The Representation of the People (Northern Ireland) Regulations 2008

PART 6 SUPPLY OF REGISTERS ETC.

Interpretation and edited register

Interpretation of Part 6

92.—(1) In this Part “register” includes—

(a) any part of it; and

(b) except in regulation 93 and in the context of the supply by the registration officer of the register and notices, any notice altering the register which is published under section 13A(2) or 13BA(3),(6) or (9) of the 1983 Act(1).

(2) In this Part—

“enactment” has the same meaning as in section 17(2) of the 2000 Act; and

“processor” has the meaning set out in regulation 113(1).

(3) In this Part, any reference to an employee of a person who has access to a copy of the full register includes—

(a) any person working or providing services for the person who has such access; and

(b) any person employed by or on behalf of, or working for, the person referred to in sub-paragraph (a).

(4) Any restriction on the use of a copy of the full register or information contained in it which is imposed by any regulation in this Part shall apply to a person to whom a copy of the full register has been supplied or information contained in it has been disclosed under the equivalent regulation in the Representation of the People (England and Wales) Regulations 2001(2), as amended, or the Representation of the People (Scotland) Regulations 2001(3), as amended.

(5) Subject to any direction of the Secretary of State under section 52(1) of the 1983 Act(4), any duty on the registration officer to supply data under this Part imposes only a duty to supply data in the form in which he holds it.

(6) The registration officer shall not supply data which includes information not included in the printed version of the full register otherwise than under a provision in an enactment.

Edited version of register

93.—(1) At the time when the registration officer publishes a version of the register under section 13(1) or (3) of the 1983 Act (5) (“the full register”), he shall publish a version of the register under this regulation (“the edited register”).

(2) The edited register shall omit the names and addresses of any elector included in the full register if a request has been duly made in the form referred to in section 10(4) of the 1983 Act(6) or in accordance with regulation 27 by or on behalf of that elector for his name and address to be excluded from the edited register.

(3) In other respects the edited register shall be the same as the full register and shall include any marks or dates which are required to be recorded against the names of any electors.

(4) Notwithstanding the omission of names and addresses in accordance with paragraph (2), regulation 50 shall apply to the edited register as it applies to the full register.

(5) Unless the contrary intention appears, any reference in these Regulations to the register is to the full register.

(6) The manner in which each revised version of the edited register is to be published under this regulation is—

(a) by the registration officer making a copy of it available for inspection at his office; and

(b) by such other means (if any) as he thinks appropriate.

(7) Each revised version of the edited register shall be published until the coming into force of the next revised version of it.

General restrictions

Restrictions on supply of full register and disclosure of information from it by the Chief Electoral Officer and his staff

94.—(1) This regulation applies to—

(a) the Chief Electoral Officer;

(b) any temporary deputy of his; and

(c) any person appointed to assist any such officer or who in the course of his employment is assigned to assist any such officer in his duties.

(2) Where the Chief Electoral Officer is also the counting officer at a referendum held by or under an Act of Parliament (and so has access to the full register without being supplied with a copy of it), this regulation also applies to—

(a) the Chief Electoral Officer in that capacity;

(b) any deputy counting officer;

(c) any person appointed to assist any such officer or who in the course of his employment is assigned to assist any such officer in his duties in respect of the referendum in question.

(3) No person to whom this regulation applies may—

(a) supply to any person a copy of the full register;

(b) disclose information contained in it (and not contained in the edited register); or

(c) make use of such information,

otherwise than in accordance with any enactment including these Regulations.

(4) Nothing in paragraph (3) applies to the supply or disclosure by a person to whom this regulation applies to another such person in connection with his registration duties or the purposes of an election or referendum.

Restriction on use of the full register or information contained in it supplied in accordance with any enactment or otherwise obtained

95.—(1) This regulation applies to—

(a) any person to whom a copy of the full register has been supplied in pursuance of a relevant provision;

(b) any person to whom information contained in the full register has been disclosed in pursuance of a relevant provision;

(c) any person to whom a person referred to in sub-paragraph (a) or (b) has supplied a copy of the full register or information contained in it for the purposes (express or implied) of a relevant provision; and

(d) any person who has obtained access to a copy of the full register or information contained in it by any other means.

