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Representation of the People Act 1983

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Point in time view as at 22/01/2020.

Changes to legislation:

Representation of the People Act 1983, Cross Heading: Registration of parliamentary and local government electors is up to date with all changes known to be in force on or before 27 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. Help about Changes to Legislation

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Registration of parliamentary and local government electorsU.K.

8 Registration officers.U.K.

(1)For the registration of electors there shall be electoral registration officers (in this Act referred to as “registration officers”).

(2)In England F1. . .—

(a)the council of every district and London borough shall appoint an officer of the council to be registration officer for any constituency or part of a constituency coterminous with or situated in the district or borough, and

[F2(b)in relation to any constituency part of which consists of some or all of the area of the City and the Inner and Middle Temples, the Common Council shall appoint an officer to be registration officer for that part of the constituency.]

[F3(2A)In Wales, the council of every county or county borough shall appoint an officer of the council to be registration officer for any constituency or part of a constituency coterminous with or situated in the area of the council.]

[F4(3)In Scotland, every local authority shall appoint an officer of the authority for their area or for any adjoining area, or an officer appointed by any combination of local authorities, to be registration officer for any constituency or part of a constituency which is situated within their area.]

(4)In Northern Ireland, the Chief Electoral Officer for Northern Ireland is the registration officer for each constituency.

Textual Amendments

F4S. 8(3) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 130(2); S.I. 1996/323, art. 4(b)(c)

Modifications etc. (not altering text)

C8S. 8(2): functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 D1

[F59 Registers of electors.U.K.

(1)Each registration officer shall maintain—

(a)a register of parliamentary electors for each constituency or part of a constituency in the area for which he acts; and

(b)a register of local government electors for the local government areas or parts of local government areas included in the area for which he acts.

(2)[F6Subject to any other provision of this Act, each register] shall contain—

[F7(a)the names of persons who appear to the registration officer to be entitled to be registered in it and in respect of whom a successful application for registration has been made;]

(b)(subject to any prescribed exceptions) the qualifying addresses of the persons registered in it; and

(c)in relation to each such person, that person’s electoral number.

(3)A person’s electoral number is such number (with or without any letters) as is for the time being allocated by the registration officer to that person as his electoral number for the purposes of the register in question.

(4)Electoral numbers shall be allocated by a registration officer in such a way as to ensure, so far as is reasonably practicable, that in each separate part of a register the numbers run consecutively.

(5)The registers of parliamentary electors and of local government electors shall so far as practicable be combined, the [F8entries] of persons registered only as parliamentary electors or local government electors being marked to indicate that fact.

[F9(5A)In relation to the registration of local government electors in Scotland, the entry in the combined registers of any person aged 16 or 17 who is registered only as a local government elector must give the date on which the person will attain the age of 18.]

F10(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Where under this section two or more registration officers maintain registers of parliamentary electors in respect of different parts of the same constituency, then in relation to that constituency any reference in this Act (whether express or implied) to the register of parliamentary electors for a constituency shall be read—

(a)as a reference to one of those registers, or

(b)in relation to one of those registration officers, as the register maintained by him,

as the context may require.

(8)In this Act—

(a)any reference, in relation to a registration officer, to “his” registers is a reference to the registers maintained by him under this section; and

(b)“qualifying address”, in relation to a person registered in a register of electors, is the address in respect of which he is entitled to be so registered.]

Textual Amendments

F5S. 9 substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 8(a), Sch. 1 para. 3; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F6Words in s. 9(2) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 5(a) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F7S. 9(2)(a) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 5(b) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F8Word in s. 9(5) substituted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10, 77, Sch. 1 para. 4(3); S.I. 2006/3412, art. 3, Sch. 1 paras. 1, 12(a) (subject to transitional provisions and savings in art. 6, Sch. 2) (amendment extended to N.I. (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 2(2))

F10S. 9(6) omitted (13.5.2014) by virtue of Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 18(1)(b), 28(4) (previously repealed (E.W.S.) (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 9(2), 74(2), 77, Sch. 2; S.I. 2006/1972, art. 3, Sch. 1 paras. 1, 26(2))

Modifications etc. (not altering text)

C9S. 9 extended (with modifications) (N.I.) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42) ss. 2, 13(6), Sch. 1 Pt. I (as amended (16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(5); S.I. 2001/116, art. 2(1) (with art. 2(3)-(5)))

C10S. 9 applied (with modifications) (E.W.) (16.2.2001) by S.I. 2001/341, reg. 13(4)(5), Sch. 4 Pt. I

S. 9 applied (with modifications) (N.I.) (16.2.2001) by S.I. 2001/1184, reg. 13(3)(4), Sch. 4 Pt. I

C12S. 9(2)(3)(4)(7)(8) applied (with modifications) (9.4.2001) by S.I. 2001/1184, reg. 9, Sch. Pt. I (as substituted (17.3.2009) by S.I. 2009/726, regs. 1(1), 2(3)(4), Sch.)

C13S. 9(2) amendment by 2006 c. 22, Sch. 1 para. 4(2) extended to N.I. (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 2(2)

C14S. 9(2)(b) excluded (E.W.) (16.2.2001) by S.I. 2001/341, reg. 40(1)

S. 9(2)(b) excluded (S.) (16.2.2001) by S.I. 2001/497, reg. 40(1)

C16S. 9(2)(3)(4)(7)(8) applied (with modifications) (9.4.2001) by S.I. 2001/1184, reg. 9, Sch. Pt. I

[F119ARegistration officers: duty to take necessary stepsU.K.

(1)Each registration officer must take all steps that are necessary for the purpose of complying with his duty to maintain the registers under section 9 above [F12and [F13—

(a)in the case of a registration officer in Great Britain, for the purpose of securing that, so far as is reasonably practicable, persons who are entitled to be registered in a register (and no others) are registered in it, and

(b)in the case of the Chief Electoral Officer for Northern Ireland, for the purpose of meeting the relevant registration objectives].]

(2)The steps include—

[F14(za)for the purposes of a register of parliamentary electors in Great Britain, or a register of local government electors in England [F15or Wales], sending to any address at least one communication to be used for the canvass under section 9D below;]

(a)sending more than once to any address the form to be used for the canvass under [F16section 9D] [F17(in the case of the canvass for the purposes of a register of local government electors in Scotland F18... ) or the canvass under section 10;]

(b)making on one or more occasions house to house inquiries under [F19section 9D(5) or 10(5)];

[F20(ba)for the purposes of a register of parliamentary electors in Great Britain, or a register of local government electors in England [F21or in Wales], making on one or more occasions contact with persons by telephone;]

(c)making contact by such other means as the registration officer thinks appropriate with persons who do not have an entry in a register;

(d)inspecting any records held by any person which he is permitted to inspect under or by virtue of any enactment or rule of law;

(e)providing training to persons under his direction or control in connection with the carrying out of the duty.

[F22(2A)In relation to the registration of local government electors in Scotland, subsections (1) and (2)(b) do not require a registration officer to make house to house inquiries in relation to any person under the age of 16.]

(3)Regulations made by the Secretary of State may amend subsection (2) by—

(a)varying any of the paragraphs in that subsection;

(b)inserting any paragraph;

(c)repealing any paragraph.]

Extent Information

Textual Amendments

F11S. 9A inserted (E.W.S.) (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 9(1), 77; S.I. 2006/1972, art. 3, Sch. 1 para. 1 (subject to transitional provisions in art. 4, Sch. 2)

F12Words in s. 9A(1) inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 6(2) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F13Words in s. 9A(1) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 18(3)(a), 28(4)(5)

F16Words in s. 9A(2)(a) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 6(3) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F19Words in s. 9A(2)(b) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 18(3)(c), 28(4)(5)

Modifications etc. (not altering text)

C17S. 9A applied (with modifications) (S.) (8.8.2013) by Scottish Independence Referendum (Franchise) Act 2013 (asp 13), ss. 6, 13(1), sch. 1 Pts. 1, 2 (with s. 13(2))

[F239BAnonymous registrationU.K.

[F24(1)An application under this section (an application for an anonymous entry) may be made—

(a)by any person, in conjunction with an application for registration under section 10ZC [F25or 10A(1)(a)], or

(b)by a person who already has an anonymous entry, for the purposes of remaining registered with such an entry (see section 9C(3)).

(1A)An application for an anonymous entry must be made in accordance with prescribed requirements and must be accompanied by—

(a)a declaration made in accordance with prescribed requirements, and

(b)such evidence in support as may be prescribed.

(2)A registration officer who receives an application for an anonymous entry must determine whether the safety test is satisfied (unless, in the case of an application under subsection (1)(a), the person's application for registration has been rejected otherwise than by virtue of this section).]

(3)If the registration officer determines that the safety test is satisfied—

(a)section 9(2) above does not apply in relation to the person; and

(b)the person's entry in the register shall instead contain letters in the prescribed form and his electoral number.

(4)An entry containing the matters mentioned in subsection (3)(b) above is referred to in this Act as an anonymous entry.

(5)If an anonymous entry is made in respect of a person [F26as the result of an application under subsection (1)(a)], the registration officer shall remove any other entry in the register for that person.

[F27(6)If a person makes an application under subsection (1)(a) and the registration officer determines that the safety test is not satisfied, no entry is to be made in the register as a result of the person's application under section 10ZC [F28or 10A(1)(a)] (whether an anonymous entry or otherwise).]

(7)Subsection (6) above does not affect—

(a)any other entry in the register for the person;

(b)the determination of any further application for registration which is made by the person [F29(including an application which is treated as having been made by him by virtue of section 10A(2) below)] F30...

(8)Any communication sent by a registration officer or the returning officer for any election to a person who has an anonymous entry (A) must be sent in an envelope or other form of covering so as not to disclose to any other person that A has an anonymous entry.

(9)[F31Subsection (8) does not apply to a communication relating only to a local government election in Scotland.]

(10)The safety test is satisfied if the safety of the applicant for an anonymous entry or that of any other person of the same household would be at risk if the register contains the name of the applicant or his qualifying address.

(11)In this section, “determines” means determines in accordance with regulations.

