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The Representation of the People (Northern Ireland) Regulations 2008
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Changes over time for: Section 38
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Changes and effects yet to be applied to Regulation 38:
- 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)
Hearings of reviewsN.I.
This section has no associated Explanatory Memorandum
38.—(1) Where the registration officer determines that a hearing of the review should be conducted, the notice given under regulation 36(3)(c) must also state the time and place at which he proposes to hear the review.
(2) Where the subject of the review requires the review to be heard, the registration officer must send to that person a notice [F1in writing] stating the time and place at which he proposes to hear the review.
(3) The time fixed for the hearing must not be earlier than the third day after the date of the notice in which that time is stated.
(4) The persons entitled to appear and be heard are—
(a)the subject of the review;
(b)any other person who appears to the registration officer to be interested.
(5) Paragraphs (2) to (4) of regulation 32 apply to the hearing of a review as they apply to the hearing of an application for registration or objection.
(6) The registration officer may determine that the subject of the review was not entitled to be registered or, as the case may be, has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act, despite the failure of that person (or any other person entitled to appear and be heard) to attend.
(7) In making a determination under paragraph (6), the registration officer must take into account any written representations made to him by the subject of the review and may take into account the written representations of any other person who appears to him to be interested.
Textual Amendments
F1Words in reg. 38(2) 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), 11(7)
Modifications etc. (not altering text)
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