being a member of a Corporation if—
he is disqualified from being elected as such a member under
section 71 of this Act; or
he is, at the same time, a member of the Legislature or a member
of the other Corporation.”.
“(2)
(a)
(b)
Modifies section 7
Section 7 of the Parliamentary Election Act 1978 (parliamentary register) is
modified—
by inserting, after subsection (1), the following—
The Registrar shall establish a register of municipal residents in the
municipal area of each Corporation, and shall thereafter revise and maintain such
registers.”;
“(1A)
in subsection (2) by, after the word “constituency”, inserting the words “and
for each municipal area”; and
by inserting, after subsection (6), the following—
The Registrar shall, in accordance with the Municipalities Act 1923,
establish and maintain a register of the business ratepayers in the municipal area
of each Corporation, and shall thereafter revise and maintain such registers.”.
“(7)
Modifies section 10
Section 10 of the Parliamentary Election Act 1978 (application for registration) is
modified in subsection (4) by replacing the word “Governor” with the word “Registrar”.
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(a)
(i)
(ii)
(b)
7
(a)
(b)
(c)
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MUNICIPALITIES AMENDMENT ACT 2015
Modifies section 14
Section 14 of the Parliamentary Election Act 1978 (scrutineers) is modified in
subsection (1) by, after the word “Legislature”, inserting the words “, members of a
Corporation”.
Modifies section 26A
Section 26A of the Parliamentary Election Act 1978 (publication of revised
parliamentary register at an election) is modified in subsection (1) by replacing the word
“Governor” with the word “Registrar”.
Modifies section 27
Section 27 of the Parliamentary Election Act 1978 (issue of writs of election) is
modified—
in subsection (1) by replacing the words “Governor of a writ of election
under the Public Seal of Bermuda” with the words “Registrar of a writ of
election”; and
by replacing subsection (5) with the following—
The polling day appointed for a municipal election shall not be an
excepted day and shall, subject to section 27A—
in the case of an ordinary municipal election, be the day appointed
for the holding of the election by notice of the Registrar pursuant
to section 9(3) of the Municipalities Act 1923;
in the case of an extraordinary municipal election, be a day not
earlier than 28 days after the issue of the writ nor later than two
months after the occurrence of the vacancy which occasioned the
issue of the writ.”.
“(5)
(a)
(b)
Modifies section 27A
Section 27A of the Parliamentary Election Act 1978 (power to postpone elections)
is modified—
by replacing the word “Governor”, wherever it appears in the section, with
the word “Registrar”;
by replacing the word “proclamation”, wherever it appears in the section,
with the word “notice”; and
by deleting, in subsection (1), the words “(but subject in any event to the
limits set forth in section 51(1) and (2) of the Constitution)”.
Modifies section 30
Section 30 of the Parliamentary Election Act 1978 (notice of election) is modified by
deleting the words “the Deputy Governor shall notify the Registrar and”.
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(a)
(b)
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(a)
(b)
(c)
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MUNICIPALITIES AMENDMENT ACT 2015
Modifies section 32
Section 32 of the Parliamentary Election Act 1978 (nomination of candidates) is
modified—
in subsection (2) by replacing paragraph (e) with the following—
the intended candidate is not, at the same time—
nominated as a candidate for any other vacancy in the
Corporation;
in the case of an extraordinary municipal election, a member
of the Corporation;
nominated as a candidate for the other Corporation, the House
of Assembly or the Senate; or
a member of the other Corporation, the House of Assembly or
the Senate;”; and
“(e)
(i)
(ii)
(iii)
(iv)
by deleting subsections (3) and (4).
Modifies section 33
Section 33 of the Parliamentary Election Act 1978 (uncontested election) is modified
by replacing it with the following—
“Uncontested election
Where at the close of the period for the acceptance of the nomination of
candidates at a municipal election the number of persons duly nominated as
candidates for Mayor, business ratepayers’ Councillor or residents’ Councillor does
not exceed the number of vacancies to be filled at that election, then the Returning
Officer shall forthwith declare such duly nominated person or persons to be elected
and shall return their name or names, as the case may be, to the office of the
Registrar with the writ of election duly completed and signed by him.
