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The Representation of the People (Northern Ireland) Regulations 2008

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Point in time view as at 16/01/2024.

Changes to legislation:

The Representation of the People (Northern Ireland) Regulations 2008, Cross Heading: Information about electors is up to date with all changes known to be in force on or before 01 November 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. Help about Changes to Legislation

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Information about electorsN.I.

Power to require informationN.I.

24.—(1) The registration officer may require any person to give such information or documentation as is required for the purposes of that officer’s duties in maintaining registers of parliamentary and local electors [F1except where these Regulations specify the information or documentation that a registration officer may require].

(2) The registration officer may specify the form in which any information required under paragraph (1) is to be provided.

(3) If any person fails to comply with any such requirement of the registration officer as is mentioned in this regulation, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Textual Amendments

Alteration of registers under section 13BA(3) [F2or 13BC] of the 1983 ActN.I.

25.—(1) For the purposes of section 13BA(3) of the 1983 Act the prescribed date is the eleventh day before the day of the poll.

[F3(1A) For the purposes of section 13BC(2)(d) of the 1983 Act (alteration of registers: recall petition) the prescribed date is the eleventh day before the beginning of the signing period (within the meaning of section 9(2) of the Recall of MPs Act 2015).]

(2) For the purposes of section 13BA(3) [F4or 13BC] of the 1983 Act, the additional supporting material is [F5such of the material as is prescribed in regulations 25A to 25C] as the registration officer may require.

F6(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The documents which the registration officer may require to demonstrate that the applicant has been resident in Northern Ireland during the whole of the period of three months ending on the relevant date within the meaning of section 4 of the 1983 Act are such of the following documents which have been issued not less than three months and not more than six months before the date of the application—

(a)a licence to drive a motor vehicle which bears a photograph of the applicant;

(b)a bill or statement of account issued in respect of the supply of gas, water, electricity or telecommunications services to premises at an address specified in the statement;

(c)a statement issued by a bank or building society relating to an account held at that bank or building society;

(d)a bill or statement of account issued by Land and Property Services (meaning that part of the Department of Finance and Personnel for Northern Ireland known as Land and Property Services Executive Agency);

(e)a bill or statement of account issued in respect of a debit or credit card by a bank or building society; F7...

(f)a statement issued by a bank or building society in relation to a mortgage [F8; and

(g)a bill or statement issued by a Credit Union within the meaning of article 2 of the Credit Unions (Northern Ireland) Order 1985].

Textual Amendments

Modifications etc. (not altering text)

[F9Regulation 25 supplementary: additional supporting material in relation to identityN.I.

25A.—(1) This regulation prescribes the additional supporting material which, for the purposes of sections 13BA(3) and 13BC of the 1983 Act, the registration officer may require in relation to the identity of an applicant.

(2) The additional supporting material is a copy of, or, where the registration officer considers it appropriate, the original of—

(a)one of the following documents issued to the applicant—

(i)a passport;

(ii)a photocard driving licence (current or expired) issued in the United Kingdom or the European Economic Area or granted by a Crown Dependency;

(iii)a biometric immigration document issued in the United Kingdom in accordance with regulations made under section 5 of the UK Borders Act 2007(1);

(iv)an electoral identity card issued under section 13C(1) of the 1983 Act(2);

(v)an identity card issued in the European Economic Area;

(vi)a Senior SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;

(vii)a Blind Person’s SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;

(viii)a War Disabled SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;

(ix)a 60+ SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st October 2008;

(x)a Half Fare SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st April 2004;

(xi)a statutory declaration as to the applicant’s name and date of birth, or

(b)if the applicant is unable to provide a document listed in sub-paragraph (a), two of the following documents issued to or in respect of the applicant—

(i)a copy of the applicant’s birth certificate(3);

(ii)a marriage certificate;

(iii)a certificate of civil partnership;

(iv)an adoption certificate;

(v)a driving licence other than a driving licence specified in sub-paragraph (a)(ii);

(vi)a firearms certificate issued under the Firearms (Northern Ireland) Order 2004(4);

(vii)a certificate of naturalisation showing that the applicant has become a British citizen or Commonwealth citizen by virtue of naturalisation;

(viii)a document showing that the applicant has become a British citizen or Commonwealth citizen by virtue of registration;

(ix)a Form P45 or Form P60 issued to the applicant by their employer or former employer;

(x)a statement of benefits or entitlement to benefits under an enactment relating to social security, where the statement contains the applicant’s national insurance number.

(3) If the applicant is unable to provide a document listed in paragraph (2)(a) or two of the documents listed in paragraph (2)(b), the additional supporting material is an attestation which—

(a)confirms that the applicant is the person named in the application, and

(b)meets the general attestation requirements in regulation 27ZH(1).

  

(4) In paragraph (1), “Crown Dependency” means the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man.

Textual Amendments

Regulation 25 supplementary: additional supporting material in relation to nationalityN.I.

25B.—(1) This regulation prescribes the additional supporting material which, for the purposes of sections 13BA(3) and 13BC of the 1983 Act, the registration officer may require in relation to the nationality of an applicant.

