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Statutory Instruments

2015 No. 221

Representation Of The People, Northern Ireland

The Parliamentary Elections (Forms) (Northern Ireland) Regulations 2015

Made

11th February 2015

Coming into force in accordance with regulation 1(2)

In accordance with section 201(2) of the Representation of the People Act 1983(1), a draft of these Regulations has been laid before and approved by a resolution of each House of Parliament.

In accordance with section 7(1) and (2)(e) of the Political Parties, Elections and Referendums Act 2000(2), the Secretary of State has consulted with the Electoral Commission prior to these Regulations being made.

Accordingly, the Secretary of State makes the following Regulations in exercise of the powers conferred by sections 53(1)(c), 201(1) and (3) and 202(1) of, and rules 24(1)(c) and (3), 28(3) and (3A), and 32(3) of Schedule 1 to, the Representation of the People Act 1983(3) and section 15(5) of the Representation of the People Act 1985(4).

Citation, commencement, extent and interpretation

1.—(1) These Regulations may be cited as the Parliamentary Elections (Forms) (Northern Ireland) Regulations 2015.

(2) These Regulations come into force on the day after the day on which they are made.

(3) These Regulations extend to Northern Ireland only.

(4) In these Regulations, “the 2008 Regulations” means the Representation of the People (Northern Ireland) Regulations 2008(5).

Amendments relating to the declaration of identity

2.—(1) In regulation 71(b) of the 2008 Regulations, for the words “a local” substitute “another”.

(2) In regulation 87 of the 2008 Regulations (procedure in relation to declarations of identity)—

(a)in paragraph (1)(a), omit the words “and given his name and address”; and

(b)after paragraph (1) insert—

(1A) A person must not sign the declaration as a witness under paragraph (1)(a) unless he is—

(a)aged 18 years or over; and

(b)satisfied to the best of his knowledge and belief as to the identity of the voter..

Amendment of Schedule 3 to the 2008 Regulations (Forms)

3.—(1) Schedule 3 to the 2008 Regulations (Forms) is amended as follows.

(2) Replace Form A (elector’s official poll card) with the form in Schedule 1 to these Regulations.

(3) Replace Form A1 (elector’s official postal poll card)(6) with the form in Schedule 2 to these Regulations.

(4) Replace Form B (proxy’s official poll card) with the form in Schedule 3 to these Regulations.

(5) Replace Form B1 (proxy’s official postal poll card)(7) with the form in Schedule 4 to these Regulations.

(6) Replace Form E (proxy paper)(8) with the form in Schedule 5 to these Regulations.

(7) Replace Form F (certificate of employment) with the form in Schedule 6 to these Regulations.

(8) Replace Form L (declaration of identity)(9) with the form in Schedule 7 to these Regulations.

(9) Replace Form M (declaration of identity (combined polls))(10) with the form in Schedule 8 to these Regulations.

Andrew Murrison

Parliamentary Under Secretary of State

Northern Ireland Office

11th February 2015

Regulation 3(2)

SCHEDULE 1Form A

Regulation 3(3)

SCHEDULE 2Form A1

Regulation 3(4)

SCHEDULE 3Form B

Regulation 3(5)

SCHEDULE 4Form B1

Regulation 3(6)

SCHEDULE 5Form E

Regulation 3(7)

SCHEDULE 6Form F

Regulation 3(8)

SCHEDULE 7Form L

Regulation 3(9)

SCHEDULE 8Form M

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the forms used at parliamentary elections held in Northern Ireland for poll cards, postal poll cards, proxy poll cards, proxy postal poll cards, declarations of identity, proxy papers and certificates of employment. These Regulations also remove the requirement for a witness to a declaration of identity to provide a name and address and define who may act as a witness.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

1983, c. 2; section 201(2) was substituted by section 24 of, and paragraph 69 of Schedule 4 to, the Representation of the People Act 1985 (c. 50), and amended by S.I. 1991/1728; section 158 of, and paragraph 6 of Schedule 21 to, the Political Parties, Elections and Referendums Act 2000 (c. 41); and section 13(2) of the Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13).

(2)

2000 c. 41; amendments have been made to section 7 but they are not relevant to these Regulations.

(3)

See the definition of “prescribed” in section 202(1). Rule 24 was substituted by section 37 of the Electoral Administration Act 2006 (c. 22). Section 201(1) was amended by S.I. 1991/1728. Section 201(3) was added by paragraph 21 of Schedule 1 to the Representation of the People Act 2000 (c. 2) and amended by paragraph 6 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c. 41). Rule 28(3) was amended by paragraph 70 of Schedule 1 to the Electoral Administration Act 2006 (c. 22); rule 28(3A) was inserted by paragraph 14 of Schedule 1 to that Act and extended to Northern Ireland by S.I. 2014/1116.

(4)

1985 c. 50; section 15 has effect as if it were contained in Part 1 of the Representation of the People Act 1983 (c. 2) (see section 27(2) of the Representation of the People Act 1985 (c. 50)).

(5)

S.I. 2008/1741; relevant amendments are referenced in these Regulations.

(6)

Form A1 was inserted by S.I. 2014/1808.

(7)

Form B1 was inserted by S.I. 2014/1808.

(8)

Form E was amended by S.I. 2014/1808.

(9)

Form L was amended by S.I. 2014/1808.

(10)

Form M was amended by S.I. 2014/1808.