Extent Information

E2S. 9B: the extent of this provision is changed to E.W.S.N.I. at 15.9.2014 as a result of its extension to N.I. by S.I. 2014/1116, art. 2(1)

Textual Amendments

F23Ss. 9B, 9C inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10(1), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 1 (subject to transitional provisions in art. 6, Sch. 2)

F24S. 9B(1)(1A)(2) substituted for s. 9B(1)(2) (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 7(2) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F26Words in s. 9B(5) inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 7(3) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F27S. 9B(6) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 7(4) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F30Words in s. 9B(7)(b) omitted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by virtue of Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 7(5) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

Modifications etc. (not altering text)

C19S. 9B applied (with modifications) (S.) (8.8.2013) by Scottish Independence Referendum (Franchise) Act 2013 (asp 13), ss. 6, 13(1), sch. 1 Pts. 1, 2 (with s. 13(2))

9CRemoval of anonymous entryE+W+S

(1)If a person has an anonymous entry in a register [F32maintained by a registration officer in Great Britain], his entitlement to remain registered F33... terminates—

(a)at the end of the period of 12 months beginning with the date when the entry in the register first takes effect, or

(b)if the declaration made for the purposes of section 9B is cancelled at any time before the expiry of that 12 month period, at the time when the declaration is cancelled.

[F34(1A)If a person (“P”) has an anonymous entry in a register maintained by the Chief Electoral Officer for Northern Ireland, P’s entitlement to remain registered terminates at the end of such period of five years or less beginning with the relevant date, as that officer determines in relation to P.

(1B)But if, at any time before the expiry of the period determined under subsection (1A)—

(a)the declaration made for the purposes of section 9B is cancelled, or

(b)the Chief Electoral Officer determines that the safety test is no longer satisfied,

P’s entitlement to remain registered terminates at that time.

(1C)In subsection (1A) “the relevant date” means—

(a)where P’s anonymous entry is the result of an application under section 9B(1)(a), the date when P’s entry in the register first takes effect; or

(b)where P’s anonymous entry is the result of an application under section 9B(1)(b), the date when the Chief Electoral Officer determines under section 9B(2) that the safety test is satisfied.

(1D)Subsection 9B(10) (meaning of “safety test”) applies for the purposes of subsection (1B) (treating references to the applicant for an anonymous entry as references to P).

(1E)A determination under subsection (1A) or (1B) must be made in accordance with regulations.]

(2)[F35This section] does not affect the application of any other provision of this Act or of the Representation of the People Act 1985 which has the effect that the person's entitlement to registration terminates before [F36the time at which it would terminate under this section.]

(3)If a person's entitlement to remain registered terminates by virtue of [F37this section], the registration officer concerned shall remove his entry from the register, unless he is entitled to remain registered with an anonymous entry in pursuance of F38... a further application under section 9B.]

Extent Information

E3S. 9C: the extent of this provision is changed to E.W.S.N.I. at 15.9.2014 as a result of its extension to N.I. by S.I. 2014/1116, art. 2(1)

Textual Amendments

F23Ss. 9B, 9C inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10(1), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 1 (subject to transitional provisions in art. 6, Sch. 2)

F33Words in s. 9C(1) omitted (10.6.2014 for E.W., 15.9.2014 for N.I.) by virtue of Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 8(2) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F38Words in s. 9C(3) omitted (10.6.2014 for E.W., 15.9.2014 for N.I.) by virtue of Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 8(3) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

Modifications etc. (not altering text)

C23S. 9C applied (with modifications) (S.) (8.8.2013) by Scottish Independence Referendum (Franchise) Act 2013 (asp 13), ss. 6, 13(1), sch. 1 Pts. 1, 2 (with s. 13(2))

C24S. 9C applied (with modifications) by The European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001 (S.I. 2001/1184), reg. 9, Sch. Pt. I (as substituted (17.3.2009) by S.I. 2009/726, regs. 1(1), 2(3)(4), Sch.; and as amended (15.9.2014) by S.I. 2014/1803, regs. 1(1), 8(2)(b))

[F399DMaintenance of registers: duty to conduct canvass in Great BritainU.K.

(1)Each registration officer in Great Britain must conduct an annual canvass in relation to the area for which the officer acts.

(2)The purpose of the canvass is to ascertain—

(a)the names and addresses of persons who are entitled to be registered in a register maintained by the officer but who are not registered;

(b)those persons who are registered in such a register but who are not entitled to be registered.

(3)The canvass is to be conducted in a manner to be set out in regulations.

(4)The regulations may confer functions on the Electoral Commission (for example, the Commission may be required to design a canvass form [F40or, except for the purposes of a register of local government electors in Scotland F41... , one or more canvass communications]).

(5)A registration officer may make house to house inquiries for the purposes of the canvass, for example—

(a)to obtain information before sending out a canvass form [F42or communication],

[F43(aa)except for the purposes of a register of local government electors in Scotland F44... , to obtain the information required by a canvass form,]

(b)to supplement information provided on a canvass form [F45or communication], or

(c)to obtain information where no canvass form [F46or communication] is returned.

(6)Nothing in this section applies in relation to—

(a)the registration of persons in respect of residence in penal institutions (within the meaning of section 3) or mental hospitals (within the meaning of section 7) or other places at which persons to whom section 7A applies may be detained,

(b)the registration of persons in pursuance of declarations of local connection, service declarations or overseas electors' declarations, or

(c)the registration of persons with anonymous entries in the register.]

Textual Amendments

F39S. 9D inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), ss. 4, 27(1) (with Sch. 5); S.I. 2014/414, art. 5(d); S.I. 2014/2439, art. 2(c)

Modifications etc. (not altering text)

C25S. 9D: power to modify conferred (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), ss. 7(2), 27(1) (with Sch. 5); S.I. 2014/414, art. 5(f); S.I. 2014/2439, art. 2(e)

C27S. 9D(3) excluded (temp. until 6.7.2018) (E.W.) (30.6.2017) by The Electoral Registration Pilot Scheme (England and Wales) Order 2017 (S.I. 2017/610), arts. 1(1), 4

C28S. 9D(3) excluded (temp. until 6.7.2018) (S.) (30.6.2017) by The Electoral Registration Pilot Scheme (Scotland) Order 2017 (S.I. 2017/605), arts. 1(1), 4

[F479EMaintenance of registers: invitations to register in Great BritainU.K.

(1)A registration officer in Great Britain must give a person an invitation to apply for registration in a register maintained by the officer if—

(a)the officer is aware of the person's name and address,

(b)the person is not registered in the register, and

(c)the officer has reason to believe that the person may be entitled to be registered in the register.

(2)Regulations may make provision about invitations under subsection (1), including—

(a)provision about the form and contents of invitations;

(b)provision about the giving of invitations (for example, provision about the manner in which they must be given or how often they must be given);

(c)provision requiring invitations to be accompanied by, or combined with, application forms or other documents (including partially completed application forms).

(3)Regulations under subsection (2) may confer functions on the Electoral Commission (for example, the Commission may be required to design an invitation).

(4)A registration officer who gives a person an invitation under subsection (1) may subsequently require the person to make an application for registration by a specified date.

(5)A requirement under subsection (4) is of no effect if the person is not entitled to be registered.

(6)Regulations—

(a)may make provision about requirements under subsection (4) (including provision for them to be cancelled in specified circumstances);

(b)may specify steps that a registration officer must take before imposing a requirement.

(7)A registration officer may impose a civil penalty on a person who fails to comply with a requirement imposed by the officer under subsection (4).

[F48(7A)In relation to the registration of local government electors in Scotland, subsection (7) does not apply to a person who was under the age of 16 at the time the requirement was imposed.]

(8)For more about civil penalties under this section, see Schedule ZA1.]

Textual Amendments

F47S. 9E inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), ss. 5(1), 27(1) (with Sch. 5); S.I. 2014/414, art. 5(e); S.I. 2014/2439, art. 2(d)

[F5110 Maintenance of registers: [F49duty to conduct canvass] [F50in Northern Ireland].U.K.

F52(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F53(1A)The Chief Electoral Officer for Northern Ireland must conduct a canvass in Northern Ireland in such years as are determined in accordance with section 10ZA.]

(2)The canvass [F54under subsection F55... (1A)] shall be conducted by reference to residence on 15th October in [F56the year in which it is conducted].

(3)A canvass [F57under this section] shall not, however, be concerned with—

(a)the registration of persons in respect of residence in penal institutions (within the meaning of section 3 above) or mental hospitals (within the meaning of section 7 above) or other places at which persons to whom section 7A above applies may be detained; or

(b)the registration of persons in pursuance of—

(i)declarations of local connection,

(ii)service declarations, or

(iii)overseas electors’ declarations[F58; or

(c)the registration of persons with anonymous entries in the register.]

[F59(4)The form to be used for the purposes of a canvass under this section must [F60comply with such requirements as to its form or content as shall be prescribed by the Secretary of State after having consulted the Electoral Commission].]

[F61(4A)Subject to subsection (4B) below, the information to be obtained by the use of such a form F62... shall include—

(a)the signature of each of the persons in relation to whom the form is completed;

(b)the date of birth of each such person; and

(c)in relation to each such person—

(i)his national insurance number or a statement that he does not have one,

F63(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

(iii)any address in the United Kingdom in respect of which he is or has applied to be registered (other than the address in respect of which the form is completed),

and the power in subsection (4) above to [F64prescribe requirements] includes power to give effect to the requirements of this subsection.

(4B)The Chief Electoral Officer for Northern Ireland may dispense with the requirement mentioned in subsection (4A)(a) above in relation to any person if he is satisfied that it is not reasonably practicable for that person to sign in a consistent and distinctive way because of [F65blindness or any other disability] of his or because he is unable to read.]

[F66(4BA)If requested to do so by the Secretary State for the purposes of making regulations under subsection (4), the Electoral Commission must design a form for the purposes of a canvass under this section.]

(5)In connection with a canvass [F67under this section the Chief Electoral Officer for Northern Ireland] may, for the purpose of—

(a)supplementing the information obtained by the use of any such form, or

(b)where any such form has not been returned, obtaining any information designed to be obtained by the use of the form,

make such house to house inquiries as he thinks fit.

(6)On the conclusion of a canvass [F68under this section the Chief Electoral Officer for Northern Ireland] shall make such alterations in his registers as fall to be made in accordance with section 10A below as a result of the canvass.

(7)In this section “residence” means residence for the purposes of section 4 above.]