(2) The additional supporting material is a copy of, or, where the registration officer considers it appropriate, the original of—

(a)if the applicant is not seeking to be registered in pursuance of an overseas elector’s declaration, one of the following documents issued to or in respect of the applicant—

(i)a copy of the applicant’s birth certificate;

(ii)a certificate of naturalisation showing that the applicant has become a British citizen or Commonwealth citizen by virtue of naturalisation;

(iii)a document showing that the applicant has become a British citizen or Commonwealth citizen by virtue of registration;

(iv)a statutory declaration that the applicant is a British citizen, a qualifying Commonwealth citizen, a citizen of Ireland or a relevant citizen of the Union(5);

(v)a passport issued by the Government of the United Kingdom, a member State or a Commonwealth country, or

(b)if the applicant is seeking to be registered in pursuance of an overseas elector’s declaration, one of the following documents issued to or in respect of the applicant—

(i)a copy of the applicant’s birth certificate;

(ii)a certificate of naturalisation showing that the applicant has become a British citizen by virtue of naturalisation;

(iii)a document showing that the applicant has become a British citizen by virtue of registration;

(iv)a statutory declaration that the applicant is—

(aa)a British citizen, or

(bb)an Irish citizen who was born in Northern Ireland and qualifies as a British citizen (whether or not the applicant identifies as such).

(3) If the applicant is unable to provide a document listed in paragraph (2)(a) or (b) (whichever is relevant), the additional supporting material is an attestation which—

(a)confirms that the nationality of the applicant is the nationality stated in the application, and

(b)meets the general attestation requirements in regulation 27ZH(1).

  

(4) In paragraph (1)(a)(iv), “qualifying Commonwealth citizen” has the meaning given in section 4(6) of the 1983 Act(6).

Textual Amendments

Regulation 25 supplementary: additional supporting material in relation to address claimed as qualifying addressN.I.

25C.—(1) This regulation prescribes the additional supporting material which, for the purposes of sections 13BA(3) and 13BC of the 1983 Act, the registration officer may require in relation to the address which an applicant claims as their qualifying address.

(2) The additional supporting material is a copy of, or, where the registration officer considers it appropriate, the original of any document which—

(a)is listed in paragraph (4), and

(b)bears—

(i)the full current or former name of the applicant, and

(ii)the address claimed as the qualifying address.

(3) Where the applicant is not seeking to be registered in pursuance of a service declaration, a declaration of local connection or an overseas elector’s declaration, the document referred to in paragraph (2) must have been issued within the period of three months ending with the date of application unless it is a driving licence.

(4) The documents are—

(a)a driving licence issued in the United Kingdom which—

(i)if the applicant is seeking to be registered in pursuance of a service declaration, a declaration of local connection or an overseas elector’s declaration, may be current or expired;

(ii)otherwise, must be current;

(b)a bill or statement of account issued by Land and Property Services (meaning that part of the Department of Finance in Northern Ireland known as Land and Property Services Executive Agency);

(c)a utility or mobile telephone bill;

(d)a bank or building society passbook or statement, or a letter from a bank or building society, confirming that the applicant has opened an account with that bank or building society;

(e)a credit card statement;

(f)a bill or statement issued by a credit union within the meaning of article 2 of the Credit Unions (Northern Ireland) Order 1985(7);

(g)a pension statement;

(h)an instrument of a court appointment, such as a grant of probate or letters of administration;

(i)a letter from His Majesty’s Revenue and Customs;

(j)a letter from a school, college, university or other educational institution which confirms the attendance of, or the offer of a place for, the applicant at that institution;

(k)a letter from Student Finance Northern Ireland;

(l)an official copy of the land registry entry for the address claimed as the qualifying address or other proof of title for that address;

(m)a solicitor’s letter confirming the purchase of, or confirmation of the land registry registration of, the address claimed as the qualifying address;

(n)a Form P45, Form P60, reference or payslip issued to the applicant by their employer or former employer;

(o)a letter from an insurance provider;

(p)a rent book issued by the Northern Ireland Housing Executive;

(q)a statement of benefits or entitlement to benefits under an enactment relating to social security;

(r)a letter from the Department for Communities in Northern Ireland confirming the applicant’s entitlement to a state pension;

(s)a letter from the Office of Care and Protection, confirming the registration of a lasting power of attorney.

(5) If the applicant is unable to provide a document which meets the requirements of paragraph (2) and (if relevant) paragraph (3), the additional supporting material is an attestation which—

(a)confirms the basis on which the applicant is entitled to be registered in respect of the address claimed as their qualifying address, and

(b)meets the general attestation requirements in regulation 27ZH(1).

(6) If the applicant’s name in a document provided in accordance with paragraph (2) is different from the applicant’s name in their application, the additional supporting material also includes—

(a)an explanation as to the difference in name, and

(b)evidence confirming the change of the applicant’s name.]

Textual Amendments

Reminders to electors registered [F10in pursuance of a service declaration or declaration of local connection] N.I.

26.—(1) This regulation applies in respect of a person registered in pursuance of—

(a)a service declaration; [F11or]

(b)a declaration of local connection; F12...

