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The Representation of the People (Northern Ireland) Regulations 2008
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Changes over time for: Section 41
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The Representation of the People (Northern Ireland) Regulations 2008, Section 41 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)
Requests for informationN.I.
This section has no associated Explanatory Memorandum
41.—(1) The registration officer may, from time to time, request such specified information as he may require for [F1any of the purposes mentioned in paragraph 1A(1)] of Schedule 2 to the 1983 Act(1)from—
(a)any specified authority; or
(b)any person providing services to, or authorised to exercise any function of, any such authority.
(2) A request for information shall—
(a)be in writing;
(b)specify the format in which the information shall be provided; and
(c)specify the date by which information shall be provided.
(3) A request for information may—
(a)request the regular disclosure of specified information at intervals not more frequent than monthly; and
(b)relate to a specified individual or a class of individuals of a particular description.
(4) A recipient of a request for information shall—
(a)provide the information requested by the specified date; F2...
(b)inform the registration officer that the information requested is not held by that authority or person; F3...
(c)request further time for the location of that information [F4; or
(d)if paragraph (4A) applies, inform the registration officer that they have used all reasonable endeavours to locate the information but have been unable to do so.]
[F5(4A) This paragraph applies where the information requested—
(a)came into the recipient’s control before 6th June 2007, and
(b)relates to a person who is seeking to be registered, or is registered, in pursuance of an overseas elector’s declaration.]
(5) Nothing in these Regulations requires the disclosure of information which came into the possession of an authority or person before any previous disclosure made in response to a request made in accordance with this regulation.
(6) Where a request for the same information is made more than once, the recipient of the request may provide the information requested if, in his opinion, the information is reasonably required by the registration officer to replace any information previously disclosed which has been lost, destroyed or impaired during processing by the registration officer.
(7) Nothing in these Regulations shall be taken to require a specified authority or person mentioned in paragraph (1) to disclose information which came into their control before 6th June 2007(2).
[F6(8) But paragraph (7) does not apply where the request for information is in relation to a person who is seeking to be registered, or is registered, in pursuance of an overseas elector’s declaration.]
Textual Amendments
F1Words in reg. 41(1) substituted (13.3.2014) by Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 20(4)(a), 28(1)(e) (with s. 20(5))
F2Word in reg. 41(4)(a) omitted (16.1.2024) by virtue of The Representation of the People (Overseas Electors etc.) (Amendment) (Northern Ireland) Regulations 2024 (S.I. 2024/43), regs. 1(1), 18(a)(i) (with reg. 28(3))
F3Word in reg. 41(4)(b) omitted (16.1.2024) by virtue of The Representation of the People (Overseas Electors etc.) (Amendment) (Northern Ireland) Regulations 2024 (S.I. 2024/43), regs. 1(1), 18(a)(i) (with reg. 28(3))
F4Reg. 41(4)(d) and word 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), 18(a)(ii) (with reg. 28(3))
(1)
Paragraph 1(4B) of Schedule 2 to the 1983 Act was inserted by section 7 of the Miscellaneous Provisions Act.
(2)
The Representation of the People (Northern Ireland)(Amendment) Regulations 2007 (S.I.2007/1612)(“2007 Regulations”) amended the 2001 Regulations to make provision to enable the Chief Electoral Officer for Northern Ireland to request information from specified public authorities. The 2007 Regulations provided that these new powers did not require an authority to provide information which came into their possession before those Regulations came into force on 6th June 2007. These Regulations, which repeal and replace the 2007 Regulations maintain this position.
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