Textual Amendments

F50Words in s. 10 heading inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 9(9) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F51Ss. 10, 10A substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) for s. 10 by 2000 c. 2, s. 8(a), Sch. 1 para. 4; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F52S. 10(1) omitted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by virtue of Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 9(2) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F55Words in s. 10(2) omitted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by virtue of Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 9(3) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F57Words in s. 10(3) inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 9(4)(a) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F58S. 10(3)(c) and preceding word inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10(2), 77, Sch. 1 para. 5; S.I. 2006/3412, art. 3, Sch. 1 para. 12(a) (subject to transitional provisions in art. 6, Sch. 2) (amendment extended to N.I. (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 2(2))

F59S. 10(4) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 9(5) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F60Words in s. 10(4) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 13(1)(a), 28(4) (with s. 13(3)(a)(b))

F62Words in s. 10(4A) omitted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by virtue of Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 9(6) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F65Words in s. 10(4B) substituted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 10, 77, Sch. 1 para. 105; S.I. 2006/3412, art. 3, Sch. 1 para. 14(bb)(v) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316), {arts. 2(2)}, 4

F67Words in s. 10(5) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 9(7) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F68Words in s. 10(6) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 9(8) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

Modifications etc. (not altering text)

C29Ss. 10-11 extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I (as amended (16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(5); S.I. 2001/116, art. 2(1) (with art. 2(3)-(5))

C30S. 10 applied (with modifications) (S.) (8.8.2013) by Scottish Independence Referendum (Franchise) Act 2013 (asp 13), ss. 6, 13(1), sch. 1 Pts. 1, 2 (with s. 13(2))

[F6910ZANorthern Ireland: timing of canvassU.K.

(1)A canvass under section 10(1A) must be conducted in—

(a)the year 2010, unless the Secretary of State makes an order providing that the requirement in this paragraph does not apply;

(b)every tenth year following 2010.

(2)A canvass under section 10(1A) must be conducted in an intervening year if—

(a)on or before 15th April in that year, the Chief Electoral Officer for Northern Ireland has made a recommendation in favour of a canvass being conducted in that year for the purpose of meeting the relevant registration objectives, and

(b)the Secretary of State, having considered the recommendation, has notified the Chief Electoral Officer that he is satisfied that the public interest requires a canvass to be conducted for that purpose.

(3)If no canvass under section 10(1A) is conducted before the end of 2015, a canvass must be conducted in 2016.

(4)“Intervening year” means a year other than—

(a)2010,

(b)every tenth year following 2010, and

(c)if no canvass under section 10(1A) is conducted before the end of 2015, 2016.

(5)The Secretary of State may not make an order under subsection (1)(a) unless—

(a)on or before 15th April 2010, the Chief Electoral Officer for Northern Ireland has made a recommendation against a canvass being conducted in the year 2010 for the purpose of meeting the relevant registration objectives, and

(b)the Secretary of State, having considered the recommendation, is satisfied that the public interest does not require a canvass to be conducted for that purpose.

(6)The power to make an order under subsection (1)(a) is exercisable by statutory instrument.

(7)No order is to be made under subsection (1)(a) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

(8)“Recommendation” means a written recommendation to the Secretary of State.]

Textual Amendments

Modifications etc. (not altering text)

C32S. 10ZA extended (Northern Ireland) (with modifications) (1.12.2006) by 1989 c. 3, Sch. 1 (as amended by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 30(1), 31, Sch. 4 para. 7(2)(a); S.I. 2006/2688, art. 3(2)(c))

[F7010ZBThe relevant registration objectives (Northern Ireland)U.K.

(1)The relevant registration objectives are to secure, so far as reasonably practicable—

(a)that every person who is entitled to be registered in a register is registered in it,

(b)that no person who is not entitled to be registered in a register is registered in it, and

(c)that none of the required information relating to any person registered in a register is false.

(2)But, in applying subsection (1), the registrations of the persons mentioned in section 10(3) (registrations with which a canvass is not concerned) must be disregarded.

(3)“Register” means a register maintained by the Chief Electoral Officer for Northern Ireland under section 9.

(4)“The required information” means the following (as appearing in the register or other records of the Chief Electoral Officer)—

(a)the person's name;

(b)the person's qualifying address;

(c)the person's date of birth;

(d)subject to [F71subsection (5)], the person's signature;

(e)the person's national insurance number or a statement that he does not have one.

(5)The required information does not include the person's signature if—

(a)the Chief Electoral Officer has dispensed with the requirement to provide a signature, F72... [F73or]

[F74(aa)the registration was made following an application for registration submitted through the UK digital service.]

F72(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F75(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)“False”, in relation to a signature, means that the signature is not the usual signature of, or was written by a person other than, the person whose signature it purports to be.

[F76(7A)In subsection (5)(aa), “the UK digital service” has the same meaning as in section 10ZF, and the reference to an application for registration submitted through the UK digital service shall be construed in accordance with subsection (4) of that section.]

F77(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

Textual Amendments

F72S. 10ZB(5)(b) and preceding word repealed (2.4.2013) by Electoral Registration and Administration Act 2013 (c. 6), ss. 23(2), 27(1); S.I. 2013/702, art. 3(e)

Modifications etc. (not altering text)

C33S. 10ZB extended (Northern Ireland) (with modifications) (1.12.2006) by 1989 c. 3, Sch. 1 (as amended by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 30(1), 31, Sch. 4 para. 7(2)(a); S.I. 2006/2688, art. 3(2)(c))

[F7810ZCRegistration of electors in Great BritainU.K.

(1)A registration officer in Great Britain must enter a person (“P”) in a register maintained by the officer if—

(a)an application for registration is made by someone who appears to the officer to be P,

(b)any requirements imposed by or under this Act in relation to the application are met, and

(c)P appears to the officer to be entitled to be registered in the register.

(2)In determining an application under this section, the officer must consider any objection made in accordance with the prescribed requirements by another person whose name appears in the register.

(3)Regulations may make provision about the procedure for determining applications under this section.

[F79(4)The power to make regulations under [F80this section—

(a)so far as] it is exercisable by a Minister of the Crown to make provision about a UK digital service in relation to elections in Scotland, is exercisable by the Scottish Ministers concurrently with that Minister[F81, and

(b)so far as it is exercisable by a Minister of the Crown to make provision about a UK digital service in relation to elections in Wales, is exercisable by the Welsh Ministers concurrently with that Minister].

(5)The power of the Scottish Ministers to make regulations by virtue of subsection (4) is exercisable in the same ways and subject to the same provisions as their power to make other regulations under this section, except that—

(a)the power is not exercisable without the agreement of a Minister of the Crown, and

(b)regulations made in exercise of the power are subject to the negative procedure.

[F82(5A)The power of the Welsh Ministers to make regulations by virtue of subsection (4) is not exercisable without the agreement of a Minister of the Crown.

(5B)A statutory instrument containing regulations made by the Welsh Ministers by virtue of subsection (4) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.]

(6)In this section—

  • “election in Scotland” means—

    (a)

    an election for membership of the Scottish Parliament, or

    (b)

    a local government election in Scotland;

  • [F83“election in Wales” means—

    (a)

    an election of Assembly members, or

    (b)

    a local government election in Wales;]

  • “UK digital service” means a digital service provided by a Minister of the Crown for the registration of electors.]]

Textual Amendments

F78S. 10ZC inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), ss. 1(1), 27(1) (with Sch. 5); S.I. 2014/414, art. 5(a); S.I. 2014/2439, art. 2(a)

F79S. 10ZC(4)-(6) inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 6(2), 72(4)(a); S.I. 2017/608, reg. 2(1)(d)

F80Words in s. 10ZC(4) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 7(2)(a), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F81S. 10ZC(4)(b) and preceding word inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 7(2)(b), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F82S. 10ZC(5A)(5B) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 7(3), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F83Words in s. 10ZC(6) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 7(4), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

[F8410ZDRegistration of electors in Great Britain: alterationsU.K.

(1)A registration officer in Great Britain must alter the name or address in respect of which a person (“P”) is registered in a register maintained by the officer if—

(a)an application for alteration is made by someone who appears to the officer to be P,

(b)any requirements imposed by or under this Act in relation to the application are met, and

(c)P appears to the officer to be entitled to be registered in the register in respect of the new name or the new address (as the case may be).

(2)In determining an application under this section, the officer must consider any objection made in accordance with the prescribed requirements by another person whose name appears in the register.

(3)Regulations may make provision about the procedure for determining applications under this section.

[F85(4)The power to make regulations under [F86this section—

(a)so far as] it is exercisable by a Minister of the Crown to make provision about a UK digital service in relation to elections in Scotland, is exercisable by the Scottish Ministers concurrently with that Minister[F87, and

(b)so far as it is exercisable by a Minister of the Crown to make provision about a UK digital service in relation to elections in Wales, is exercisable by the Welsh Ministers concurrently with that Minister].

(5)The power of the Scottish Ministers to make regulations by virtue of subsection (4) is exercisable in the same ways and subject to the same provisions as their power to make other regulations under this section, except that—

(a)the power is not exercisable without the agreement of a Minister of the Crown, and

(b)regulations made in exercise of the power are subject to the negative procedure.

[F88(5A)The power of the Welsh Ministers to make regulations by virtue of subsection (4) is not exercisable without the agreement of a Minister of the Crown.

(5B)A statutory instrument containing regulations made by the Welsh Ministers by virtue of subsection (4) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.]

(6)In this section “election in Scotland”[F89, “election in Wales”] and “UK digital service” have the same meaning as in section 10ZC.]]

Textual Amendments

F85S. 10ZD(4)-(6) inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 6(3), 72(4)(a); S.I. 2017/608, reg. 2(1)(d)

F86Words in s. 10ZD(4) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 7(6)(a), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F87S. 10ZD(4)(b) and preceding word inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 7(6)(b), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F88S. 10ZD(5A)(5B) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 7(7), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F89Words in s. 10ZD(6) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 7(8), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

[F8410ZERemoval of electors in Great Britain from registerU.K.

(1)Where a person is entered in a register in respect of an address in Great Britain, the person is entitled to remain registered until the registration officer concerned determines that—

(a)the person was not entitled to be registered in respect of the address,

(b)the person has ceased to be resident at the address or has otherwise ceased to satisfy the conditions for registration set out in section 4, or

(c)the person was registered as the result of an application under section 10ZC made by some other person or the person's entry has been altered as the result of an application under section 10ZD made by some other person.

(2)Where a person's entitlement to remain registered terminates by virtue of subsection (1), the officer must remove the person's entry from the register.

(3)A registration officer may make house to house inquiries for the purpose of deciding whether or not to make a determination under subsection (1).

(4)Regulations may make provision about the procedure for making determinations under subsection (1), which may include provision requiring an officer to take prescribed steps before making a determination.