Extraordinary municipal election to fill unfilled vacancy
Where the number, if any, of persons returned uncontested as
members in accordance with section 33 is less than the number of vacancies to be
filled at the municipal election concerned, then an extraordinary municipal election
shall ensue within the next succeeding period of two months to fill any vacancy not
duly filled at such municipal election.
The Returning Officer shall forthwith report to the Registrar the
circumstances giving rise to an extraordinary municipal election under subsection
(1).”.
33
34 (1)
(2)
Modifies section 36
Section 36 of the Parliamentary Election Act 1978 (taking a poll in contested
election) is modified by replacing subsection (1) with the following—
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(a)
(b)
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MUNICIPALITIES AMENDMENT ACT 2015
Subject to section 38, where at the close of the period for the
acceptance of nomination of candidates at a municipal election the number of
persons duly nominated as candidates for Mayor, business ratepayers’ Councillor
or residents’ Councillor exceeds the number of vacancies to be filled at that election,
then a poll shall be taken at the election room on the polling day therefor.”.
“(1)
Modifies section 37
Section 37 of the Parliamentary Election Act 1978 (withdrawal of candidate) is
modified in subsection (3) by deleting the words “Deputy Governor” and substituting
“Registrar”.
Modifies section 38
Section 38 of the Parliamentary Election Act 1978 (death of candidate) is modified
in subsection (2) by deleting the words “the Deputy Governor and”.
Modifies section 46
Section 46 of the Parliamentary Election Act 1978 (ballot papers) is modified—
by replacing subsection (1) with the following—
The ballot of each voter at a municipal election (hereinafter called a
“ballot paper”) shall consist of, as necessary, a page listing in alphabetical order the
full names of all the nominated candidates for mayor, a page listing in alphabetical
order the full names of all the nominated candidates for business ratepayers’
Councillor, and a page listing in alphabetical order the full names of all the
nominated candidates for residents’ Councillor, in a form that is as close as
practicable to that prescribed for parliamentary elections, each page impressed
with the official mark in accordance with subsection (3).”;
“(1)
in subsection (2), by deleting paragraph (c); and
in subsection (3) by, after the words “back of”, inserting the words “each
page of”.
Modifies section 51
Section 51 of the Parliamentary Election Act 1978 (marking the ballot paper) is
modified by replacing subsection (2) with the following—
A person voting at a municipal election shall not be entitled to vote on
a ballot paper for more of the candidates than there are vacancies (for Mayor,
business ratepayers’ Councillor or residents’ Councillor respectively) to be filled at
that municipal election.”.
“(2)
Modifies section 54
Section 54 of the Parliamentary Election Act 1978 (void ballot papers) is modified
in subsection (1) by replacing paragraph (b) with the following—
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18
19
(a)
(b)
(c)
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21
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MUNICIPALITIES AMENDMENT ACT 2015
on which votes are given for more candidates than there are
vacancies (for Mayor, business ratepayers’ Councillor or residents’
Councillor respectively) to be filled at the municipal election
concerned;”.
“(b)
Modifies section 57
Section 57 of the Parliamentary Election Act 1978 (procedure in the event of a tie)
is modified—
in subsection (1) by deleting “Deputy Governor” and substituting
“Registrar”.
in subsection (2) by, after the word “void”, inserting the words “in respect
of the vacancy for which the report has been made”.
Modifies section 58
Section 58 of the Parliamentary Election Act 1978 (return of writ of election) is
modified by deleting “Deputy Governor” and substituting “Registrar”.
Modifies section 71
Section 71 of the Parliamentary Election Act 1978 (disqualifications) is modified by,
after the words “House of Assembly”, inserting the words “, or of a Corporation,”.
Modifies the Schedule
The Schedule to the Parliamentary Election Act 1978 is to be read as if every
candidate at a municipal election were an “independent” candidate.
Revokes Municipalities (Election) Order 2011
Subject to paragraph (2), the Municipalities (Election) Order 2011 is revoked.
The Municipalities (Election) Order 2011 shall continue to have effect (and this
Order shall not have effect) in respect of any municipal election that may be held before the
ordinary municipal election in May 2015.
Made this day of 2015
Minister of Home Affairs
[Assent Date: 27 February 2015]
[Operative Date: 27 February 2015]
22
(a)
(b)
23
24
25
26 (1)
(2)
15