(2) In this regulation “relevant provision” means any enactment except these Regulations which sets out the purpose for which a copy of the full register is to be supplied or information from that register disclosed under the enactment.

(3) No person to whom this regulation applies (except by virtue of paragraph (1)(d)) may—

(a) supply a copy of the full register;

(b) disclose any information contained in it (and not contained in the edited register); or

(c) make use of such information,

other than for the purpose (express or implied) for which the copy was supplied or the information disclosed to the person in question under the relevant provision.

(4) No person to whom this regulation applies by virtue of paragraph (1)(d) may—

(a) supply a copy of the full register;

(b) disclose any information contained in it (and not contained in the edited register); or

(c) make use of such information,

other than for any purpose for which a copy could be supplied or information could be disclosed to the person in question under any enactment (including these Regulations).

Supply on publication and specific restrictions

Supply of free copy of full register to the British Library

96.  The registration officer shall supply, free of charge on publication, one printed copy of—

(a) any revised version of the register published under section 13(1) or (3) of the 1983 Act; and

(b) any list of overseas electors,

to the British Library.

Supply of free copy of full register to deputy returning officer at local elections and restrictions on use

97.—(1) Not later than five days before the last date for the publication of the notice of election at a local election, the registration officer shall supply free of charge to the deputy returning officer (within the meaning of article 9(2) of the Electoral Law (Northern Ireland) Order 1972(7)) at that election as many printed copies of—

(a) the latest revised version of the register published under section 13(1) or (3) of the 1983 Act, as the case may be; and

(b) any notice setting out an alteration to that version of the register published under section 13A(2) or 13BA(3),(6) or (9) of that Act,

as the deputy returning officer may reasonably require for the purposes of the election, together with one copy in data form.

(2) No person to whom a copy of the register has been supplied under this regulation may—

(a) supply a copy of the full register;

(b) disclose any information contained in it (and not contained in the edited register); or

(c) make use of any such information,

other than for the purposes of the election.

(3) The restrictions in paragraph (2) apply to a person to whom a copy of the full register has been supplied in accordance with this regulation or to whom such information has been so disclosed as it applies to the person to whom a copy of the register has been so supplied.

Supply of free copy of full register etc to the Northern Ireland Statistics and Research Agency and restrictions on use

98.—(1) The registration officer shall supply, free of charge on publication, one copy of—

(a) any revised version of the register published under section 13(1) or (3) of the 1983 Act;

(b) any notice setting out an alteration to the register published under section 13A(2) or 13BA(3),(6) or (9) of that Act; and

(c) any list of overseas electors,

to the Northern Ireland Statistics and Research Agency (in this regulation referred to as “the Agency”).

(2) In paragraph (1) the duty to supply is a duty to supply in data form unless, prior to publication, the Agency has requested in writing a printed copy instead.

(3) No person employed by the Agency may—

(a) supply a copy of the full register other than to another such person;

(b) disclose any information contained in it (and not contained in the edited register) otherwise than in accordance with paragraph (4); or

(c) process or make use of any such information other than for statistical purposes.

(4) Such information may not be disclosed otherwise than—

(a) by allowing a person using the premises of the Agency to inspect it under supervision; and

(b) by publishing information about electors which does not include the name or address of any elector.

(5) A person who inspects the full register may not—

(a) make copies of any part of it; or

(b) record any particulars included in it,

otherwise than by means of hand-written notes.

Supply of free copy of full register etc to Electoral Commission

99.—(1) The registration officer shall supply, free of charge and on publication, one copy of—

(a) any revised version of the register published under section 13(1) or (3) of the 1983 Act;

(b) any notice setting out an alteration to the register published under section 13A(2) or 13BA(3),(6) or (9) of that Act; and

(c) any list of overseas electors,

to the Electoral Commission (in this regulation referred to as “the Commission”).

(2) In paragraph (1) the duty to supply is a duty to supply in data form unless, prior to publication, the Commission has requested in writing a printed copy instead.

(3) Neither an Electoral Commissioner nor any employee of the Commission may—

(a) supply a copy of the full register otherwise than to an Electoral Commissioner or such an employee;

(b) disclose any information contained in it (and not contained in the edited register) otherwise than in accordance with paragraph (4); or

(c) make use of any such information otherwise than in connection with the Commission’s functions under, or by virtue of, the Political Parties, Elections and Referendums Act 2000(8).