(5)A registration officer in Great Britain must consider whether to make a determination under subsection (1) if the officer—

(a)receives an objection to a person's registration in a register maintained by the officer, or

(b)otherwise becomes aware of information that causes the officer to suspect that a condition in subsection (1)(a) to (c) may be met in relation to a person's entry in such a register.

(6)Subsection (5)(a)—

(a)applies only if the objection to the person's registration is made in accordance with the prescribed requirements by someone whose name appears in the register, and

(b)does not apply if the person has an anonymous entry in the register.

(7)Nothing in this section applies in relation to the registration of persons in pursuance of—

(a)applications for registration made by virtue of section 7(2) or 7A(2), or

(b)declarations of local connection, service declarations or overseas electors' declarations.

(8)In this section “resident” means resident for the purposes of section 4.]

Textual Amendments

[F9010ZF.Digital registration in Northern IrelandU.K.

(1)The Minister of the Crown responsible for providing the UK digital service shall have the following functions in connection with providing that service—

(a)acting as an intermediary for the purposes of the receipt of online applications for registration in respect of addresses in Northern Ireland on behalf of the Chief Electoral Officer for Northern Ireland;

(b)the transmission of such applications to the Chief Electoral Officer.

(2)Where it is possible for electronic communications or electronic storage to be used for any of the purposes specified in subsection (3), such communication or storage may, subject to any enactment (including any conditions imposed by any enactment), be used instead of any other form of communication or storage.

(3)The purposes are—

(a)the exercise by the Minister of the Crown responsible for providing the UK digital service of any function conferred on the Minister—

(i)by subsection (1), or

(ii)under paragraph 1A of Schedule 2 in connection with applications for registration in respect of addresses in Northern Ireland;

(b)anything done through the UK digital service in connection with an application for registration in respect of an address in Northern Ireland.

(4)In this section—

  • “electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000;

  • “enactment” includes subordinate legislation;

  • “the UK digital service” means a digital service provided by a Minister of the Crown for the registration of electors, and the reference in subsection (3)(b) to anything done through the UK digital service shall be read as a reference to anything done using that service as an intermediary.]

Textual Amendments

F9210AMaintenance of the registers: registration of electors [F91in Northern Ireland].U.K.

(1)[F93The Chief Electoral Officer for Northern Ireland] shall determine all applications for registration which are—

(a)made to him in accordance with the prescribed requirements, or

(b)treated as made to him by virtue of subsection (2) below.

[F94(1ZA)A person who makes an application for registration in respect of an address in Northern Ireland may submit it through the UK digital service, unless it is an application in pursuance of—

(a)residence determined in accordance with section 6 (residence: merchant seamen),

(b)a declaration of local connection, or

(c)an overseas elector’s declaration.]

[F95(1A)Subject to [F96subsections (1B) and (1C)] below, an application for registration in respect of an address in Northern Ireland shall include—

(a)the signature of each of the persons to whom the application relates;

(b)the date of birth of each such person; and

(c)in relation to each such person—

(i)his national insurance number or a statement that he does not have one,

F97(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

(iii)any other address in the United Kingdom in respect of which he is or has applied to be registered,

and the power in subsection (1) above to prescribe requirements includes power to give effect to the requirements of this subsection.

(1B)The Chief Electoral Officer for Northern Ireland may dispense with the requirement mentioned in subsection (1A)(a) above in relation to any person if he is satisfied that it is not reasonably practicable for that person to sign in a consistent and distinctive way because of [F98blindness or any other disability] of his or because he is unable to read.]

[F99(1C)The requirement mentioned in subsection (1A)(a) does not apply to an application submitted through the UK digital service.]

(2)Where—

(a)in connection with a canvass under section 10 above, the form completed in respect of any address specifies any person as a person who is entitled to be registered in a register, and

(b)that person is not for the time being registered in the register in respect of that address,

he shall be treated as having madeF100. . . an application for registration in the register in respect of that address.

[F101(2A)The application referred to in subsection (2) above shall F102... be treated as made on the 15th October in the year in question.]

(3)[F103The Chief Electoral Officer for Northern Ireland] shall also determine all objections to a person’s registration [F104in Northern Ireland] made in accordance with the prescribed requirements by another person whose name appears in the register in question.

[F105(3A)Subsection (3) above applies to an objection to a person's registration whether the objection is made before or after the person is registered in the register.]

[F106(3B)No objection to a person's registration may be made if the person has an anonymous entry in the register.]

(4)Subsections (1) and (3) above apply to applications and objections [F107in Northern Ireland] asking—

(a)for the omission, insertion or alteration of a date as that on which a person will become of voting age and entitled to registration, or

(b)for the alteration of the qualifying address in respect of which a person is registered,

as they apply to applications for registration and objections to a person’s registration respectively.

(5)[F108Subject to subsection (5A) below,] where F109... a person (“the elector”) is F110. . . entered in a register in respect of any address [F111in Northern Ireland], the elector is entitled to remain registered in the register in respect of that address until such time as [F112the Chief Electoral Officer for Northern Ireland]—

(a)determines, on the conclusion of a canvass under section 10 above, that the elector was not resident at that address on the 15th October in question, or that because—

(i)the form mentioned in section 10(4) above was not returned in respect of that address, or

(ii)for any other reason, insufficient information was obtained as to whether the elector was resident at that address on that date,

[F113the Officer is] unable to satisfy himself that the elector was then so resident at that address, or

[F114(b)determines that the elector was not entitled to be registered in respect of that address or that he has ceased to be resident at that address or has otherwise ceased to satisfy the conditions for registration set out in section 4 above.]

[F115(5A)A person’s name is to be removed from the register in respect of any address if—

(a)the form mentioned in section 10(4) above in respect of that address does not include all the information relating to him required by virtue of section 10(4A) above; or

(b)[F116the Chief Electoral Officer for Northern Ireland] determines that he is not satisfied with the information relating to that person which was included in that form pursuant to that requirement.]

[F117(5B)[F118The Chief Electoral Officer for Northern Ireland] may, for the purpose of obtaining any information relevant to a determination under subsection (5)(b) above, make such house to house inquiries as he thinks fit.]

(6)Where the entitlement of a person to remain registered in a register in respect of any address terminates by virtue of subsection (5) above, [F119or his name is to be removed from it by virtue of subsection (5A) above,] [F120the Chief Electoral Officer for Northern Ireland] shall remove that person’s entry from the register once the officer has satisfied any prescribed requirements applying in relation to the removal of that entry.

(7)Subsection (6) above does not apply if, or to the extent that, regulations so provide in relation to any prescribed circumstances; and regulations may, in particular, authorise [F121the Chief Electoral Officer for Northern Ireland] to retain entries in his registers for the prescribed period if he thinks fit in cases where the form mentioned in section 10(4) above has not been returned in respect of any address.

(8)Nothing in subsection (5)[F122, (5A)] or (6) applies in relation to the registration of persons in pursuance of—

(a)applications for registration made by virtue of section 7(2) or 7A(2) above; or

(b)declarations falling within section 10(3)(b) above.

(9)In this section—

  • “determines” means determines in accordance with regulations;

  • “resident” means resident for the purposes of section 4 above.

  • [F123“the UK digital service” has the same meaning as in section 10ZF, and references to an application submitted through the UK digital service shall be construed in accordance with subsection (4) of that section.]

Textual Amendments

F91Words in s. 10A heading inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 10(12) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F92Ss. 10, 10A substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) for s. 10 by 2000 c. 2, s. 8(a), Sch. 1 para. 4; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F93Words in s. 10A(1) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 10(2) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F98Words in s. 10A(1B) substituted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77, Sch. 1 para. 106; S.I. 2006/3412, art. 3, Sch. 1 para. 14(aa)(bb)(v) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4

F102Words in s. 10A(2A) omitted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by virtue of Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 10(3) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F103Words in s. 10A(3) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 10(4)(a) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F104Words in s. 10A(3) inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 10(4)(b) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F105S. 10A(3A) inserted (1.1.2007 for E.W.S. and 14.5.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 12(4), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(a) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 3

F106S. 10A(3B) inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10, 77, Sch. 1 para. 6(2), Sch. 2; S.I. 2006/3412, art. 3, Sch. 1 paras. 1, 12(a) (subject to transitional provisions in art. 6, Sch. 2) (amendment extended to N.I. (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 2(2))

F107Words in s. 10A(4) inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 10(6) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F109Words in s. 10A(5) repealed (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10, 77, Sch. 1 para. 6(3), Sch. 2; S.I. 2006/3412, art. 3, Sch. 1 paras. 1, 12(a), 13(a) (subject to transitional provisions in art. 6, Sch. 2) (amendment extended to N.I. (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 2(2))

F110Word in s. 10A(5) repealed (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 12(5)(a), 74(2), 77, Sch. 2; S.I. 2006/3412, art. 3, Sch. 1 paras. 13(a), 14(a) (subject to transitional provisions in art. 6, Sch. 2)

F111Words in s. 10A(5) inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 10(7)(a) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F112Words in s. 10A(5) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 10(7)(b) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F113Words in s. 10A(5) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 10(7)(c) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F114S. 10A(5)(b) substituted (1.1.2007 for E.W.S. and 14.5.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 12(5)(b), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(a) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 3

F116Words in s. 10A(5A)(b) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 10(8) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F117S. 10A(5B) inserted (1.1.2007 for E.W.S and 14.5.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 12(6), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(a) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 3

F118Words in s. 10A(5B) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 10(9) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F120Words in s. 10A(6) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 10(10) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F121Words in s. 10A(7) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 10(11) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

Modifications etc. (not altering text)

C34S. 10A extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3), ss. 2, 13(6), Sch.1 Pt. I as amended (16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(5); S.I. 2001/116, art. 2(1) (with art. 2(3)-(5))

C36S. 10A applied (with modifications) (S.) (8.8.2013) by Scottish Independence Referendum (Franchise) Act 2013 (asp 13), ss. 6, 13(1), sch. 1 Pts. 1, 2 (with s. 13(2))

C37S. 10A(2A) applied (with modifications) (E.W.S.) (27.3.2013) by The Electoral Registration (Postponement of 2013 Annual Canvass) Order 2013 (S.I. 2013/794), arts. 1(1), 2(4)

C38S. 10A(5)(a) applied (with modifications) (E.W.S.) (27.3.2013) by The Electoral Registration (Postponement of 2013 Annual Canvass) Order 2013 (S.I. 2013/794), arts. 1(1), 2(5)

C39S. 10A(6) excluded by The Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741), reg. 46B (as inserted (N.I.) (18.7.2013) by S.I. 2013/1846, regs. 1(1), 3(1))

[F12410B.Register of electors in Northern Ireland: digital registration numberU.K.

