The Representation of the People and Recall Petition (Northern Ireland) (Amendment) Regulations 2023

Date of birth lists

14.—(1) After regulation 13 insert—

“Date of birth lists in Northern Ireland

13A.— (1) The Chief Electoral Officer for Northern Ireland must prepare the following lists—

(a) a list setting out, in relation to each elector, the elector’s date of birth as supplied pursuant to section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the 1983 Act(1);

(b) a list setting out, in relation to each person appointed to vote as a proxy for an elector, the person’s date of birth as supplied pursuant to a relevant provision.

(2) For the purposes of paragraph (1)(b), “relevant provision” means—

(a) where the person is or will be registered in a register of parliamentary electors in Northern Ireland, section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the 1983 Act (information provided by the canvass or on an application for registration), and

(b) where the person is or will be registered in a register of parliamentary electors in Great Britain and does not also fall within sub-paragraph (a), regulation 63(1A) (date of birth of proxy to be included in proxy application)(2).

(3) A list prepared under paragraph (1) must include sufficient information for the purposes of enabling the petition clerk or assistant to make a decision under regulation 28(4)(a)(ii) (decision whether specified document raises doubt as to elector’s apparent age).

(4) A person to whom paragraph (5) applies must not, otherwise than in accordance with these Regulations—

(a) permit a list prepared under paragraph (1) to be inspected;

(b) supply to any person a copy of a list prepared under paragraph (1) or information contained in such a list;

(c) make use of information contained in a list prepared under paragraph (1).

(5) This paragraph applies to—

(a) the Chief Electoral Officer for Northern Ireland;

(b) a person to whom functions are delegated by the Chief Electoral Officer;

(c) the petition clerk;

(d) an assistant to the petition clerk or any other officer appointed to work at the petition signing place.

Supply of date of birth lists to police forces and restrictions on use

13B.— (1) The Chief Electoral Officer for Northern Ireland must, on receipt of a written request from a police force for a date of birth list prepared under regulation 13A(1)—

(a) if the request was for a copy of a date of birth list in printed form, provide the police force with a printed copy of the list specified in the request;

(b) if the request was for a date of birth list in data form, provide the police force with the data form of the list specified in the request.

(2) No person serving whether as a constable, officer or employee in a police force may—

(a) supply a date of birth list, or a copy of such a list, to any person,

(b) disclose any information contained in a date of birth list, or

(c) make use of any such information,

otherwise than for the purpose of the prevention and detection of crime and the enforcement of the criminal law (whether in Northern Ireland or elsewhere).

(3) The restrictions in paragraph (2) apply to a person—

(a) to whom a date of birth list (or copy) has been supplied under that paragraph, or

(b) to whom information in such a list has been disclosed under that paragraph,

as they apply to the persons referred to in that paragraph.

(4) In this regulation—

(a) “police force” means—

(i) the Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve,

(ii) a police force in Great Britain,

(iii) the National Crime Agency, or

(iv) any body of constables established under an Act of Parliament;

(b) the reference to an employee in a police force includes—

(i) any person working or providing services for the police force, and

(ii) any person employed by or on behalf of, or working for, a person referred to in sub-paragraph (i).

(5) The duty on the Chief Electoral Officer for Northern Ireland to supply a date of birth list under this regulation imposes only a duty to provide the list in the form in which the Chief Electoral Officer holds it.

(6) See also regulation 124A (offence of disclosure of date of birth list in breach of restrictions imposed under this regulation).”.

(2) In regulation 19 (equipment at petition signing place), in paragraph (3), at the end insert—

“(e) in the case of a petition signing place in Northern Ireland, the lists prepared under regulation 13A (date of birth lists).”.

(3) After regulation 45 insert—

“Court orders for production of date of birth lists: Northern Ireland

45A.— (1) The High Court, a county court or a petition court may make an order for the inspection or production of a date of birth list prepared under regulation 13A(1), if satisfied by evidence on oath that the order is required for the purposes of—

(a) instituting or maintaining a prosecution for an offence in relation to a petition, or

(b) a recall petition complaint.

(2) An order under paragraph (1) may be made subject to conditions, including conditions relating to—

(a) the persons who may inspect the list or to whom the list may be produced,

(b) the time of inspection or production, and

(c) the place and mode of inspection or production.