F12(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Subject to paragraph (4), the registration officer shall, during the relevant period, send a person to whom this regulation applies a reminder [F13in writing] of the need to make a fresh declaration if he wishes to remain registered as an elector in pursuance of such a declaration.

(3) In paragraph (2) the “relevant period” means–

(a)except in cases to which sub-paragraph (b) applies, the period beginning nine months after the date when the existing entry in the register of the person in question first takes effect and ending ten months after that date;

[F14(b)in the case of a person mentioned in section 14(1)(a) or (d) of the 1983 Act (members of the forces and their spouses or civil partners) who is registered in pursuance of a service declaration, the period beginning 57 months after the date when the existing entry in a register of the person in question first takes effect and ending 58 months after that date.]

(4) Paragraph (2) does not apply in respect of a person to whom this regulation applies where—

(a)the registration officer has already received from that person a fresh declaration; or

(b)information which the registration officer has received indicates that that person is no longer entitled to make the relevant declaration.

Textual Amendments

[F15Reminders to persons who have an anonymous entryN.I.

26A.—(1) This regulation applies to a person (“P”) who has an anonymous entry in the register of parliamentary or local electors.

(2) Subject to paragraph (3), the registration officer must, during the relevant period, send to P a reminder [F16in writing] that P’s entitlement to be registered will terminate on the determined date and that—

(a)if P wishes to remain entered in the register anonymously after that date, P must make a fresh application for an anonymous entry under section 9B(1)(b) of the 1983 Act;

(b)if P wishes to remain entered in the register without an anonymous entry, P must make a fresh application for registration under section 10A(1)(a) of the 1983 Act.

(3) Paragraph (2) does not apply (or ceases to apply) where the registration officer has received from P a fresh application for an anonymous entry under section 9B(1)(b) of the 1983 Act.

(4) In this regulation—

“the determined date” is the date on which P’s entitlement to remain registered will terminate under section 9C(1A) of the 1983 Act;

“the relevant period” is the period beginning six months before the determined date and ending three months before that date.]

Textual Amendments

Applications for registrationN.I.

27.—(1) An application for registration as a parliamentary or local elector (or both) under section 10A(1)(a) or 13A(1)(a) of the 1983 Act(5)(“an application for registration”) shall, in addition to the requirements of section 10A(1A) and 13A(2A) of that Act(6), state—

(a)the applicant’s full name;

(b)[F17except in the case of a person applying to be registered in pursuance of a service declaration, a declaration of local connection or an overseas electors’ declaration,] the address in respect of which the applicant applies to be registered and at which he is resident on the date of the application;

[F18(c)in the case of an applicant who no longer claims to be entitled to be registered at an address in respect of which the applicant is currently registered as an elector, either—

(i)the fact that the applicant has ceased to reside at that address; or

(ii)the fact that the registration was in pursuance of a service declaration, a declaration of local connection or an overseas electors’ declaration, and the fact that the applicant is no longer entitled to make that declaration;

(ca)in the case of an applicant who has confirmed pursuant to section 10A(1A)(c)(i) or 13A(2A)(c)(i) of the 1983 Act that the applicant does not have a national insurance number, the reason why the applicant does not have it;

(cb)except in the case of a person applying to be registered in pursuance of an overseas elector’s declaration or a service declaration, the applicant’s nationality or nationalities or, if the applicant is not able to provide that information, the reason why the applicant is not able to do so;]

F19(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)in the case of an applicant who is a merchant seaman within the meaning of section 6 of the 1983 Act, that fact; F20...

(f)in the case of an applicant [F21whose application is not accompanied by an application for an anonymous entry and] who wishes his name and address to be omitted from the edited version of the register, that request [F22, and

(g)in the case of an applicant whose application is accompanied by an application for an anonymous entry, that fact.]

[F23(1A) Where an applicant has previously been known by a name other than that stated in accordance with paragraph (1)(a), the application may also state the applicant’s previous name.]

[F24(1B) Where an applicant is applying to be registered in pursuance of an overseas elector’s declaration and is unable to provide a national insurance number, the applicant may provide as part of their application a copy of any of the documents listed in regulation 25A(2).

(1C) Where an applicant is applying to be registered in pursuance of an overseas elector’s declaration in reliance on the previous residence condition, the applicant may provide as part of their application a copy of any document which meets the requirements of regulation 27ZB(2).]

(2) In the case of a person applying to be registered as a parliamentary or local elector (or both) in pursuance of a service declaration, a declaration of local connection or an overseas elector’s declaration, the declaration in question shall accompany the application.

[F25(3) An application for registration [F26which is submitted through the UK digital service must include a statement] by the applicant that, by submitting the application or instructing another person to submit it on the applicant’s behalf, the applicant confirms that—

(a)the applicant is the person named in the application; and

(b)[F27the applicant believes the matters stated in the application and any accompanying declaration to be true.]

[F28(3ZZA) An application for registration which is not submitted through the UK digital service and is made otherwise than in pursuance of an overseas elector’s declaration must include a statement that—

(a)the applicant is the person named in the application, and

(b)the applicant believes the matters stated in the application and any accompanying declaration to be true.