(1)Where, following receipt of an application for registration in respect of an address in Northern Ireland submitted through the UK digital service, the Chief Electoral Officer for Northern Ireland determines that the applicant is entitled to be registered in the register, the Chief Electoral Officer shall allocate a unique reference number (“a digital registration number”) to the applicant, if no such number has previously been allocated to that person.

(2)Subsection (3) applies—

(a)where a digital registration number has been allocated to an applicant under subsection (1), or

(b)where, following an application for registration in respect of an address in Northern Ireland submitted through the UK digital service by a person to whom a digital registration number has previously been allocated, the Chief Electoral Officer determines that the applicant’s registration in the register is to be amended in accordance with the application.

(3)Where this subsection applies, the Chief Electoral Officer shall send the applicant a notification by post of the digital registration number allocated to that applicant together with an explanation of—

(a)the fact that the digital registration number is required for an application for an absent vote pursuant to section 6(1)(bba)(ii) or 7(1)(bba)(ii) of the Representation of the People Act 1985, and

(b)how a further notification of the digital registration number may be obtained if the applicant requires it.

(4)If, after a notification has been sent to a person under subsection (3) or a further notification issued under subsection (6), the person requires a further notification of the digital registration number the person may apply to the Chief Electoral Officer for Northern Ireland for a further notification of the number.

(5)An application under subsection (4) must set out—

(a)the applicant’s—

(i)name,

(ii)date of birth, and

(iii)national insurance number or a statement that the applicant does not have one (giving the reason why), and

(b)the address in respect of which the applicant is, or has applied to be, registered.

(6)Where the Chief Electoral Officer for Northern Ireland is satisfied that the information contained in an application under subsection (4) corresponds with the information held by the Chief Electoral Officer in relation to the applicant, the Chief Electoral Officer shall issue a further notification of the digital registration number to the applicant.

(7)A further notification under subsection (6) shall be issued by—

(a)giving it to the applicant in person, or

(b)sending it to the applicant—

(i)by post, or

(ii)if the applicant has given an email address in the application for registration, by email to that address.

(8)A notification or further notification by post pursuant to subsection (3) or (7)(b)(i) shall be sent—

(a)in the case of a person who is registered, or has made an application for registration, in pursuance of a service declaration, to the address given on the application form as the person’s present address or, if the Chief Electoral Officer is satisfied the applicant has moved to another address, to that address, or

(b)in any other case, to the address in respect of which the person is, or is entitled to be, registered.

(9)In this section, “the UK digital service” has the same meaning as in section 10ZF, and references to an application for registration submitted through the UK digital service shall be construed in accordance with subsection (4) of that section.]

Textual Amendments

F12511. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F125S. 11 repealed (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, ss. 8(a), 15(2), Sch. 1 para. 5(a), Sch. 7 Pt. I; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F12612. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F126S. 12 repealed (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, ss. 8(a), 15(2), Sch. 1 para. 5(b), Sch. 7 Pt. I; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

[F12713 Publication of registers.U.K.

[F128(1)Each registration officer must for each year publish a revised version of his registers—

(a)if there is a canvass in his area in that year, during the period starting with the end of the canvass in that year and ending with 1st December in that year or such later date as may be prescribed, or

(b)if (in Northern Ireland) there is no canvass in that year, on 1st December in that year or by such later date as may be prescribed.]

[F129(1A)Subsection (1)(a) above has effect, in the case of a registration officer acting for an area in which (or in part of which) an election to which section 13B below applies is held during the period—

(a)starting with 1st July in the year in question, and

(b)ending with 1st December in that year,

as if for “1st December in that year” there were substituted 1st February in the following year.]

(2)The revised versions of the registers shall incorporate—

(a)all the alterations which are required to be made in them as mentioned in section 10(6) above; and

(b)any alterations which are required to be made by virtue of section 13A(3) [F130or (3A)] below.

(3)A registration officer may in addition, if he thinks fit, publish a revised version of either of his registers at any time between—

(a)the time when the register was last published in accordance with subsection (1) above, and

(b)the time when it is due to be next so published;

and a registration officer proposing to publish a revised version of a register in accordance with this subsection must publish notice of his intention to do so by such time and in such manner as may be prescribed.

(4)When revising a register for publication under this section the registration officer shall make such changes affecting the electoral numbers of persons registered in the register as he considers necessary in order to comply with section 9(4) above.

(5)Where a revised version of a register is published at any time under this section, the register has effect in the form in which it is so published as from that time until the time when—

(a)a revised version is next so published, or

(b)if earlier, any alteration to the register takes effect under [F131any of sections 13A to [F13213BC]] below.

(6)Any reference in this section or section 13A below to the publication of a revised version of the register is to its publication in accordance with regulations made in pursuance of paragraphs 10A and 10B(1)(a) of Schedule 2 to this Act.]

Textual Amendments

F127Ss. 13-13B substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) for s. 13 by 2000 c. 2, s. 8(a), Sch. 1 para. 6; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F130Words in s. 13(2)(b) inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 11(2) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F132Word in s. 13(5)(b) substituted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 2 para. 2; S.I. 2016/290, reg. 2

Modifications etc. (not altering text)

C40S. 12-17 extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I (as amended (16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(5); S.I. 2001/116, art. 2(1) (with art. 2(3)-(5)))

C41S. 13 applied (with modifications) (E.W.) (16.2.2001) by S.I. 2001/341, reg. 13(4)(5), Sch. 4 Pt. I

S. 13 applied (with modifications) (N.I.) (16.2.2001) by S.I. 2001/400, reg. 13(3)(4), Sch. 4 Pt. I

S. 13 applied (with modifications) (9.4.2001) by S.I. 2001/1184, reg. 9, Sch. Pt. I (as substituted (17.3.2009) by S.I. 2009/726, regs. 1(1), 2(3)(4), Sch.)

[F13313A Alteration of registers.U.K.

(1)This section applies where, at any time (“the relevant time”) after the publication of a revised version of a register by a registration officer under section 13 above, the registration officer—

[F134(za)is required by section 10ZC(1) to enter a person in the register;

(zb)is required by section 10ZD(1) to alter a person's entry in the register;]

(a)on an application for registration [F135in Northern Ireland] being made by any person in accordance with the prescribed requirements, determines that that person is entitled to be so registered;

(b)is required, by virtue of any provision of this Part of this Act, to remove a person’s entry from the register;

(c)is notified of any decision on an appeal by virtue of section 56 [F136or 58] below which requires any such alteration in the register as is mentioned in subsection (4) of that section; or

(d)determines that the register contains any clerical error [F137or, in the case of a registration officer in Great Britain, determines that the register contains any information that is incorrect].

(2)In such a case the registration officer shall (subject to subsection (3) below) issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and—

(a)the notice shall be so issued by him—

(i)on the first day of the month which follows that in which the relevant time falls, or

(ii)if that day is less than 14 days after that time, on the first day of the month immediately following that month; and

(b)(subject to [F138sections 13B(1) and 13BA(1)] below) the alteration in question shall have effect as from the beginning of the day on which the notice is issued.

[F139(2ZA)A person who makes an application under subsection (1)(a) in respect of an address in Northern Ireland may submit it through the UK digital service, unless it is an application in pursuance of—

(a)residence determined in accordance with section 6 (residence: merchant seamen),

(b)a declaration of local connection, or

(c)an overseas elector’s declaration.]

[F140(2A)Subject to [F141subsections (2B) and (2C)] below, an application for registration under subsection (1)(a) above in respect of an address in Northern Ireland shall include—

(a)the signature of each of the persons to whom the application relates;

(b)the date of birth of each such person; and

(c)in relation to each such person—

(i)his national insurance number or a statement that he does not have one,

F142(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

(iii)any other address in the United Kingdom in respect of which he is or has applied to be registered,

and the power in subsection (1)(a) above to prescribe requirements includes power to give effect to the requirements of this subsection.

(2B)The Chief Electoral Officer for Northern Ireland may dispense with the requirement mentioned in subsection (2A)(a) above in relation to any person if he is satisfied that it is not reasonably practicable for that person to sign in a consistent and distinctive way because of any incapacity of his or because he is unable to read.]

[F143(2C)The requirement mentioned in subsection (2A)(a) does not apply to an application submitted through the UK digital service.]

(3)Subsection (2) above does not require a registration officer to issue a notice under that subsection in a case where (apart from this subsection) that subsection would require the notice to be issued—

(a)at the beginning of the month containing the date on which a revised version of the register is next due to be published in accordance with section 13(1) or (3) above, or

(b)at the beginning of either of the two months preceding that containing the date on which a revised version of the register is next due to be published in accordance with [F144section 13(1)(a)] above,

and in such a case the alteration in question shall be made in that revised version of the register.

[F145(3A)Subsection (2)(a)(ii) also does not require a registration officer in Great Britain to issue a notice under subsection (2) in a case where the month which follows that in which the relevant time falls is the month containing the date on which a revised version of the register is next due to be published in accordance with section 13(1)(a); and in such a case the alteration in question shall be made in that revised version of the register.]

(4)Subsection (2) above also does not require a registration officer to issue a notice under that subsection in a case where section [F14613AB(2),] 13B(3)[F147, (3B) or (3D)][F148, 13BA(3), (6) or (9) or 13BC(3) or (6)] below requires him to issue a notice under that provision.

(5)No alteration affecting a published version of a register of electors shall be made otherwise than in accordance with [F149this section, section [F15013AB,] [F151section 13B[F152, section 13BA or section 13BC] below]].

(6)For the purposes of subsection (1) above “determines” means determines in accordance with regulations; and section 119 below shall apply for the purposes of subsection (2)(a) above as if it were contained in Part II of this Act.

[F153(7)In this section, “the UK digital service” has the same meaning as in section 10ZF, and references to an application submitted through the UK digital service shall be construed in accordance with subsection (4) of that section.]]