(4) Neither the full register nor any such information may be disclosed otherwise than—

(a) where necessary to discharge the Commission’s functions in relation to Part 4 and Part 4A(9) of the Political Parties, Elections and Referendums Act 2000; or

(b) by publishing information about electors which does not include the name or address of any elector.

(5) In this regulation “Electoral Commissioner” includes a Deputy Electoral Commissioner and an Assistant Electoral Commissioner.

Supply of free copy of full register etc to Local Government Boundary Commissioner, the Boundary Commission and the District Electoral Areas Commissioner and restrictions on use

100.—(1) The registration officer shall supply, free of charge and on publication, one copy of each of the documents listed in paragraph (4) to the Boundary Commission for Northern Ireland.

(2) On the appointment of a Local Government Boundary Commissioner under section 50(1) or (4) of the Local Government Act (Northern Ireland) 1972(10), the registration officer shall supply to him free of charge one copy of each of the documents listed in paragraph (4).

(3) On the appointment of the District Electoral Areas Commissioner under article 2 or 3 of the District Electoral Areas Commissioner (Northern Ireland) Order 1984(11) the registration officer shall supply to him, free of charge one copy of each of the documents listed in paragraph (4).

(4) Those documents are—

(a) any revised version of the register published under section 13(1) or (3) of the 1983 Act;

(b) any notice setting out an alteration to the register published under section 13A(2) or 13BA(3),(6) or (9) of that Act; and

(c) any list of overseas electors.

(5) In paragraphs (1) to (3) the duty to supply is a duty to supply in data form unless—

(a) in the case of paragraph (1), prior to publication the Commission have, or

(b) in the case of paragraphs (2) and (3), prior to supply the Commissioner has,

requested in writing a printed copy instead.

(6) In paragraph (7) “a relevant person” means—

(a) a member of the Commission referred to in paragraph (1) or—

(i) a person employed by that Commission; or

(ii) a person appointed to assist that Commission to carry out their functions;

(b) the Commissioner referred to in paragraphs (2) or (3) or any person appointed to assist him.

(7) A relevant person may not—

(a) supply a copy of the full version of the register otherwise than to another relevant person;

(b) disclose any information contained in it (and not contained in the edited register) otherwise than by publishing information about electors which does not include the name and address of any elector;

(c) process or make use of any such information other than in connection with the statutory functions in question.

Supply on request and specific restrictions

Supply of full register etc under regulations 102 to 107: general provisions

101.—(1) The persons or organisations falling within regulations 102 to 107 may request the registration officer to supply free of charge the relevant part (within the meaning of those regulations) of any of the following—

(a) a revised version of the register published under section 13(1) or (3) of the 1983 Act;

(b) any notice setting out an alteration to the register published under section 13A(2) or 13BA(3),(6) or (9) of that Act;

(c) a list of overseas electors.

(2) Such a request shall be made in writing and shall—

(a) specify the documents requested;

(b) subject to paragraph (5), state whether the request is made only in respect of the current documents or whether it includes a request for the supply of any subsequent document on publication for as long as the person making the request falls within the category of person entitled to receive such copies; and

(c) state whether a printed copy of any of the documents is requested instead of the version in data form.

(3) Unless a request has been made in advance of supply under paragraph (2)(c), the copy of a document supplied under this regulation shall be in data form.

(4) The registration officer shall supply the relevant part of the documents referred to in paragraph (1) in accordance with a request that has been duly made.

(5) A person falling within regulation 106 may not make the request set out in paragraph (2)(b).

(6) A person who obtains a copy of any document under paragraph (4) may use it for any purpose for which that person would be entitled to obtain the document under this Part and any restrictions which apply under whichever of regulations 102 to 107 entitles that person to obtain the document for that purpose shall apply to such use.

Supply of full register etc to elected representatives and restrictions on use

102.—(1) This regulation applies to—

(a) the Member of Parliament for any constituency in Northern Ireland;

(b) each Member of the European Parliament for the electoral region of Northern Ireland;

(c) each Member of the Northern Ireland Assembly; and

(d) each councillor for a district electoral area in Northern Ireland.