(3ZZB) An application for registration which is not submitted through the UK digital service and is made in pursuance of an overseas elector’s declaration must include a statement that—

(a)the applicant is the person named in the application, and

(b)the applicant believes the matters stated in the application to be true.]

(3A) Where the applicant is unable to read, the applicant shall arrange for the declaration mentioned in paragraph (3) to be read out to the applicant before the application is submitted.

(3B) Where the application is to be submitted through the UK digital service and the applicant is unable to submit it owing to a disability, the applicant may instruct a person of 18 years or over to submit it on behalf of the applicant in the applicant’s presence.]

(4) An application for registration shall be made in writing F29... and dated F30....

[F31(4A) An application for registration may include the applicant’s email address and telephone number if the applicant is willing for the registration officer to contact the applicant by such means.]

F32(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where the registration officer provides the form on which an application for registration is made, the form of words in Schedule 5 or a form of words with substantially like effect with such variations as the registration officer may consider appropriate must form part of, or accompany, the application form.

[F33(6A) Where the registration officer provides the form on which an application for registration is made, the form shall include—

(a)the words “It is an offence to provide false information in this form”, and

(b)a statement of the maximum penalty for the offence.]

(7) Where an application for registration is made otherwise than on a form provided by the registration officer, that officer must on or before the determination of the application send to the applicant [F34in writing] the form of words in Schedule 5 or a form of words with substantially like effect and request the applicant to state within 21 days beginning with the date of that request if he wishes his name and address to be excluded from the edited version of the register.

(8) Where an applicant has not replied to the registration officer within 21 days beginning with the date on which the registration officer issued the request under paragraph (7), the registration officer shall assume that the applicant does not request his name and address to be excluded from the edited version of the register.

(9) Where an applicant has replied making such a request within that period, the request shall be treated as part of the application for registration.

[F35(10) Paragraphs [F36(6) and (7) to (9)] do not apply to an application for registration which is accompanied by an application for an anonymous entry.]

Textual Amendments

[F37Overseas electors: power to require additional evidence where applicant under 18 when last resident in the United KingdomN.I.

27ZA.—(1) This regulation applies where—

(a)a person has made an application to be registered in pursuance of an overseas elector’s declaration,

(b)the applicant has indicated that they were under the age of 18 years on the last day on which they were resident in the United Kingdom, and

(c)the registration officer considers that additional evidence is necessary to be satisfied that the applicant was resident at the address claimed as their qualifying address on that day.

(2) The registration officer may require the applicant to provide—

(a)the full name of a parent or guardian of the applicant who was resident at the address claimed as the qualifying address on the last day on which the applicant was resident in the United Kingdom, and

(b)an indication as to whether the parent or guardian was registered in the register in respect of that address on that day.

(3) Where the information provided in accordance with paragraph (2) is in relation to a parent, the applicant must also provide a copy of the applicant’s birth certificate showing the full name of that parent and the applicant’s date of birth.

(4) Where the information provided in accordance with paragraph (2) is in relation to a guardian, the registration officer may require the applicant to provide such documentary evidence as the registration officer considers appropriate confirming that the person named was a guardian of the applicant.

Textual Amendments

Overseas electors: power to require additional evidence of previous residenceN.I.

27ZB.—(1) This regulation applies where—

(a)a person has made an application to be registered in pursuance of an overseas elector’s declaration, and

(b)the registration officer considers that additional evidence is necessary to be satisfied that the applicant satisfies the previous registration condition or the previous residence condition (whichever is relevant).

(2) The registration officer may require the applicant to provide a copy of, or, where the registration officer considers it appropriate, the original of, any document which—

(a)bears the full current or previous name of the applicant, and

(b)bears the address claimed as the qualifying address.

(3) A document which meets the requirements of paragraph (2) and is listed in paragraph (5) is deemed to provide conclusive evidence that the applicant satisfies the previous registration condition or the previous residence condition (whichever is relevant).

(4) But the deeming provision in paragraph (3) only applies in the case of a document bearing the previous name of the applicant where the registration officer is satisfied as to the applicant’s change in name (see further, regulation 27ZG).

(5) The documents are—

(a)a driving licence (current or expired) issued in the United Kingdom;

(b)a bill or statement of account issued by Land and Property Services (meaning that part of the Department of Finance in Northern Ireland known as Land and Property Services Executive Agency);

(c)a utility or mobile telephone bill;

(d)a bank or building society passbook or statement, or a letter from a bank or building society, confirming that the applicant has opened an account with that bank or building society;

(e)a credit card statement;

(f)a bill or statement issued by a credit union within the meaning of article 2 of the Credit Unions (Northern Ireland) Order 1985;

(g)a pension statement;

(h)an instrument of a court appointment, such as a grant of probate or letters of administration;

(i)a letter from His Majesty’s Revenue and Customs;

(j)a letter from a school, college, university or other educational institution which confirms the attendance of, or the offer of a place for, the applicant at that institution;

(k)a letter from Student Finance Northern Ireland;

(l)an official copy of the land registry entry for the address claimed as the qualifying address or other proof of title for that address;

(m)a solicitor’s letter confirming the purchase of, or confirmation of the land registry registration of, the address claimed as the qualifying address;

(n)a Form P45, Form P60, reference or payslip issued to the applicant by their employer or former employer;

(o)a letter from an insurance provider;

(p)a rent book issued by the Northern Ireland Housing Executive;

(q)a statement of benefits or entitlement to benefits under an enactment relating to social security;

(r)a letter from the Department for Communities in Northern Ireland confirming the applicant’s entitlement to a state pension;

(s)a letter from the Office of Care and Protection in Northern Ireland, confirming the registration of a lasting power of attorney.