Textual Amendments

F133Ss. 13-13B substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) for s. 13 by 2000 c. 2, s. 8(a), Sch. 1 para. 6; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F134S. 13A(1)(za)(zb) inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 12(2)(a) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F135Words in s. 13A(1)(a) inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 12(2)(b) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F137Words in s. 13A(1)(d) inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 1 para. 3 (with Sch. 5); S.I. 2014/414, art. 5(k); S.I. 2014/2439, art. 2(j)

F145S. 13A(3A) inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 12(3) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F147Words in s. 13A(4) inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 11(6), 77, Sch. 1 para. 32; S.I. 2006/3412, art. 3, Sch. 1 paras. 2, 12(b) (subject to transitional provisions in art. 6, Sch. 2)

F148Words in s. 13A(4) substituted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 2 para. 3(2); S.I. 2016/290, reg. 2

F151Words in s. 13A(5) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 12(4) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F152Words in s. 13A(5) substituted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 2 para. 3(3); S.I. 2016/290, reg. 2

Modifications etc. (not altering text)

C48Ss. 13-13B extended (N.I.) (with modifications) by Elected Authorites (Northern Ireland) Act 1989 (c. 3 SIF 42), ss. 2, 13(6), Sch. 1 Pt. I as amended (16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(5); S.I. 2001/116, art. 2(1) (with art. 2(3)-(5))

C49S. 13A applied (with modifications) (E.W.) (16.2.2001) by S.I. 2001/341, reg. 13(4)(5), Sch. 4 Pt. I

S. 13A applied (with modifications) (N.I.) (16.2.2001) by S.I. 2001/400, reg. 13(3)(4), Sch. 4 Pt. I

S. 13A applied (with modifications) (9.4.2001) by S.I. 2001/1184, reg. 9, Sch. Pt. I (as substituted (17.3.2009) by S.I. 2009/726, regs. 1(1), 2(3)(4), Sch.)

C50S. 13A excluded (N.I.) (24.2.2005) (temp. until 23.2.2006) by Electoral Registration (Northern Ireland) Act 2005 (c. 1), ss. 1(3), 3(1) (subject to s. 3(2))

C52S. 13A applied (with modifications) (S.) (8.8.2013) by Scottish Independence Referendum (Franchise) Act 2013 (asp 13), ss. 6, 13(1), sch. 1 Pts. 1, 2 (with s. 13(2))

[F15413AB Alteration of registers: interim publication datesU.K.

(1)Subsections (2) and (3) apply in relation to an interim publication date where—

(a)at any time before the interim publication date, section 13A applies to a registration officer (by virtue of section 13A(1)) in connection with a determination, requirement or decision within section 13A(1)(za), (zb), (b), (c) or (d),

(b)in consequence of the determination, requirement or decision an entry relating to a person falls to be made in (or removed from) the register in respect of an address in the relevant election area, and

(c)no alteration made in consequence of the determination, requirement or decision has already taken effect, or is due to take effect, under a relevant provision on or before the interim publication date.

(2)On the interim publication date the registration officer must issue, in the prescribed manner, a notice specifying the appropriate alteration in the register.

(3)The alteration takes effect from the beginning of the interim publication date.

(4)There are two interim publication dates (in relation to a registration officer and an election to which this section applies).

(5)The first interim publication date is the last day on which nomination papers may be delivered to the returning officer for the purposes of the election.

(6)The second interim publication date is to be determined by the registration officer, but must be a day after the first interim publication date and before the appropriate publication date.

(7)In subsection (1)(c) “relevant provision” means—

(a)in relation to the first interim publication date, section 13A(2) [F155or 13BC(3) or (6)];

[F156(b)in relation to the second interim publication date—

(i)section 13A(2);

(ii)section 13BC(3) or (6);

(iii)subsection (3) of this section as it applies in relation to the first interim publication date.]

[F157(7A)In determining for the purposes of subsection (1)(c) whether an alteration made in consequence of the determination, requirement or decision is due to take effect under section 13BC(3) on or before the interim publication date, the reference to section 13AB in section 13BC(2) is to be disregarded.]

(8)This section applies to—

(a)parliamentary elections in England, Wales or Scotland;

(b)elections in England, Wales or Scotland to the European Parliament;

(c)elections to the Scottish Parliament;

(d)elections to the National Assembly for Wales;

(e)local government elections in England, Wales or Scotland;

(f)elections of police and crime commissioners in England and Wales.

(9)Subsections (5) and (6) of section 13B apply for the purposes of this section as they apply for the purposes of that section.

[F158(10)Subsection (2) does not require a registration officer to issue a notice under that subsection in a case where section 13BC(3) or (6) requires the officer to issue a notice under that provision at an earlier time.]]

Textual Amendments

F155Words in s. 13AB(7)(a) inserted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 2 para. 4(2); S.I. 2016/290, reg. 2

Modifications etc. (not altering text)

C55S. 13AB applied (with modifications) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 8, 12, 13, Sch. 4 Pt. 1 Table 1 (as amended (6.4.2014) by S.I. 2014/333, regs. 1(6), 9(1) (with reg. 1(7)))

C56S. 13AB applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 1 para. 4(1) (with Sch. 1 para. 1(3))

F15913B Alteration of registers: pending elections.E+W+S

[F160(1)If, by virtue of section 13A(2) above [F161or section 13BC(3) or (6) below], an alteration in a published version of a register is to take effect after the fifth day before the date of the poll for an election to which this section applies, the alteration does not have effect for the purposes of the election.]

[F162(2)Subsection (3) below applies where—

(a)at any time before the appropriate publication date in the case of an election to which this section applies, section 13A above applies to a registration officer, by virtue of subsection (1) of that section, in connection with a determination, requirement or decision falling within any of [F163paragraphs (za), (zb), (b), (c) and (d)] of that subsection;

(b)in consequence of the determination, requirement or decision an entry relating to a person falls to be made in (or removed from) the register in respect of an address in the relevant election area; and

(c)no alteration made in consequence of the determination, requirement or decision—

(i)has already taken effect, or

(ii)is due to take effect,

under subsection (2) of that section[F164, or under section 13AB(3) or section 13BC(3) or (6),] on or before the fifth day before the date of the poll.]

(3)In such a case the registration officer shall issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and—

(a)the notice shall be so issued by him on the appropriate publication date; and

(b)the alteration shall take effect as from the beginning of that day.

[F165(3ZA)In determining for the purposes of subsection (2)(c) whether an alteration made in consequence of the determination, requirement or decision is due to take effect under section 13BC(3) on or before the fifth day before the date of the poll, the reference to section 13B in section 13BC(2) is to be disregarded.

(3ZB)Subsection (3) does not require a registration officer to issue a notice under that subsection in a case where section 13BC(3) or (6) requires the officer to issue a notice under that provision at an earlier time.]

[F166(3A)Subsection (3B) below applies where—

(a)at any time on or after the appropriate publication date in the case of an election to which this section applies but before the prescribed time on the day of the poll, section 13A above applies to a registration officer, by virtue of subsection (1) of that section, in connection with a notification mentioned in paragraph (c) of that subsection; and

(b)in consequence of the notification—

(i)an entry relating to that person falls to be made in the register in respect of an address in the relevant election area, or

(ii)his entry in the register requires to be altered.

(3B)In such a case the registration officer shall issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and—

(a)the notice shall be so issued by him when he receives the notification; and

(b)the alteration shall take effect as from the beginning of the day on which the notice is issued.

(3C)Subsection (3D) below applies where—

(a)at any time on or after the appropriate publication date in the case of an election to which this section applies but before the prescribed time on the day of the poll, section 13A above applies to a registration officer, by virtue of subsection (1) of that section, in connection with a determination falling within paragraph (d) of that subsection;

(b)the determination was made following a representation made by or on behalf of a person to the registration officer; and

(c)in consequence of the determination—

(i)an entry relating to that person falls to be made in the register in respect of an address in the relevant election area, or

(ii)his entry in the register requires to be altered.

(3D)In such a case the registration officer shall issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and—

(a)the notice shall be so issued by him when he makes the determination; and

(b)the alteration shall take effect as from the beginning of the day on which the notice is issued.

(3E)In subsection (3C)(b) above, “representation” means a representation made in accordance with prescribed requirements to the effect that the register contains a clerical error.]

(4)This section applies to the following elections—

(a)parliamentary elections [F167in England, Wales or Scotland],

(b)elections [F168in England, Wales or Scotland] to the European Parliament,

(c)elections to the Scottish Parliament,

(d)elections to the National Assembly for Wales, F169...

F170(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)local government elections in England, Wales or Scotland [F171and

(g)elections of police and crime commissioners in England and Wales].

(5)In this section—

  • “the appropriate publication date”, in relation to a registration officer and an election to which this section applies, means either the sixth or the fifth day before the date of the poll, as the registration officer may determine;

  • “the final nomination day”, in relation to such an election, means the last day on which nomination papers may be delivered to the returning officer for the purposes of the election;

  • “the relevant election area”, in relation to a registration officer and such an election, means—

    (a)

    the area for which the registration officer acts, or

    (b)

    if the election is held in only part of that area, the part of that area in question.

(6)Section 119 below shall apply for the purposes of this section as if—

(a)it were contained in Part II of this Act; and

(b)each of the days referred to in this section were the day on which anything is required or permitted to be done by or in pursuance of that Part of this Act.

Extent Information

E4This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F159Ss. 13-13B substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) for s. 13 by 2000 c. 2, s. 8(a), Sch. 1 para. 6; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F160S. 13B(1) substituted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 11(2), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 2 (subject to transitional provisions in art. 6, Sch. 2)

F162S. 13B(2) substituted (E.W.S) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 11(3), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 2 (subject to transitional provisions in art. 6, Sch. 2)

F163Words in s. 13B(2)(a) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 13 (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F164Words in s. 13B(2)(c) substituted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 2 para. 5(3); S.I. 2016/290, reg. 2

F166S. 13B(3A)-(3E) inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 11(4), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 2 (subject to transitional provisions in art. 6, Sch. 2)

Modifications etc. (not altering text)

C58Ss. 13-13B extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3 SIF 42), ss. 2, 13(6), Sch. 1 Pt. I as amended (16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(5); S.I. 2001/116, art. 2(1) (with art. 2(3)-(5))

C59S. 13B applied (with modifications) (E.W.) (16.2.2001) by S.I. 2001/341, reg. 13(4)(5), Sch. 4 Pt. I

S. 13B applied (with modifications) (N.I.) (16.2.2001) by S.I. 2001/400, reg. 13(3)(4), Sch. 4 Pt. I

S. 13B applied (with modifications) (E.) (2.4.2001) by S.I. 2001/1298, regs. 8(1), 10(4), Sch. 3 Table 2 (subject to regs. 9-12, 15-17, 20, 25)

S. 13B applied (with modifications) (9.4.2001) by S.I. 2001/1184, reg. 9, Sch. Pt. I (as substituted (17.3.2009) by S.I. 2009/726, regs. 1(1), 2(3)(4), Sch.)