(2) For the purposes of regulation 101(1) the relevant part of the documents listed in that provision—

(a) in the case of a Member of Parliament or of the Northern Ireland Assembly, is so much of them as relate to the constituency which he represents;

(b) in the case of a Member of the European Parliament, is the whole of them; and

(c) in the case of a councillor for a district electoral area, is so much of them as relate to that area.

(3) No person to whom this regulation applies who has been supplied with a copy of the register may—

(a) supply a copy of the full register to any person;

(b) disclose any information contained in it (and not contained in the edited register); or

(c) make use of any such information,

otherwise than for purposes in connection with the office by virtue of which he is entitled to the full register or for electoral purposes.

(4) The restrictions in paragraph (3) apply to a person to whom any of the full register has been supplied or information disclosed under that paragraph as they apply to the person to whom this regulation applies.

Supply of full register etc to holders of relevant elective offices and candidates

103.—(1) This regulation applies to—

(a) the holder of a relevant elective office within the meaning of paragraph 1(8) of Schedule 7 to the Political Parties, Elections and Referendums Act 2000;

(b) a candidate at a parliamentary election or an election to the Northern Ireland Assembly.

(2) For the purposes of regulation 101(1), the relevant part of the documents listed in that provision is the whole of them.

(3) No person to whom this regulation applies who has been supplied with a copy of the register may—

(a) supply a copy of the full register to any person;

(b) disclose any information contained in it (and not contained in the edited register); or

(c) make use of any such information,

otherwise than for the purpose set out in paragraph (4).

(4) That purpose—

(a) in the case of a person falling within paragraph (1)(a), is complying with—

(i) the controls on donations contained in Schedule 7 to the Political Parties, Elections and Referendums Act 2000;

(ii) the controls on loans and regulated transactions in Schedule 7A to the Political Parties, Elections and Referendums Act 2000(12);

(b) in the case of a person falling within paragraph (1)(b), is complying with the controls on donations included in Schedule 2A to the 1983 Act(13), including that Schedule as applied for the purposes of elections to the Northern Ireland Assembly(14).

Supply of full register etc to local constituency parties and restrictions on use

104.—(1) This regulation applies to any person nominated to act for the purposes of this regulation for a particular constituency in Northern Ireland by the regional nominating officer (within the meaning of section 24 of the Political Parties, Elections and Referendums Act 2000) of a registered political party.

(2) Not more than one person for the same constituency may be nominated under paragraph (1) in respect of the same registered political party and constituency.

(3) In the case of a person to whom this regulation applies, the relevant part of the documents listed in regulation 101(1) is so much of them as relate to the constituency in question.

(4) No person to whom this regulation applies who has been supplied with a copy of the register may—

(a) supply a copy of the full register to any person;

(b) disclose any information contained in it (and not contained in the edited register); or

(c) make use of any such information,

otherwise than for electoral purposes or the purposes of electoral registration.

(5) The restrictions in paragraph (4) apply to a person to whom any of the full register has been supplied or information disclosed under that paragraph as they apply to the person to whom this regulation applies.

Supply of full register etc to registered political parties etc and restrictions on use

105.—(1) This regulation applies to—

(a) a registered political party other than a minor party, within the meaning of section 160(1) of the Political Parties, Elections and Referendums Act 2000;

(b) a recognised third party within the meaning of section 85(5) of that Act, other than a registered political party; and

(c) a permitted participant within the meaning of section 105(1) of that Act, other than a registered political party.

(2) In the case of the parties and participants to whom this regulation applies, the relevant part of the documents listed in regulation 101(1) is the whole of them.

(3) No person employed by, or assisting (whether or not for reward) a party or participant to which this regulation applies and to which a copy of the register has been supplied may—

(a) supply a copy of the full register to any person;

(b) disclose any information contained in it (and not contained in the edited register); or

(c) make use of any such information,

otherwise than for the purposes set out in paragraph (4).

(4) Those purposes are—

(a) in the case of a party falling within paragraph (1)(a) or (b)—

(i) electoral purposes; and

(ii) the purpose of complying with the controls on donations under Part 4 of or, as the case may be, Schedule 11 to, the Political Parties, Elections and Referendums Act 2000; and

(iii) the purpose of complying with the controls on loans and regulated transactions under Part 4A of the Political Parties, Elections and Referendums Act 2000; and

(b) in the case of a permitted participant within the meaning of section 105(1) of that Act—

(i) purposes in connection with the campaign in respect of the referendum identified in the declaration made by the participant under section 106 of that Act; and

(ii) the purposes of complying with the controls on donations in Schedule 15 to that Act.