(6) If the applicant is unable to provide a document which meets the requirements of paragraph (2), or if the evidence provided in accordance with this regulation is not sufficient for the registration officer to determine that the applicant satisfies the previous registration condition or the previous residence condition (whichever is relevant), the registration officer may proceed under regulations 27ZC to 27ZF (so far as relevant).

Textual Amendments

Overseas electors: power to require attestation as to applicant’s previous residence at address claimed as qualifying addressN.I.

27ZC.—(1) This regulation applies where—

(a)the registration officer is permitted by regulation 27ZB(6) to proceed under this regulation, and

(b)the registration officer considers that additional evidence is necessary to be satisfied that the applicant was resident at the address claimed as the qualifying address.

(2) The registration officer may require the applicant to provide an attestation which—

(a)confirms that the applicant was resident at the address claimed as the qualifying address,

(b)indicates the dates between which, to the best of the attestor’s knowledge, the applicant was resident at that address, and

(c)meets the general attestation requirements in regulation 27ZH(1).

Textual Amendments

Overseas electors: power to require additional evidence as to previous registration in pursuance of a service declaration, residence as a merchant seaman or an overseas elector’s declarationN.I.

27ZD.—(1) This regulation applies where—

(a)the registration officer is permitted by regulation 27ZB(6) to proceed under this regulation,

(b)the application is made in reliance on the previous registration condition,

(c)the applicant has indicated that—

(i)their previous registration, or their last registration in the register otherwise than as an overseas elector, was in pursuance of a service declaration, or

(ii)their previous registration, or their last registration in the register otherwise than as an overseas elector, was in pursuance of residence determined in accordance with section 6 of the 1983 Act (residence: merchant seamen)(8), and

(d)the registration officer considers that additional evidence is necessary to be satisfied that the applicant was previously registered in respect of the address claimed as the qualifying address.

(2) The registration officer may require the applicant to provide either or both of the following—

(a)a copy of, or, where the registration officer considers it appropriate, the original of, any document which—

(i)bears the full current or previous name of the applicant, and

(ii)confirms that the applicant met the registration status requirement in paragraph (3);

(b)an attestation which—

(i)confirms the basis on which the applicant met the registration status requirement in paragraph (3),

(ii)indicates the dates between which, to the best of the attestor’s knowledge, the applicant met the requirement, and

(iii)meets the general attestation requirements in regulation 27ZH(1).

(3) The registration status requirement is that the applicant—

(a)where paragraph (1)(c)(i) applies, had a service qualification, or

(b)where paragraph (1)(c)(ii) applies, was a merchant seaman within the meaning of section 6 of the 1983 Act.

(4) Paragraph (5) applies where the applicant indicates that they were eligible to make a service declaration because they were the spouse or civil partner of a person (“D”) mentioned in section 14(1)(a), (b) or (c) of the 1983 Act(9).

(5) In addition to or instead of requiring evidence in accordance with paragraph (2)(a), the registration officer may require the applicant to provide the registration officer with a copy of, or, where the registration officer considers it appropriate, the original of, either of both of the following—

(a)a document which—

(i)bears D’s full current or previous name, and

(ii)confirms D’s service qualification under section 14(1) of the 1983 Act;

(b)a document which—

(i)bears D’s full current or previous name, and

(ii)confirms that D was, at the time the document was issued, the applicant’s spouse or civil partner.

(6) In this regulation—

“previous registration” means the registration referred to in section 1A(2)(a) of the 1985 Act;

“service qualification” has the same meaning as in section 14(1) of the 1983 Act.

Textual Amendments

Overseas electors: power to require additional evidence as to declaration of local connectionN.I.

27ZE.—(1) This regulation applies where—

(a)the registration officer is permitted by regulation 27ZB(6) to proceed under this regulation,

(b)the application is made in reliance on the previous registration condition,

(c)the applicant has indicated that their previous registration, or their last registration in the register otherwise than as an overseas elector, was in pursuance of a declaration of local connection, and

(d)the registration officer considers that additional evidence is necessary to be satisfied that the applicant was previously registered in respect of the address claimed as the qualifying address.

(2) This regulation also applies where—

(a)the registration officer is permitted by regulation 27ZB(6) to proceed under this regulation,

(b)the application is made in reliance on section 1A(3)(b)(ii) of the 1985 Act (previous residence condition: declaration of local connection), and

(c)the registration officer considers that additional evidence is necessary to be satisfied that, on the last day on which the applicant was resident in the United Kingdom, the applicant could have made a declaration of local connection.