S. 13B applied (with modifications) (W.) (24.3.2004) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 (S.I. 2004/870), reg. 8, {Sch. 3 Table 2} (which S.I. was revoked (24.7.2008) by S.I. 2008/1848)

S. 13B applied (with modifications) (E.) (28.7.2007) by The Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), regs. 8, 11, 13, {Sch. 4 Table 1}

C60S. 13B applied (with modifications) (W.) (24.7.2008) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848), reg. 8, {Sch. 4 para. 1 Table 1}

C65S. 13B applied (with modifications) (E.) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1

C66S. 13B applied (with modifications) (S.) (8.8.2013) by Scottish Independence Referendum (Franchise) Act 2013 (asp 13), ss. 6, 13(1), sch. 1 Pts. 1, 2 (with s. 13(2))

C67S. 13B applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 1 para. 4(2) (as substituted (9.6.2016) by S.I. 2016/636, regs. 1, 3(3))

C68S. 13B(2)-(6) applied (with modifications) (S.) (18.12.2013) by Scottish Independence Referendum Act 2013 (asp 14), s. 36, sch. 2 para. 17(3)

F15913B Alteration of registers: pending elections.N.I.

(1)An alteration in a published version of a register of electors which takes effect under section 13A(2) above after the final nomination day in the case of an election to which this section applies shall not have effect for the purposes of that election unless the alteration—

(a)is made in consequence of a decision or determination falling within section 13A(1)(c) or (d) above; and

(b)takes effect on or before the fifth day before the date of the poll.

(2)Subsection (3) below applies where—

(a)at any time before the appropriate publication date in the case of an election to which this section applies, section 13A above applies to a registration officer, by virtue of subsection (1) of that section, in connection with a decision or determination—

(i)falling within subsection (1)(c) or (d) of that section, and

(ii)in consequence of which a person’s name falls to be entered in (or removed from) the register in respect of an address in the relevant election area; and

(b)no alteration made in consequence of that decision or determination—

(i)has already taken effect, or

(ii)is due to take effect,

under subsection (2) of that section on or before the fifth day before the date of the poll.

(3)In such a case the registration officer shall issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and—

(a)the notice shall be so issued by him on the appropriate publication date; and

(b)the alteration shall take effect as from the beginning of that day.

(4)This section applies to the following elections—

(a)parliamentary elections [F167in England, Wales or Scotland] ,

(b)elections [F168in England, Wales or Scotland] to the European Parliament,

(c)elections to the Scottish Parliament,

(d)elections to the National Assembly for Wales, F169...

F170(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)local government elections in England, Wales or Scotland [F171and

(g)elections of police and crime commissioners in England and Wales].

(5)In this section—

  • “the appropriate publication date”, in relation to a registration officer and an election to which this section applies, means either the sixth or the fifth day before the date of the poll, as the registration officer may determine;

  • “the final nomination day”, in relation to such an election, means the last day on which nomination papers may be delivered to the returning officer for the purposes of the election;

  • “the relevant election area”, in relation to a registration officer and such an election, means—

    (a)

    the area for which the registration officer acts, or

    (b)

    if the election is held in only part of that area, the part of that area in question.

(6)Section 119 below shall apply for the purposes of this section as if—

(a)it were contained in Part II of this Act; and

(b)each of the days referred to in this section were the day on which anything is required or permitted to be done by or in pursuance of that Part of this Act.

Extent Information

E5This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F159Ss. 13-13B substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) for s. 13 by 2000 c. 2, s. 8(a), Sch. 1 para. 6; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

Modifications etc. (not altering text)

C58Ss. 13-13B extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3 SIF 42), ss. 2, 13(6), Sch. 1 Pt. I as amended (16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(5); S.I. 2001/116, art. 2(1) (with art. 2(3)-(5))

C59S. 13B applied (with modifications) (E.W.) (16.2.2001) by S.I. 2001/341, reg. 13(4)(5), Sch. 4 Pt. I

S. 13B applied (with modifications) (N.I.) (16.2.2001) by S.I. 2001/400, reg. 13(3)(4), Sch. 4 Pt. I

S. 13B applied (with modifications) (E.) (2.4.2001) by S.I. 2001/1298, regs. 8(1), 10(4), Sch. 3 Table 2 (subject to regs. 9-12, 15-17, 20, 25)

S. 13B applied (with modifications) (9.4.2001) by S.I. 2001/1184, reg. 9, Sch. Pt. I (as substituted (17.3.2009) by S.I. 2009/726, regs. 1(1), 2(3)(4), Sch.)

S. 13B applied (with modifications) (W.) (24.3.2004) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 (S.I. 2004/870), reg. 8, {Sch. 3 Table 2} (which S.I. was revoked (24.7.2008) by S.I. 2008/1848)

S. 13B applied (with modifications) (E.) (28.7.2007) by The Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), regs. 8, 11, 13, {Sch. 4 Table 1}

C65S. 13B applied (with modifications) (E.) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1

C66S. 13B applied (with modifications) (S.) (8.8.2013) by Scottish Independence Referendum (Franchise) Act 2013 (asp 13), ss. 6, 13(1), sch. 1 Pts. 1, 2 (with s. 13(2))

C67S. 13B applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 1 para. 4(2) (as substituted (9.6.2016) by S.I. 2016/636, regs. 1, 3(3))

[F17213BAAlteration of registers in Northern Ireland: pending electionsU.K.

(1)An alteration in a published version of a register of electors which takes effect under section 13A(2) [F173or section 13BC(3) or (6)] after the final nomination day in the case of an election to which this section applies is of no effect for the purposes of that election unless the alteration—

(a)is made in consequence of a decision or determination falling within section 13A(1)(c) or (d), and

(b)takes effect on or before the fifth day before the date of the poll.

(2)Subsection (3) applies if—

(a)at any time before the appropriate publication date in the case of an election to which this section applies, section 13A applies to the Chief Electoral Officer for Northern Ireland (by virtue of section 13A(1)) in connection with a determination or requirement falling within section 13A(1)(a) or (b), and

(b)no alteration made in consequence of that determination or requirement—

(i)has already taken effect, or

(ii)is due to take effect,

under section 13A(2)[F174, or section 13BC(3),] on or before the final nomination day.

(3)If, no later than the prescribed date, the Chief Electoral Officer is supplied with such additional material supporting the alteration as is prescribed, he must, on the appropriate publication date, issue a notice specifying the appropriate alteration in the register.

[F175(3A)In determining for the purposes of subsection (2)(b) whether an alteration made in consequence of the determination or requirement is due to take effect under section 13BC(3) on or before the final nomination day, the reference to section 13BA in section 13BC(2) is to be disregarded.

(3B)Subsection (3) does not require the Chief Electoral Officer to issue a notice under that subsection in a case where section 13BC(3) requires the officer to issue a notice under that provision at an earlier time.]

F176(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Subsection (6) applies if—

(a)at any time before the appropriate publication date in the case of an election to which this section applies, section 13A applies to the Chief Electoral Officer for Northern Ireland (by virtue of section 13A(1)) in connection with a decision or determination falling within section 13A(1)(c) or (d), and

(b)no alteration made in consequence of that decision or determination—

(i)has already taken effect, or

(ii)is due to take effect,

under section 13A(2)[F177, or section 13BC(3) or (6),] on or before the fifth day before the date of the poll.

(6)The Chief Electoral Officer must, on the appropriate publication date, issue a notice specifying the appropriate alteration in the register.

[F178(6A)In determining for the purposes of subsection (5)(b) whether an alteration made in consequence of the decision or determination is due to take effect under section 13BC(3) on or before the fifth day before the date of the poll, the reference to section 13BA in section 13BC(2) is to be disregarded.

(6B)Subsection (6) does not require the Chief Electoral Officer to issue a notice under that subsection in a case where section 13BC(3) or (6) requires the officer to issue a notice under that provision at an earlier time.]

(7)Subsection (9) applies if—

(a)at any time on or after the appropriate publication date in the case of an election to which this section applies but before the prescribed time on the day of the poll, section 13A applies to the Chief Electoral Officer for Northern Ireland (by virtue of section 13A(1)), in connection with a notification mentioned in section 13A(1)(c), and

(b)in consequence of the notification—

(i)an entry relating to that person falls to be made in the register in respect of an address in the relevant election area, or

(ii)his entry in the register needs to be altered.

(8)Subsection (9) also applies if—

(a)at any time on or after the appropriate publication date in the case of an election to which this section applies but before the prescribed time on the day of the poll, section 13A applies to the Chief Electoral Officer for Northern Ireland (by virtue of section 13A(1)), in connection with a determination falling within section 13A(1)(d),

(b)the determination was made following a representation made by or on behalf of a person to the Chief Electoral Officer, and

(c)in consequence of the determination—

(i)an entry relating to that person falls to be made in the register in respect of an address in the relevant election area, or

(ii)his entry in the register needs to be altered.

(9)The Chief Electoral Officer must, when—

(a)he receives the notification referred to in subsection (7), or

(b)he makes the determination referred to in subsection (8),

issue a notice specifying the appropriate alteration in the register.

(10)In subsection (8)(b), “representation” means a representation made in accordance with prescribed requirements to the effect that the register contains a clerical error.

(11)A notice under subsection (3), (6) or (9)—

(a)is to be issued in the prescribed manner, and

(b)takes effect from the beginning of the day on which it is issued.

(12)This section applies to—

(a)parliamentary elections in Northern Ireland,

(b)elections in Northern Ireland to the European Parliament, and

(c)elections to the Northern Ireland Assembly.

(13)Subsections (5) and (6) of section 13B apply for the purposes of this section as they apply for the purposes of that section.]

Textual Amendments

F174Words in s. 13BA(2)(b) inserted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 2 para. 6(3); S.I. 2016/290, reg. 2

F177Words in s. 13BA(5)(b) inserted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 2 para. 6(5); S.I. 2016/290, reg. 2

Modifications etc. (not altering text)

C70S. 13BA extended (Northern Ireland) (with modifications) (14.5.2008) by 1989 c. 3, Sch. 1 (as amended by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 30(1), 31, Sch. 4 para. 7(2)(b); S.I. 2008/1318, art. 2)

C71S. 13BA applied (with modifications) by S.I. 2001/1184, reg. 9, Sch. Pt. I (as substituted (17.3.2009) by S.I. 2009/726, regs. 1(1), 2(3)(4), Sch.)