(5) The restrictions in paragraph (3) apply to a person to whom any of the full register has been supplied or information disclosed under that paragraph as they apply to persons referred to in that paragraph.

Supply of full register etc to certain candidates and restriction on use

106.—(1) This regulation applies to a candidate at—

(a) a parliamentary or European Parliamentary election in Northern Ireland;

(b) an election to the Northern Ireland Assembly; and

(c) a local election in Northern Ireland.

(2) For the purposes of regulation 101(1), the relevant part of the documents listed in that provision is so much of them as relate to the area for which the candidate is standing.

(3) No candidate to whom a copy of the register has been supplied by virtue of this regulation may—

(a) supply a copy of the full register to any person;

(b) disclose any information contained in it (and not contained in the edited register); or

(c) make use of any such information;

other than for electoral purposes.

(4) The restrictions in paragraph (3) apply to a person to whom any of the full register has been supplied or information disclosed under that paragraph as they apply to persons referred to in that paragraph.

Supply of full register etc to police forces and restrictions on use

107.—(1) This regulation applies to—

(a) a police force in Great Britain;

(b) the Police Service of Northern Ireland and the Police Service of Northern Ireland (Reserve);

(c) the Serious Organised Crime Agency;

(d) the Police Information Technology Organisation; and

(e) any body of constables established under an Act of Parliament

(2) For the purpose of regulation 101(1), the relevant part of the documents listed in that provision is the whole of them.

(3) No person serving whether as a constable, officer or employee in any of the forces and organisations to which this regulation applies may—

(a) supply a copy of the full register to any person;

(b) disclose any information contained in it (and not contained in the edited register); or

(c) make use of any such information,

otherwise than for the purpose of the prevention and detection of crime and the enforcement of the criminal law (whether in Northern Ireland or elsewhere).

(4) The restrictions in paragraph (3) apply to a person to whom any of the full register has been supplied or information disclosed under that paragraph as they apply to persons referred to in that paragraph.

Sale of edited and full register and specific restrictions

Sale of edited register

108.—(1) The registration officer shall supply a copy of the edited register to any person on payment of a fee calculated in accordance with paragraph (2).

(2) In the case of the register—

(a) in data form, the fee shall be at the rate of £20 plus £1.50 for each 1,000 entries (or remaining part of 1,000 entries) in it; and

(b) in printed form, the fee shall be at the rate of £10 plus £5 for each 1,000 entries (or remaining part of 1,000 entries) in it.

Sale of full register etc: restrictions on supply, charges, etc

109.—(1) The registration officer may not sell a copy of—

(a) the full register,

(b) any notice under section 13A(2) or 13BA(3),(6) or (9) of the 1983 Act altering the register (“a relevant notice”), or

(c) the list of overseas electors,

except to a person who is entitled under regulation 111 or 112 to purchase them.

(2) The fee for such sale is to be calculated in accordance with paragraphs (3) to (6).

(3) Where a person purchases the full register together with any relevant notices which are published at that time altering the register, the register and the notices shall be treated as the same document for the purposes of the calculations set out in paragraph (5); and any entry in the register which is deleted by a notice shall accordingly be ignored for the purposes of the calculation.

(4) Where a person purchases a relevant notice separately from the full register, the calculations set out in paragraph (5) shall be applied to that notice.

(5) Subject to paragraph (3), in the case of the register or a relevant notice—

(a) in data form, the fee shall be at the rate of £20 plus £1.50 for each 1,000 entries (or remaining part of 1,000 entries) in it; and

(b) in printed form, the fee shall be at the rate of £10 plus £5 for each 1,000 entries (or remaining part of 1,000 entries) in it.

(6) In the case of the list of overseas electors—

(a) in data form, the fee shall be at the rate of £20 plus £1.50 for each 100 entries (or remaining part of 100 entries) in it; and

(b) in printed form, the fee shall be at the rate of £10 plus £5 for each 100 entries (or remaining part of 100 entries) in it.