(3) The registration officer may require the applicant to provide either or both of the following—

(a)a copy of, or, where the registration officer considers it necessary, the original of, any document which—

(i)bears the full current or previous name of the applicant, and

(ii)confirms that section 7B of the 1983 Act (notional residence: declarations of local connection) applied to the applicant on the last day on which the applicant was resident in the United Kingdom;

(b)an attestation which—

(i)confirms the basis on which the applicant met the local connection requirement,

(ii)indicates the dates between which, to the best of the attestor’s knowledge, the applicant met the local connection requirement, and

(iii)meets the general attestation requirements in regulation 27ZH(1).

(4) The local connection requirement is that—

(a)where it is indicated that section 7B(2)(a) of the 1983 Act applied to the applicant on the last day on which the applicant was resident in the United Kingdom—

(i)the applicant was a patient in a mental hospital, and

(ii)section 3A of the 1983 Act (disenfranchisement of offenders detained in mental hospitals)(10) and section 7A of the 1983 Act (residence: persons remanded in custody etc.)(11) did not apply to the applicant;

(b)where it is indicated that section 7B(2)(b) of the 1983 Act applied to the applicant on the last day on which the applicant was resident in the United Kingdom—

(i)the applicant was detained at any place pursuant to a relevant order or direction, and

(ii)the applicant was so detained otherwise than after being convicted of any offence or a finding in criminal proceedings that the applicant did the act or made the omission charged;

(c)where it is indicated that section 7B(2)(c) of the 1983 Act applied to the applicant on the last day on which the applicant was resident in the United Kingdom, the applicant was—

(i)a homeless person, and

(ii)not in legal custody.

(5) For the purposes of paragraph (4), it is to be assumed that—

(a)sections 3A and 7A of the 1983 Act were in force at any relevant time, and

(b)section 7B of the 1983 Act was in force on the last day on which the applicant was resident in the United Kingdom.

(6) In this regulation—

“homeless person” has the same meaning as in section 7B(2)(c) of the 1983 Act;

“previous registration” means the registration referred to in section 1A(2)(a) of the 1985 Act;

“a relevant order or direction” has the same meaning as in section 7A(6) of the 1983 Act.

Textual Amendments

Overseas electors: power to require attestation as to applicant’s connection to address claimed as qualifying addressN.I.

27ZF.—(1) This regulation applies where—

(a)the registration officer is permitted by regulation 27ZB(6) to proceed under this regulation,

(b)regulation 27ZD(1)(c) or 27ZE(1)(c) or (2)(b) applies, and

(c)the registration officer considers that additional evidence is necessary to be satisfied that the applicant has a previous connection to the address claimed as the qualifying address.

(2) The registration officer may require the applicant to provide an attestation which—

(a)confirms the basis on which the applicant met the qualifying address connection requirement,

(b)indicates the dates between which, to the best of the attestor’s knowledge, the applicant met the requirement, and

(c)meets the general attestation requirements in regulation 27ZH(1).

(3) The qualifying address connection requirement is—

(a)where the applicant claims that they had a service qualification, that the applicant would have been residing at the address claimed as the qualifying address but for the applicant’s service qualification;

(b)where the applicant claims that they were a merchant seaman, that the applicant—

(i)would have been residing at the address claimed as the qualifying address but for the applicant’s occupation as a merchant seaman, or

(ii)commonly stayed at the address claimed as the qualifying address, which was a hotel or club providing accommodation for merchant seamen, during the course of the applicant’s occupation as a merchant seaman;

(c)where the applicant claims that they were a patient in a mental hospital or detained, that the applicant would have been residing at the address claimed as the qualifying address if the applicant had not been a patient or detained;

(d)where the applicant claims that they were a homeless person, that the address claimed as the qualifying address was, or was nearest to, a place in the United Kingdom where the applicant commonly spent a substantial part of the applicant’s time (whether during the day or at night).

(4) An attestation provided in accordance with this regulation may be combined with an attestation provided in accordance with regulation 27ZD(2)(b) or regulation 27ZE(3)(b) where the attestor for each attestation is the same.

(5) In this regulation—

“merchant seaman” has the same meaning as in section 6 of the 1983 Act;

“service qualification” has the same meaning as in section 14(1) of the 1983 Act.

Textual Amendments

Overseas electors: power to require additional evidence as to change of nameN.I.

27ZG.—(1) This regulation applies where—

(a)a person has made an application to be registered in pursuance of an overseas elector’s declaration, and

(b)any of conditions A to D are met.

(2) Condition A is that the applicant has indicated in their declaration that their name has changed since they were last included in the register or since the last day on which they were resident in the United Kingdom.

(3) Condition B is that—

(a)the applicant has provided a document in accordance with regulation 27ZA(3) or (4), 27ZB(2), 27ZD(2)(a) or 27ZE(3)(a), and

(b)the applicant’s name in that document is different from both the applicant’s name in the applicant’s declaration and any name provided in accordance with regulation 20(2)(a)(ii)(aa) or (3)(a)(ii)(aa).

