The Representation of the People (Northern Ireland) Regulations 2008

Forwarding of documents N.I.

91.—(1) The returning officer shall forward to the Clerk of the Crown for Northern Ireland at the same time as he forwards the documents mentioned in rule 55(1) of the elections rules—

(a) any packets referred to in regulations 79, 81(5) [F1 , 81A(11)] [F2 , 84G(1)(a)] and 89, subject to regulation 90, endorsing on each packet a description of its contents, the date of the election to which it relates and the name of the constituency for which the election was held; F3 ...

[F4 (aa) the list of spoilt ballot papers and the list of tendered postal ballot papers; and]

(b) a completed statement in Form N.

(2) Where—

(a) any covering envelopes are received by the returning officer after the close of the poll;

(b) any envelopes addressed to postal voters are returned as undelivered too late to be readdressed; or

(c) any spoilt postal ballot papers are returned too late to enable other postal ballot papers to be issued,

the returning officer shall put them unopened in a separate packet, seal up that packet and endorse and forward it at a subsequent date in the manner described in paragraph (1).

[F5 (2A) The returning officer must also forward to the Clerk of the Crown for Northern Ireland the list compiled in accordance with regulation 84H(1), together with the packets made up in accordance with regulation 84G(1)(b) and resealed in accordance with regulation 84H(6)(c), as soon as reasonably practicable after the registration officer has met the duty in regulation 84I(2) in relation to each elector on the list.]

(3) Rules 56(2) and 57(3) of the elections rules shall apply to any packet or document forwarded under this regulation [F6 , subject to paragraph (3A)].

[F7 (3A) For the purposes of the application of rules 56 and 57 of the election rules to the packets and documents forwarded under this regulation, the following are to be treated in the same manner as a counted ballot paper—

(a) the list compiled in accordance with regulation 84H(1) and any extracts from it;

(b) return of postal voting documents forms.]

(4) A copy of the statement referred to in paragraph (1)(b) shall be provided by the returning officer to the Electoral Commission.

Textual Amendments

F1 Words in reg. 91(1)(a) inserted (15.9.2014) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2014 (S.I. 2014/1808), regs. 1(1), 29(a)

F2 Word in reg. 91(1) inserted (26.3.2024) by The Representation of the People (Postal Vote Handling etc.) (Northern Ireland) (Amendment) Regulations 2024 (S.I. 2024/319), regs. 1(2), 8(a) (with reg. 1(3))

F3 Word in reg. 91(1)(a) omitted (15.9.2014) by virtue of The Representation of the People (Northern Ireland) (Amendment) Regulations 2014 (S.I. 2014/1808), regs. 1(1), 29(b)

F4 Reg. 91(1)(aa) inserted (15.9.2014) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2014 (S.I. 2014/1808), regs. 1(1), 29(c)

F5 Reg. 91(2A) inserted (26.3.2024) by The Representation of the People (Postal Vote Handling etc.) (Northern Ireland) (Amendment) Regulations 2024 (S.I. 2024/319), regs. 1(2), 8(b) (with reg. 1(3))

F6 Words in reg. 91(3) inserted (26.3.2024) by The Representation of the People (Postal Vote Handling etc.) (Northern Ireland) (Amendment) Regulations 2024 (S.I. 2024/319), regs. 1(2), 8(c) (with reg. 1(3))

F7 Reg. 91(3A) inserted (26.3.2024) by The Representation of the People (Postal Vote Handling etc.) (Northern Ireland) (Amendment) Regulations 2024 (S.I. 2024/319), regs. 1(2), 8(d) (with reg. 1(3))

Modifications etc. (not altering text)

C1 Reg. 91 modified (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(2), Sch. 8 para. 50(9)

C2 Reg. 91 applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 102

(1)

Rule 55 has been amended by S.I.2001/1149, section 13(1) and (4) of the 2000 Act (c.2), sections 31, 41 and 45 of, and Schedule 1 to, the 2006 Act (c.22).

(2)

Rule 56 has been amended by sections 31 and 41 of the 2006 Act.

(3)

Paragraph (1) of rule 57 was amended by, paragraph (3) was substituted by, and paragraphs (4) to (9), of rule 57 were inserted by section 41 of the 2006 Act (c.22); paragraph (1A) was inserted by section 47 of, paragraph 95(3) of Schedule 1 to, the 2006 Act and paragraph (2) was substituted by section 31 of that Act. The amendments made to rule 57 by section 70 of the 2006 Act do not extend to Northern Ireland (see section 78(3)).