(3) An appeal lies to the High Court from any order of a county court under paragraph (1).

(4) A power to make an order under paragraph (1)—

(a) in the case of a power of the High Court, may be exercised by any judge of the court otherwise than in open court, and

(b) in the case of a power of a county court, may be exercised in such manner as may be provided by rules of court.

(5) Where an order is made for the production of a date of birth list relating to a specified petition, the production of the list in the manner directed by the order is to be conclusive evidence that the list relates to the specified petition.

(6) A third party who has inspected a date of birth list or to whom a date of birth list has been produced pursuant to an order under paragraph (1) may not—

(a) supply the list, or a copy of it, to any person,

(b) disclose any information contained in it, or

(c) make use of any such information,

otherwise than for the purposes of the proceedings in relation to which the order was made.

(7) The restrictions in paragraph (6) apply to a person—

(a) to whom a date of birth list (or copy) has been supplied under that paragraph, or

(b) to whom information in such a list has been disclosed under that paragraph,

as they apply to the third party to whom the list was first supplied.

(8) In this regulation, “third party” means a person other than a person to whom the Chief Electoral Officer for Northern Ireland may delegate functions.

(9) See also regulation 124A (offence of disclosure of date of birth list in breach of restrictions imposed under this regulation).”.

(4) After regulation 46 insert—

“Destruction of date of birth lists: Northern Ireland

46A.   The Chief Electoral Officer for Northern Ireland must destroy the lists provided under regulation 19(3)(e)—

(a) on the next working day following the 21st day after the day on which the public notice of the outcome of the recall petition is given under section 14(2)(c) of the Act, or

(b) if a recall petition complaint is presented before that day, on the next working day following the conclusion of proceedings on the complaint or on appeal from such a complaint.”.

(5) After regulation 124 insert—

“Disclosure of date of birth lists: Northern Ireland

124A.— (1) A person is guilty of an offence—

(a) if they fail to comply with any of the restrictions imposed under regulation 13B (supply of date of birth lists to police forces and restrictions on use) or regulation 45A (court orders for production of date of birth lists), or

(b) if they are an appropriate supervisor of a person (P) who fails to comply with any of those restrictions and they failed to take appropriate steps.

(2) P is not guilty of an offence under paragraph (1) if—

(a) P has an appropriate supervisor, and

(b) P has complied with all the requirements imposed on P by the appropriate supervisor.

(3) A person who is not P or an appropriate supervisor is not guilty of an offence under paragraph (1) if they take all reasonable steps to ensure that they comply with the restrictions.

(4) For the purposes of this regulation—

(a) an appropriate supervisor is a person who is a director of a company or concerned in the management of an organisation in which P is employed or under whose direction or control P is;

(b) appropriate steps are such steps as it was reasonable for the appropriate supervisor to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of a failure to comply with the restrictions.

(5) A person guilty of an offence as mentioned in paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.”.

(6) In regulation 2 (application)(3), in paragraph (5)—

(a) before sub-paragraph (a) insert—

“(za) regulations 13A and 13B (date of birth lists in Northern Ireland);”;

(b) after sub-paragraph (b) insert—

“(ba) regulation 45A (court orders for production of date of birth lists);

(bb) regulation 46A (destruction of date of birth lists);”;

(c) after sub-paragraph (m) insert—

“(n) regulation 124A (offence of disclosure of date of birth lists).”.

(1)

Section 10(4A) was inserted by section 1 of the Electoral Fraud (Northern Ireland) Act 2002 (c. 13); section 10A was inserted by paragraph 4 of Schedule 1 to the Representation of the People Act 2000 (c. 2), and subsection (1A) of section 10A was inserted by section 1 of the Electoral Fraud (Northern Ireland) Act 2002; section 13A was inserted by paragraph 6 of Schedule 1 to the Representation of the People Act 2000, and subsection (2A) of section 13A was inserted by section 1 of the Electoral Fraud (Northern Ireland) Act 2002.

(2)

Paragraph (1A) was inserted into regulation 63 by regulation 19(10)(b) of the Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023.

(3)

Regulation 2 was amended by S.I. 2022/1382 and by the Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023.