- Latest available (Revised)
- Original (As made)
The Representation of the People (Northern Ireland) Regulations 2008, Section 46B is up to date with all changes known to be in force on or before 21 August 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
46B.—(1) Where—
(a)a person (P) is entered in the register in respect of any address, and
(b)conditions A, B and C are met,
section 10A(6) of the 1983 Act does not apply for the duration of the relevant period and the registration officer is authorised to retain P’s entry in the register.
(2) Condition A is that on the conclusion of a canvass under section 10(1A) of the 1983 Act, either—
(a)the registration officer is unable to satisfy himself that P was, on the 15th October in question, resident at that address because—
(i)the form mentioned in section 10(4) of the 1983 Act relating to P was not returned in respect of that address, or
(ii)for any other reason, insufficient information was obtained as to whether P was resident at that address on that date; or
(b)the form mentioned in section 10(4) of the 1983 Act relating to P was returned in respect of that address, but it does not include all of the information relating to P required by virtue of section 10(4A) of the 1983 Act.
(3) Condition B is that in the 12 month period before the conclusion of the canvass—
(a)P made an application under section 10A(1) or 13A(1) of the 1983 Act and the registration officer determined that P was entitled to be registered in the register;
(b)information received by the registration officer pursuant to regulation 41 indicates that P is resident at that address and that the required information in relation to P is accurate;
(c)inquiries made by the registration officer pursuant to sections 10(5) or 10A(5B) of the 1983 Act indicate that P is resident at that address and that the required information in relation to P is accurate;
(d)P has confirmed orally or in writing that P is resident at that address and that the required information in relation to P is accurate; or
(e)any other information received by the registration officer indicates that P is resident at that address and that the required information in relation to P is accurate.
(4) Condition C is that the registration officer is satisfied that it is likely that P is resident at that address and that the required information in relation to P is accurate.
(5) Nothing in this regulation prevents the registration officer from removing P’s entry from the register before the expiry of the relevant period if section 10A(5)(b) or 10A(5A)(b) of the 1983 Act applies.
(6) In this regulation—
[F2“relevant period”—
in relation to the canvass mentioned in paragraph (2) that was conducted in the year 2021, means the period beginning with the conclusion of the canvass and expiring with the publication of a revised version of the register under section 13(1) of the 1983 Act in the third calendar year following that in which the canvass was conducted;
in relation to any subsequent canvass mentioned in paragraph (2), means the period beginning with the conclusion of the canvass and expiring with the publication of a revised version of the register under section 13(1) of the 1983 Act in the second calendar year following that in which the canvass was conducted;] and
“required information” has the meaning given in section 10ZB of the 1983 Act.]
Textual Amendments
F1Regs. 46A, 46B inserted (18.7.2013) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2013 (S.I. 2013/1846), regs. 1(1), 3(1)
F2Words in reg. 46B(6) substituted (31.10.2023) by The Representation of the People and Recall Petition (Northern Ireland) (Amendment) Regulations 2023 (S.I. 2023/1116), regs. 1(2), 4
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: