The Representation of the People (Northern Ireland) Regulations 2008

Changes over time for: Section 27

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Changes and effects yet to be applied to Regulation 27:

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

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

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

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

Applications for registrationN.I.

This section has no associated Explanatory Memorandum

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(1)(“an application for registration”) shall, in addition to the requirements of section 10A(1A) and 13A(2A) of that Act(2), state—

(a)the applicant’s full name;

(b)[F1except 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;

[F2(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;

[F3(caa)in the case of [F4a relevant EU applicant], an indication as to whether the applicant meets the requirements set out in section 203B(1) of the 1983 Act;]

(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;]

F5(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; F6...

(f)in the case of an applicant [F7whose 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 [F8, and

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

[F9(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.]

[F10(1AA) In paragraph (1)(caa), “relevant EU applicant” means an applicant—

(a)who is a citizen of a member State, and

(b)who is not, or is not also—

(i)a citizen of a member State listed in Schedule 6A to the 1983 Act,

(ii)a qualifying Commonwealth citizen, or

(iii)a citizen of the Republic of Ireland.]

[F11(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.

[F12(3) An application for registration [F13which 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)[F14the applicant believes the matters stated in the application and any accompanying declaration to be true.]

[F15(3ZA) Where the registration officer provides the form on which an application for registration is made, the form must include—

(a)the following statements—

(i)that persons without lawful immigration status are ineligible to register to vote;

(ii)that the registration officer may request checks in relation to an applicant’s immigration status against Home Office records, and that, for persons applying to register as EU citizens with retained rights only, this may include checks in relation to historical immigration status;

(b)a statement that a person is ineligible to vote unless the person is—

(i)a qualifying Commonwealth citizen,

(ii)a citizen of the Republic of Ireland,

(iii)a qualifying EU citizen, or

(iv)an EU citizen with retained rights;

(c)a statement that the registration officer may require the applicant to provide additional information in relation to nationality, may carry out checks against Government records, and that, for persons applying to register as EU citizens with retained rights only, this may include checks in relation to historical nationality.]

[F16(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 F17... and dated F18....

[F19(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.]

F20(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.

[F21(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 [F22in 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.

[F23(10) Paragraphs [F24(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

F1Words in reg. 27(1)(b) inserted (31.5.2018) by The Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2018 (S.I. 2018/699), regs. 1(2), 15(3)(a)

F2Reg. 27(1)(c)-(cb) substituted for reg. 27(1)(c) (31.5.2018) by The Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2018 (S.I. 2018/699), regs. 1(2), 15(3)(b)

F3Reg. 27(1)(caa) inserted (7.5.2024) by The Representation of the People (Franchise Amendment and Eligibility Review) (Northern Ireland) Regulations 2023 (S.I. 2023/1176), regs. 1(2), 18(2) (with reg. 1(4))

F4Words in reg. 27(1)(caa) substituted (21.5.2024) by The Representation of the People (England and Wales and Northern Ireland) (Amendment) Regulations 2024 (S.I. 2024/665), regs. 1(1), 3(4)(a) (with reg. 1(5))

F5Reg. 27(1)(d) omitted (31.5.2018) by virtue of The Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2018 (S.I. 2018/699), regs. 1(2), 15(3)(c)

F6Word in reg. 27(1)(e) omitted (15.9.2014) by virtue of The Representation of the People (Northern Ireland) (Amendment) Regulations 2014 (S.I. 2014/1808), regs. 1(1), 5(2)(a)

F7Words in reg. 27(1)(f) inserted (15.9.2014) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2014 (S.I. 2014/1808), regs. 1(1), 5(2)(b)

F8Reg. 27(1)(g) and word inserted (15.9.2014) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2014 (S.I. 2014/1808), regs. 1(1), 5(2)(c)

F9Reg. 27(1A) inserted (31.5.2018) by The Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2018 (S.I. 2018/699), regs. 1(2), 15(4)

F10Reg. 27(1AA) inserted (21.5.2024) by The Representation of the People (England and Wales and Northern Ireland) (Amendment) Regulations 2024 (S.I. 2024/665), regs. 1(1), 3(4)(b) (with reg. 1(5))

F11Reg. 27(1B)(1C) inserted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) (Northern Ireland) Regulations 2024 (S.I. 2024/43), regs. 1(1), 13(a) (with reg. 27(1))