The Representation of the People (Northern Ireland) Regulations 2008

Additional requirements for applications in respect of a particular election N.I.

59.—(1) An application under section 7(1) of the 1985 Act shall set out why the applicant’s circumstances on the date of the poll for the election in respect of which it is made will be or are likely to be such that he cannot reasonably be expected to vote in person at his allotted polling station.

(2) Except in respect of an application to which paragraph (4), (6) or (8) applies, such an application shall be signed and attested by a person who—

(a) is aged 18 years or over;

(b) resides in the United Kingdom;

(c) knows the applicant but is not related to him; and

[F1 (d) has not attested under this paragraph more than one other application in respect of the election for which the application he attests is made or that election taken together with any other election in Northern Ireland the poll for which is taking place on the same day.]

(3) The person attesting an application under paragraph (2) shall state—

(a) his full name and address;

(b) that he is aged 18 years or over;

(c) that he resides in the United Kingdom;

(d) that he knows the applicant but is not related to him; and

[F2 (e) that he has not attested under paragraph (2) more than one other application in respect of the election for which the application he attests is made or that election taken together with any other election in Northern Ireland the poll for which is taking place on the same day,]

and shall certify that, to the best of his knowledge and belief, the statement included in the application in accordance with paragraph (1) is true.

(4) This paragraph applies in respect of an application under section 7(1) of the 1985 Act in which the circumstances set out in accordance with paragraph (1) are that the applicant will be or is likely to be ill on the date of the poll, and which—

(a) specifies the illness which he is likely to suffer from; and

(b) is attested and signed by [F3 a person who is registered in the register and who is] one of the persons specified in sub-paragraphs (a), (b) and (c) of regulation 57(2).

(5) The person attesting an application under paragraph (4) shall state—

(a) his name and address;

[F4 (ab) that he is registered in the register;]

(b) the qualification by virtue of which he is authorised to attest it;

(c) that he has seen the applicant in connection with the circumstances set out in the application in accordance with paragraph (1); and

(d) that, to the best of his knowledge and belief—

(i) the applicant is suffering from the illness specified in the application;

(ii) that he will be or is likely to be so suffering on the date of the poll; and

(iii) that he cannot reasonably be expected to vote in person at his allotted polling station because of that illness.

(6) This paragraph applies in respect of an application under section 7(1) of the 1985 Act—

(a) which is received by the registration officer after 5 p.m. on the fourteenth day (calculated in accordance with regulation 61(5)) before the date of the poll at the election in question (“the standard closing date for applications”) but before 5 p.m. on the sixth day (so calculated) before the date of that poll;

(b) in which the circumstances set out in accordance with paragraph (1) relate to the applicant’s health;

(c) which includes a statement to the effect that, before the standard closing date for applications, the applicant could not have reasonably foreseen that those circumstances would, or would be likely to, exist on the date of the poll; and

(d) which is attested and signed [F5 a person who is registered in the register and who is] by one of the persons specified in sub-paragraphs (a), (b) and (c) of regulation 57(2).

(7) The person attesting an application under paragraph (6) shall state—

(a) his name and address;

[F6 (ab) that he is registered in the register;]

(b) the qualification by virtue of which he is authorised to attest it;

(c) that he has seen the applicant in connection with the circumstances set out in the application in accordance with paragraph (1);

(d) that to the best of his knowledge and belief—

(i) the applicant is suffering from the illness specified in the application;

(ii) that he will be or is likely to be so suffering on the date of the poll; and

(iii) that he cannot reasonably be expected to vote in person at his allotted polling station because of that illness; and

(e) that, to the best of his knowledge and belief, the statement which the applicant made in accordance with paragraph (6)(c) is correct.

(8) This paragraph applies in respect of an application under section 7(1) of the 1985 Act—

(a) which is received by the registration officer during the period specified in paragraph (6)(a);

(b) in which the circumstances set out in accordance with paragraph (1) relate to the applicant’s employment either as a constable or by the returning officer on the date of the poll of the election for which the application is made for a purpose connected with that election or any other parliamentary F7 ... election the poll for which is held on the same day;

(c) which states the employment in question; and

(d) in the case of a constable, which is signed by a member of the Police Service of Northern Ireland of or above the rank of chief inspector.

Textual Amendments

F1 Reg. 59(2)(d) substituted (4.2.2010) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2010 (S.I. 2010/278), regs. 1(2), 7(2)

F2 Reg. 59(3)(e) substituted (4.2.2010) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2010 (S.I. 2010/278), regs. 1(2), 7(3)

F3 Words in reg. 59(4)(b) inserted (4.2.2010) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2010 (S.I. 2010/278), regs. 1(2), 7(4)

F4 Reg. 59(5)(ab) inserted (4.2.2010) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2010 (S.I. 2010/278), regs. 1(2), 7(5)

F5 Words in reg. 59(6)(d) inserted (4.2.2010) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2010 (S.I. 2010/278), regs. 1(2), 7(6)

F6 Reg. 59(7)(ab) inserted (4.2.2010) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2010 (S.I. 2010/278), regs. 1(2), 7(7)

F7 Words in reg. 59(8)(b) revoked (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 2 Table 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

Modifications etc. (not altering text)

C1 Reg. 59 applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 75