(7) In any copy of the full register which is sold in accordance with regulation 111 or 112, the letter “Z” shall be placed against the name of any person whose name is not included in the edited version of the register.

Sale of full register etc: general provisions

110.—(1) This regulation applies in respect of the supply on payment of a fee of copies of relevant documents in accordance with regulation 111 or 112.

(2) The registration officer shall not supply a printed copy of the full register under those regulations if to do so would result in his having insufficient copies of it for the purposes of any requirement made by or under any enactment.

(3) In those regulations “the relevant restrictions” means the restrictions set out in paragraphs (4) and (5).

(4) No person in a body to which a copy of the register has been supplied under regulations 111 or 112 may—

(a) supply a copy of the full register to any person;

(b) disclose any information contained in it (and not contained in the edited register); or

(c) make use of any such information,

other than for the purpose set out in the regulation by virtue of which the full register has been supplied.

(5) The restrictions in paragraph (4) apply to a person to whom a copy of the full register has been supplied in accordance with regulation 111 or 112 or to whom such information has been so disclosed as it applies to a person in the body to which the copy of the full register was supplied under the regulation in question.

(6) In this regulation and regulations 111 and 112, “a relevant document” means—

(a) the full register published under section 13(1) or (3) of the 1983 Act;

(b) any notice published under section 13A(2), 13BA(3),(6) or (9) of that Act amending it; and

(c) the list of overseas electors.

(7) A request to purchase a relevant document must be made in writing and must—

(a) specify the documents requested;

(b) state whether the request is made only in respect of the current documents or whether it includes a request for the supply of any subsequent documents on publication for as long as the person making the request pays for them; and

(c) state whether a printed copy of any document is required instead of the version in data form.

Sale of full register etc to government departments

111.—(1) Subject to regulation 110(2), the registration officer shall supply on request and on payment of a fee calculated in accordance with regulation 109 a copy of a relevant document to a government department.

(2) Where a relevant document is supplied under paragraph (1), the relevant restrictions apply except for the purpose of—

(a) the prevention and detection of crime and the enforcement of the criminal law (whether in Northern Ireland or elsewhere);

(b) the vetting of employees and applicants for employment; and

(c) supply and disclosure in accordance with paragraph (3).

(3) A government department may supply (whether or not on payment) a copy of the full register to a person (“an authorised person”) so that he may disclose information contained in it in accordance with paragraph (5).

(4) In this regulation any reference to an authorised person includes a reference to his employees.

(5) Information contained in the full register (and not contained in the edited register) may not be disclosed by an authorised person except to any person falling within regulations 102 to 106 for use for the purpose for which the person in question could obtain the full register under the regulation concerned.

(6) The restrictions in regulations 102 to 106 apply to a person to whom such information is disclosed under paragraph (5) as they apply to a person to whom any of those regulations applies.

Sale of full register etc to credit reference agencies

112.—(1) Subject to regulation 110(2), the registration officer shall supply on request and on payment of a fee calculated in accordance with regulation 109 a copy of a relevant document to a credit reference agency registered under Part III of the Consumer Credit Act 1974(15) and which is carrying on the business of providing credit reference services.

(2) Where a relevant document is supplied under paragraph (1), the relevant restrictions apply except for the purposes set out in paragraph (3).

(3) Those purposes are:

(a) vetting applications for credit or applications that can result in the giving of credit;

(b) meeting any obligation contained in—

(i) the Money Laundering Regulations 2003(16);

(ii) any regulations amending or replacing those Regulations; or

(iii) any rules made under section 146 (money laundering rules) of the Financial Services and Markets Act 2000(17); and

(c) statistical analysis of credit risk assessment in a case where no person included in the register is referred to by name or necessary implication.

(4) In this regulation—

“application for credit” includes an application to refinance or reschedule an existing credit agreement;

“credit” includes a cash loan and any other form of financial accommodation; and

“credit reference services” means the furnishing of persons with information relevant to the financial standing of individuals, which is information collected by the person furnishing it for the purpose of so furnishing it.

Supply to processor and offences

Supply of register to processor

113.—(1) In this Part, “processor” means a person who provides a service which consists of putting information into the form of data or processing information in such a form and any reference to a processor includes a reference to his employees.

