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The Representation of the People (Northern Ireland) Regulations 2008
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The Representation of the People (Northern Ireland) Regulations 2008, Section 38D 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.
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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)
[F1Anonymous registration: evidence by attestationN.I.
This section has no associated Explanatory Memorandum
38D.—(1) An attestation within the meaning of this regulation is prescribed for the purposes of regulation 38A(3)(a).
(2) The attestation must—
(a)certify that the safety of the applicant, or of another named person of the same household as the applicant, would be at risk if the register contained the name of the applicant or the applicant’s qualifying address,
(b)state the date on which it is made, and
(c)be in writing and signed by a qualifying officer.
(3) The attestation must state the period for which it has effect, being a period of between one and five years beginning with the date on which the attestation is made.
(4) Qualifying officer means—
(a)a police officer of or above the rank of [F2inspector] of the Police Service of Northern Ireland;
(b)a police officer of or above the rank of [F3inspector] of any police force in England and Wales;
(c)a police officer of or above the rank of [F4inspector] of the Police Service of Scotland;
(d)the Director General of the Security Service;
(e)the Director General of the National Crime Agency;
(f)any director of adult social services in England within the meaning of section 6(A1) of the Local Authority Social Services Act 1970;
(g)any director of social services in Wales within the meaning of section 6(1) of the Local Authority Social Services Act 1970;
(h)any director of children’s services in England within the meaning of section 18 of the Children Act 2004;
(i)any chief social work officer in Scotland within the meaning of section 3 of the Social Work (Scotland) Act 1968;
(j)the director of social care and children of the Regional Health and Social Care Board established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009;
(k)any executive director of social work of a Health and Social Services Trust established under article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991;
[F5(l)any registered medical practitioner;
(m)any registered nurse or midwife;
(n)any person who manages a refuge.]
[F6(5) In this regulation, “refuge” means accommodation together with a planned programme of therapeutic and practical support for victims of, or those at risk of, domestic abuse or violence.]]
Textual Amendments
F1Regs. 38A-38E inserted (15.9.2014) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2014 (S.I. 2014/1808), regs. 1(1), 10
F2Word in reg. 38D(4)(a) substituted (7.3.2018) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2018 (S.I. 2018/331), regs. 1(2), 2(3)(a)
F3Word in reg. 38D(4)(b) substituted (7.3.2018) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2018 (S.I. 2018/331), regs. 1(2), 2(3)(a)
F4Word in reg. 38D(4)(c) substituted (7.3.2018) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2018 (S.I. 2018/331), regs. 1(2), 2(3)(a)
F5Reg. 38D(4)(l)-(n) inserted (7.3.2018) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2018 (S.I. 2018/331), regs. 1(2), 2(3)(b)
F6Reg. 38D(5) inserted (7.3.2018) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2018 (S.I. 2018/331), regs. 1(2), 2(4)
Modifications etc. (not altering text)
C1Reg. 38D applied (15.9.2014) by S.I. 2001/1184, reg. 9, Sch. Pt. 2 (as inserted by S.I. 2014/1803, regs. 1(1), 8(3)(a))
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