(4) Condition C is that—

(a)the applicant has provided the name of a parent or guardian in accordance with regulation 27ZA(2)(a), and

(b)the name provided is different from the name of the parent or guardian as it appears on—

(i)the register, or

(ii)a document provided in accordance with regulation 27ZA(3) or (4).

(5) Condition D is that—

(a)the applicant has provided a document in accordance with regulation 27ZD(5)(a) and a document in accordance with regulation 27ZD(5)(b), and

(b)the name of the applicant’s spouse or civil partner in each of those documents is different.

(6) The registration officer may require the applicant to provide—

(a)if Condition A is met, such evidence confirming the change of the applicant’s name as the registration officer considers appropriate, except that the registration officer must require more than an explanation as to the difference in name;

(b)if Condition B is met—

(i)an explanation as to the difference in name, or

(ii)such other evidence confirming the change of the applicant’s name as the registration officer considers appropriate, and

(c)if Condition C or D is met—

(i)an explanation as to the difference in name, or

(ii)where the applicant does not know the reason for the difference, a statement to that effect.

(7) Where the applicant provides a copy of a document in accordance with paragraph (6)(a) or (b)(ii), the registration officer may, if the registration officer considers it appropriate, require the applicant to provide the original document.

Textual Amendments

Attestations: general requirementsN.I.

27ZH.—(1) For the purposes of regulations 25A to 25C and 27ZC to 27ZF, the general attestation requirements are that the attestation must—

(a)be in writing,

(b)be made by a qualifying attestor,

(c)state the full name, date of birth, present address and occupation of the qualifying attestor,

(d)state the address in respect of which the qualifying attestor is registered as an elector,

(e)state—

(i)where the qualifying attestor is registered in pursuance of an overseas elector’s declaration, the number of the qualifying attestor’s British or Irish passport together with its date and place of issue;

(ii)otherwise—

(aa)where the qualifying attestor is registered in respect of an address in Northern Ireland and has been allocated a digital registration number in accordance with section 10B of the 1983 Act (register of electors in Northern Ireland: digital registration number)(12), that digital registration number;

(bb)in all other cases, the qualifying attestor’s electoral number,

(f)if the attestation is required in connection with an application to be registered in pursuance of an overseas elector's declaration, provide an explanation as to the qualifying attestor’s ability to provide the information required about the applicant, including (but not limited to) the qualifying attestor’s connection to the applicant and the length of time that the connection has existed,

(g)state the name under which the qualifying attestor is registered in a register of parliamentary or local electors if their name has changed since the entry on the register was made,

(h)state that the qualifying attestor is aware of the penalty for providing false information to a registration officer,

(i)include a statement which confirms that all of the information provided in the attestation is true, and

(j)be signed and dated by the qualifying attestor.

(2) In this regulation, “qualifying attestor” has the meaning given in regulation 27ZI(1).

Textual Amendments

Meaning of qualifying attestorN.I.

27ZI.—(1) A “qualifying attestor” is a person (“P”) who—

(a)is aged 18 years or over,

(b)is registered in a register of parliamentary or local government electors,

(c)is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the applicant,

(d)except where P is registered in pursuance of an overseas elector’s declaration, is a person whom the registration officer is satisfied is of good standing in the community, and

(e)meets the requirements of paragraph (2).

(2) P meets the requirements of this paragraph where—

(a)if the attestation required is an attestation in accordance with regulation 25A(3), P has not already signed attestations to which paragraph (3) applies for two applicants since the relevant date;

(b)if the attestation required is an attestation in accordance with regulation 25B(3), P has not already signed attestations in accordance with that regulation for two applicants since the relevant date;

(c)if the attestation required is an attestation in accordance with regulation 25C(5), 27ZC(2), 27ZD(2)(b), 27ZE(3)(b) or 27ZF(2), P has not already signed attestations to which paragraph (4) applies for two applicants since the relevant date.

(3) This paragraph applies to an attestation made in accordance with any of the following provisions—

(a)regulation 25A(3);

(b)regulations 26B(6) and (6ZA) and 56C(5A) and (6) of the Representation of the People (England and Wales) Regulations 2001(13);

(c)regulations 26B(6) and (6ZA) and 56C(5A) and (6) of the Representation of the People (Scotland) Regulations 2001(14);

(d)paragraph 16C(5) of Schedule 2 to the Police and Crime Commissioner Elections Order 2012(15);

(e)regulation 72B(5A) and (6) of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016(16);

(f)regulation 7(6) of the Voter Identification Regulations 2022(17).

(4) This paragraph applies to an attestation made in accordance with any of the following provisions—

(a)regulations 25C(5), 27ZC(2), 27ZD(2)(b), 27ZE(3)(b) and 27ZF(2);

(b)regulations 26E(2), 26F(2)(b), 26G(3)(b) and 26H(3) of the Representation of the People (England and Wales) Regulations 2001(18);

(c)regulations 26E(2), 26F(2)(b), 26G(3)(b) and 26H(3) of the Representation of the People (Scotland) Regulations 2001.

(5) In paragraph (2), the “relevant date” is whichever is the later of—

(a)the date on which the revised register in which the attestor’s name appears was last published under section 13(1) of the 1983 Act, and

(b)the date on which a notice specifying the attestor’s entry in the register was issued (or last issued) under section 13A(2), 13BA(3) or 13BC of that Act.]

Textual Amendments

[F38[F39Processing of information provided in connection with an application for registration]N.I.

27A.—[F40(A1) If a person provides an original document in accordance with regulation 25A(2), 25B(2), 25C(2), 27ZA(3) or (4), 27ZB(2), 27ZD(2)(a) or (5), 27ZE(3)(a) or 27ZG(7), the registration officer must make a copy of that document and return the original document to the person who provided it.]

(1) In respect of any application for registration, until the application has been determined, the registration officer—

(a)shall retain the application form or, in the case of an application submitted through the UK digital service, the information contained in the application; and

[F41(b)must retain any other information or documents provided to the registration officer in connection with the application or, in the case of original documents which are returned under paragraph (A1), a copy of such documents.]

(2) After the determination of the application, the registration officer may continue to retain any information or document mentioned in paragraph (1) until such time as the officer considers that it is not required for or in connection with the exercise of the officer’s functions.]

[F42(3) In respect of any relevant canvass form, until the end of the register alteration day, the registration officer—

(a)shall retain the canvass form or, in the case of a canvass form submitted through the UK digital service, the information contained in the form; and

(b)may retain any other documentation or information provided to the registration officer in connection with the submission of the form.

(4) After the register alteration day, the registration officer may continue to retain any information or document mentioned in paragraph (3) until such time as the officer considers that it is not required for or in connection with the exercise of the officer’s functions.

(5) In this regulation—

“relevant canvass form” means a canvass form completed in respect of any address in connection with a canvass under section 10 of the 1983 Act;

“register alteration day” means, in respect of a relevant canvass form, the day on which the Chief Electoral Officer for Northern Ireland has determined what alterations to the officer’s registers fall to be made as a result of the submission of that canvass form.]

Textual Amendments

Objections to registrationN.I.

28.—(1) Any objection to a person’s registration shall state—

(a)the name of the person against whom the objection is made;

(b)in the case of an objection made before that person is entered in the register, the address of that person as given in the application for registration;

(c)in the case of an objection made after that person is entered in the register, the electoral number and qualifying address of that person contained in the register;

(d)the grounds of the objection;

(e)the name of the objector and his address as shown in the register (if so shown) together with the address to which correspondence should be sent (if that address is different or if no address is shown in the register); and

(f)the electoral number of the objector.

(2) An objection shall be made in writing and be signed and dated by the person objecting.

(3) In this Part of these Regulations “objection” includes representations made against an application for registration under section 13A(1)(a) of the 1983 Act.

Inspection of applications and objectionsN.I.

29.—[F43(1)] [F44An entry on the list of applications for registration kept under regulation 30(2)(a) and any objection] to a person’s registration shall be made available for inspection at the registration officer’s office until the application [F45to which the entry relates] or objection has been determined by the registration officer.

F46(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

(1)

Section 1 of the 1985 Act was substituted by Schedule 2 to the 2000 Act.

(2)

Section 13C was inserted by section 4 of the 2002 Act.

(3)

The Department was so named by the Departments (Northern Ireland) Order 1999 (S.I.1999/283 (N.I.1)).

(5)

Sections 10A and 13A were substituted by Schedule 1 to the 2000 Act.

(6)

Sections 10A(1A) and 13A(2A) were inserted by section 1 of the 2002 Act.

(7)

Section 2 was substituted by paragraph 3 of Schedule 2 to the 2000 Act (c.2).

(8)

Section 4 was substituted by section 1(2) of the 2000 Act.

(9)

1983 c.2; section 58 was substituted by Schedule 4 to the Miscellaneous Provisions Act 2006 (c.33).

(10)

1983 c. 3; section 13BA was inserted by section 6 of the Miscellaneous Provisions Act 2006.

(11)

Paragraph 1(4B) of Schedule 2 to the 1983 Act was inserted by section 7 of the Miscellaneous Provisions Act.

(12)

The Representation of the People (Northern Ireland)(Amendment) Regulations 2007 (S.I.2007/1612)(“2007 Regulations”) amended the 2001 Regulations to make provision to enable the Chief Electoral Officer for Northern Ireland to request information from specified public authorities. The 2007 Regulations provided that these new powers did not require an authority to provide information which came into their possession before those Regulations came into force on 6th June 2007. These Regulations, which repeal and replace the 2007 Regulations maintain this position.

(14)

1983 c.2; sections 13, 13A and 13B were substituted by Schedule 1 to the 2000 Act.

(15)

1983 c.2; section 9 was substituted by Schedule 1 to the 2000 Act. Section 9 has also been amended by sections 9, 10 and Part 1 of Schedule 1 to the 2006 Act. However, these amendments do not extend to Northern Ireland.

(16)

1985 c.50; section 2 was substituted by Schedule 2 to the 2000 Act (c.2).

(17)

Section 7B was inserted by section 6 of the 2000 Act.

(18)

Section 13 was substituted by Schedule 1 to the 2000 Act (c.2) and subsection (1) was substituted by section 5 of the Miscellaneous Provisions Act (c.33).

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