(2) Any person who has obtained a copy of the full register under any of regulations 99, 100, 102, 104, 105, 107, 111 and 112 may supply a copy of the full register to a processor.

(3) A processor must not supply a copy of the full register or disclose information contained in it (and not contained in the edited register) except to—

(a) the person who supplied the register to him, or

(b) any person who is entitled to obtain a copy of the full register under this Part or the employee of such a person.

Offences in respect of contravention of Part 6

114.—(1) A person is guilty of an offence—

(a) if he contravenes any of the provisions specified in paragraph (2), or

(b) if he is an appropriate supervisor of a person (P) who fails to comply with any of those provisions and he failed to take appropriate steps.

(2) Those provisions are regulations 94(3), 95(3) and (4), 97(2) and (3),98(3) and (5), 99(3)and (4), 100(7), 102(3) and (4), 103(3), 104(4) and (5), 105(3) and (5), 106(3) and (4), 107(3) and (4), 110(4) and (5), 111(5) and (6) and 113(3).

(3) P is not guilty of an offence under paragraph (1) if—

(a) he has an appropriate supervisor, and

(b) he has complied with all the requirements imposed on him by his appropriate supervisor.

(4) A person who is not P or an appropriate supervisor is not guilty of an offence under paragraph (1) if he takes all reasonable steps to ensure that he complies with the provisions specified in paragraph (2).

(5) In paragraphs (1)(b) and (3)—

(a) an appropriate supervisor is a person who is a director of a company or concerned in the management of an organisation in which P is employed or under whose direction or control P is;

(b) appropriate steps are such steps as it was reasonable for the appropriate supervisor to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of a failure to comply with the provisions in paragraph (2).

(6) A person guilty of an offence as mentioned in paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(1)

1983 c.2; sections 13A and 13B were substituted by Schedule 1 to the 2000 Act and section 13BA was inserted by section 6 of the Miscellaneous Provisions Act (c.33).

(2)

S.I. 2001/341; amended by S.I.2001/1700, S.I.2002/1871, S.I. 2006/752 and S.I.2006/2910.

(3)

S.I. 2001/497; amended by S.I.2001/1749, S.I.2002/1872, S.I.2003/3075, S.I.2004/1771, S.I.2004/1960, S.I.2006/834, S.I.2006/1836, S.I.2006/3406 and S.I.2007/925.

(4)

The exercise of the powers in section 52(1) is made subject to section 8(1) of the Political Parties, Elections and Referendums Act 2000 (c. 41) and section 52(1A), as inserted by Schedule 21 to that Act, is relevant to those powers. Section 52 was amended by Schedule 4 to the 1985 Act (c.50).

(5)

1983 c2; section 13 was substituted by Schedule 1 to the 2000 Act (c2.) and subsection (1) was substituted by section 5 of the Miscellaneous Provisions Act (c33).

(6)

Section 10(4) has been amended by Schedule 4 to the Miscellaneous Provisions Act.

(7)

S.I. 1972/1264 (N.I. 13).

(8)

2000 c.41.

(9)

Part 4 was amended by Part 3 of the Miscellaneous Provisions Act for Northern Ireland and was modified in its application to Northern Ireland by the Political Parties, Elections and Referendums Act 2000 (Northern Ireland Political Parties) Order 2007 (S.I.2007/ 2501) and Part 4A was inserted by section 61 of the 2002 Act.

(10)

1972 c. 9 (N.I.); section 50 was substituted by the Local Government (Boundaries)(Northern Ireland) Order 2006 (S.I.2006/1253)(N.I.8).

(11)

S.I.1984/360; articles 2 and 3 of the 1984 Order were substituted by articles 3 and 4 of the District Electoral Areas Commissioner (Northern Ireland) Order 2007 (S.I.2007/612)(N.I.4) respectively.

(12)

Schedule 7A was inserted by section 61 of, and Part 6 of Schedule 1 to, the 2006 Act.

(13)

Schedule 2A was inserted by Schedule 16 to the Political Parties, Elections and Referendums Act 2000 (c.41).

(14)

That Schedule was so applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order (S.I. 2001/2599).

(15)

1974 c. 39.

(16)

S.I. 2003/3075.

(17)

2000 c. 8.