The Representation of the People (Northern Ireland) Regulations 2008

Changes over time for: Section 3

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The Representation of the People (Northern Ireland) Regulations 2008, Section 3 is up to date with all changes known to be in force on or before 19 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

reg. 20(5A) inserted by 2014 c. 13 s. 15(2)(b)
reg. 20(6A)(6B) inserted by 2014 c. 13 s. 15(2)(d)
reg. 22(3)(d) and word inserted by 2014 c. 13 s. 15(3)(b)
reg. 22(6) inserted by 2014 c. 13 s. 15(3)(f)
reg. 38C(3)(t) inserted by S.I. 2022/1382 reg. 41(c)

InterpretationN.I.

This section has no associated Explanatory Memorandum

3.—(1) For the purposes of these Regulations, unless the context otherwise requires—

“the 1962 Act” means the Electoral Law Act (Northern Ireland) 1962(1);

“the 1983 Act” means the Representation of the People Act 1983;

“the 1985 Act” means the Representation of the People Act 1985(2);

“the 1989 Act” means the Elected Authorities (Northern Ireland) Act 1989(3);

“the 2000 Act” means the Representation of the People Act 2000(4);

“the 2002 Act” means the Electoral Fraud (Northern Ireland) Act 2002(5);

“the 2006 Act” means the Electoral Administration Act 2006;

[F1“address claimed as the qualifying address”, in relation to a person applying to be registered, means the address in respect of which the person is applying to be registered;]

“available for inspection” means available for inspection during ordinary office hours;

“British Council employee” means a person employed by the British Council in a post outside the United Kingdom;

“candidate” has the same meaning as section 118A of the 1983 Act(6);

[F2“certificate of anonymous registration” means a certificate issued in pursuance of regulation 53D;]

“copy of a birth certificate” means—

(a)

in relation to a birth certificate issued in Northern Ireland, a certified copy of a birth entry issued by the Registrar General of Births and Deaths in Northern Ireland;

(b)

in relation to a birth certificate issued in England or Wales, a certified copy of a birth entry issued by the Registrar General for England and Wales;

(c)

in relation to a birth certificate issued in Scotland, an extract of a birth entry issued by the Registrar General of Births, Deaths and Marriages for Scotland; and

(d)

in relation to a birth certificate issued elsewhere, a copy certified by the issuing authority;

“Crown servant” means a person who is employed in a post falling within the class or description set out in regulation 16;

“data” means information which is recorded with the intention that it should be processed by means of equipment operating automatically in response to instructions given for that purpose;

[F3“declaration of local connection” has the same meaning as in section 7B(1) of the 1983 Act(5);]

“edited register” has the meaning given in regulation 93(1);

“elections rules” means the parliamentary elections rules in Schedule 1 to the 1983 Act;

F4...

“full register” has the meaning given in regulation 93(1);

“list of overseas electors” means the list prepared under regulation 53;

“local elector” and “local election” have the same meaning as in section 130(1) of the 1962 Act;

[F5“mental hospital” has the meaning given in section 7(6) of the 1983 Act(6);]

“Miscellaneous Provisions Act” means the Northern Ireland (Miscellaneous Provisions) Act 2006(7);

“overseas elector” means a person who has made an overseas elector’s declaration and is registered or entitled to be registered as a parliamentary elector in pursuance of it;

[F6“previous registration condition” has the same meaning as in section 1A(2) of the 1985 Act(7);

“previous residence condition” has the same meaning as in section 1A(3) of the 1985 Act;]

[F7“qualifying Commonwealth citizen” has the same meaning as in section 4(6) of the 1983 Act;]

“specified authorities” means authorities set out in regulation 42(2);

“specified information” means information set out in regulation 42(3) to (6);

“register” means the register of electors;

“registration area” means the area covered by a particular register; F8...

“registration officer” means the electoral registration officer;

[F9“renewal declaration” has the same meaning as in section 1E of the 1985 Act(8);]

[F10“the UK digital service” has the same meaning as in section 10ZF of the 1983 Act, and references to an application submitted through the UK digital service or any other thing done through the UK digital service shall be construed in accordance with subsection (4) of that section.]

(2) A reference in these Regulations to a form identified by means of an alphabetical letter shall be construed as a reference to the form so identified in Schedule 3 to these Regulations.

(3) Any reference in these Regulations to a provision of the 1983 Act which has been applied by section 2(1) of, and Schedule 1 to, the 1989 Act (8) shall include a reference to that provision as so applied and with any modifications specified in Part II of that Schedule.

Textual Amendments

F1Words in reg. 3 inserted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) (Northern Ireland) Regulations 2024 (S.I. 2024/43), regs. 1(1), 3(a)

F2Words in reg. 3 inserted (15.9.2014) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2014 (S.I. 2014/1808), regs. 1(1), 2

F3Words in reg. 3 inserted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) (Northern Ireland) Regulations 2024 (S.I. 2024/43), regs. 1(1), 3(b)

F4Words in reg. 3(1) 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 Table 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

F5Words in reg. 3 inserted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) (Northern Ireland) Regulations 2024 (S.I. 2024/43), regs. 1(1), 3(c)

F6Words in reg. 3 inserted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) (Northern Ireland) Regulations 2024 (S.I. 2024/43), regs. 1(1), 3(d)

F7Words in reg. 3 inserted (21.5.2024) by The Representation of the People (England and Wales and Northern Ireland) (Amendment) Regulations 2024 (S.I. 2024/665), regs. 1(1), 3(2) (with reg. 1(5))

F8Words in reg. 3(1) omitted (31.5.2018) by virtue of The Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2018 (S.I. 2018/699), regs. 1(2), 10(a)

F9Words in reg. 3 inserted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) (Northern Ireland) Regulations 2024 (S.I. 2024/43), regs. 1(1), 3(e)

F10Words in reg. 3(1) inserted (31.5.2018) by The Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2018 (S.I. 2018/699), regs. 1(2), 10(b)

Modifications etc. (not altering text)