C72S. 13BA applied (with modifications) by S.I. 2001/2599, art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3, Sch. 1)

C74S. 13BA applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 1 para. 5 (with Sch. 1 para. 1(3)) (as amended (9.6.2016) by S.I. 2016/636, regs. 1, 3(4))

C75S. 13BA(9) applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), regs. 1, 39(12)

F17913BBElection falling within canvass periodU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F179S. 13BB omitted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by virtue of Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 14 (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

[F18013BCAlteration of registers: recall petitionU.K.

(1)This section applies if—

(a)a Speaker's notice is given in relation to a recall petition in respect of an MP under the Recall of MPs Act 2015 (“the 2015 Act”), and

(b)a day is designated in relation to that petition under section 7(1)(b) of that Act (first day of the signing period).

(2)Subsection (3) applies where—

(a)at any time before the cut-off day, section 13A applies to a registration officer, by virtue of subsection (1) of that section, in connection with—

(i)a requirement or determination falling within paragraph (za) or (a) of that subsection in respect of a qualifying application for registration,

(ii)a requirement falling within paragraph (zb) of that subsection in respect of an entry in the register resulting from a qualifying application for registration, or

(iii)a requirement, decision or determination falling within any of paragraphs (b) to (d) of that subsection,

(b)in consequence of the requirement, determination or decision, an entry relating to a person falls to be made or altered in, or removed from, the relevant register,

(c)no alteration made in consequence of the requirement, determination or decision has already taken effect, or is due to take effect, under section 13A, 13AB, 13B or 13BA on or before the cut-off day, and

(d)if the relevant register is for a constituency in Northern Ireland, the Chief Electoral Officer for Northern Ireland is supplied on or before the prescribed date with such additional material as is prescribed supporting the appropriate alteration in the register.

(3)In such a case—

(a)the registration officer must issue, in the prescribed manner on the cut-off day, a notice specifying the appropriate alteration in the register, and

(b)subject to sections 13B(1) and 13BA(1), the alteration is to take effect as from the beginning of the day on which the notice is issued.

(4)In determining for the purposes of subsection (2)(c) whether an alteration made in consequence of the requirement, determination or decision is due to take effect under section 13AB, 13B or 13BA on or before the cut-off day, the references to section 13BC(3) in section 13AB(7), 13B(2) and 13BA(2) and (5) are to be disregarded.

(5)Subsection (6) applies where—

(a)at any time on or after the cut-off day but before the prescribed time on the last day of the signing period, section 13A applies to a registration officer, by virtue of subsection (1) of that section, in connection with—

(i)a notification mentioned in paragraph (c) of that subsection, or

(ii)a determination falling within paragraph (d) of that subsection, and

(b)in consequence of the notification or determination, an entry relating to a person falls to be made or altered in, or removed from, the relevant register.

(6)In such a case—

(a)the registration officer must issue, in the prescribed manner and on the appropriate day, a notice specifying the appropriate alteration in the register, and

(b)subject to sections 13B(1) and 13BA(1), the alteration is to take effect as from the beginning of the day on which the notice is issued.

(7)“The appropriate day” means—

(a)in a case falling within subsection (5)(a)(i), the day when the registration officer receives the notification referred to in that provision (or, if that is not a working day, the next working day);

(b)in a case falling within subsection (5)(a)(ii), the day when the registration officer makes the determination referred to in that provision (or, if that is not a working day, the next working day).

(8)If the petition officer in relation to the recall petition receives a notice under section 13(6) of the 2015 Act (early termination of recall petition process), this section ceases to apply in the case of that petition.

(9)But if, at the time when that notice is so received—

(a)the registration officer is under a duty under subsection (3) or (6) of this section to issue a notice, but

(b)has not yet issued the notice,

the registration officer remains under that duty to issue the notice at the time at which it would have been required to be issued if subsection (8) had not applied.

(10)In this section—

(a)“the cut-off day” means the 3rd working day before the beginning of the signing period,

(b)“qualifying application for registration” means an application for registration that—

(i)is made on or before the day on which the Speaker's notice is given, or

(ii)is treated as made by virtue of section 10A(2) (return of canvass form treated as application for registration) in respect of a form returned on or before that day,

(c)“relevant register” means the register of parliamentary electors for the MP's constituency,

(d)the following expressions have the same meaning as in the 2015 Act: “MP”, “petition officer”, “recall petition”, “the signing period”, “Speaker's notice” and “working day” (see section 22 of that Act), and

(e)any reference to a notice given under the 2015 Act or the time at which such a notice is given has the same meaning as in that Act.]

Textual Amendments

F180S. 13BC inserted (26.3.2015 for specified purposes, 4.3.2016 in so far as not already in force) by Recall of MPs Act 2015 (c. 25), s. 24(2)(c), Sch. 2 para. 7; S.I. 2016/290, reg. 2

[F18113C Electoral identity card: Northern IrelandN.I.

(1)This section applies where a person makes an application in accordance with any prescribed requirements to the Chief Electoral Officer for Northern Ireland for an electoral identity card.

(2)Regulations may provide for—

(a)the descriptions of person who may make such an application; and

(b)the form in which such an application is to be made.

(3)The Chief Electoral Officer shall determine such an application and, if he is satisfied that the information given by the applicant is correct, he shall issue an electoral identity card to the applicant free of charge.

(4)The electoral identity card issued to an applicant shall—

(a)state his full name and date of birth,

(b)bear his photograph,

(c)indicate when the card ceases to be current, and

(d)include such other information and be in such form as the Chief Electoral Officer shall determine.

(5)For the purposes of subsection (4) above and rule 37(1E) in Schedule 1 to this Act (specified documents), an electoral identity card becomes current on the date of its issue and ceases to be so on the expiry of the period of 10 years beginning with that date.

(6)Any expenses properly incurred by the Chief Electoral Officer in the performance of his functions under this section shall be treated as registration expenses of his for the purposes of this Act.

(7)In this section “determine” means determine in accordance with regulations (if any).]

Textual Amendments

Modifications etc. (not altering text)

C76S. 13C applied (with modifications) by S.I. 2001/1184, reg. 9, Sch. Pt. I (as substituted (17.3.2009) by S.I. 2009/726, regs. 1(1), 2(3)(4), Sch.)

[F18213CZAProvision of false information: application for electoral identity cardN.I.

(1)A person who provides false information in connection with an application for an electoral identity card is guilty of an offence.

(2)In relation to a signature, “false information” for the purposes of subsection (1) means a signature which—

(a)is not the usual signature of, or

(b)was written by a person other than,

the person whose signature it purports to be.

(3)A person does not commit an offence under subsection (1) if the person did not know, and had no reason to suspect, that the information was false.

(4)Where sufficient evidence is adduced to raise an issue with respect to the defence under subsection (3), the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

(5)A person guilty of an offence under this section is liable on summary conviction to—

(a)imprisonment for a term not exceeding six months, or

(b)a fine not exceeding level 5 on the standard scale,

or to both.]

Textual Amendments

[F18313CAScottish local government elections: false information in connection with applications for absent votingS

(1)A person who provides false information in connection with an application mentioned in subsection (2) below commits an offence.

(2)The application referred to in subsection (1) above is an application—

(a)relating to a local government election in Scotland; and

(b)to which any of the following provisions of Schedule 4 to the Representation of the People Act 2000 (c. 2) applies, namely—

(i)paragraph 3(1) or (2);

(ii)paragraph 4(1) or (2);

(iii)paragraph 7(4).

(3)In relation to a signature, “false information” for the purposes of subsection (1) above means a signature which—

(a)is not the usual signature of; or

(b)was written by a person other than,

the person whose signature it purports to be.

(4)A person does not commit an offence under subsection (1) above if the person did not know, and had no reason to suspect, that the information was false.

(5)Where sufficient evidence is adduced to raise an issue with respect to the defence under subsection (4) above, the court must assume that the defence is satisfied unless the prosecutor proves beyond reasonable doubt that it is not.

(6)A person guilty of an offence under subsection (1) above is liable on summary conviction to (either or both)—

(a)imprisonment for a term not exceeding 6 months;

(b)a fine not exceeding level 5 on the standard scale.]

Textual Amendments

[F18413D Provision of false informationU.K.

[F185(1)A person who for any purpose connected with the registration of electors provides to a registration officer any false information is guilty of an offence.]

[F186(1A)A person who provides false information in connection with an application (other than an application relating only to a local government election in Scotland) to which any of the following provisions of Schedule 4 to the Representation of the People Act 2000 (applications relating to absent voting) applies is guilty of an offence—

(a)paragraph 3(1) or (2);

(b)paragraph 4(1) or (2);

(c)paragraph 7(4).]

(2)A person who provides false information to the Chief Electoral Officer for Northern Ireland for the purpose of obtaining the dispensation referred to in section 10(4B), 10A(1B) or 13A(2B) above is guilty of an offence.

(3)In relation to a signature, “false information” for the purposes of subsection (1) [F187or (1A)] means a signature which—

(a)is not the usual signature of; or

(b)was written by a person other than,

the person whose signature it purports to be.

(4)A person does not commit an offence under subsection (1) [F188or (1A)] above if he did not know, and had no reason to suspect, that the information was false.

(5)Where sufficient evidence is adduced to raise an issue with respect to the defence under subsection (4) above, the court shall assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

(6)A person guilty of an offence under this section shall be liable on summary conviction to—

(a)imprisonment for a term not exceeding [F18951 weeks] ; or

(b)a fine not exceeding level 5 on the standard scale,

or to both.

[F190(7)In the application of subsection (6)(a) to Scotland and Northern Ireland, the reference to 51 weeks must be taken to be a reference to six months.

(8)In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in subsection (6)(a) to 51 weeks must be taken to be a reference to six months.]]

Textual Amendments

F185S. 13D(1) substituted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 15(2), 77; S.I. 2006/1972, art. 3, Sch. 1 para. 2 (subject to transitional provisions in art. 4, Sch. 2)

F186S. 13D(1A) inserted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 15(3), 77; S.I. 2006/1972, art. 3, Sch. 1 para. 2 (subject to transitional provisions in art. 4, Sch. 2)

F187Words in s. 13D(3) inserted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 15(4), 77; S.I. 2006/1972, art. 3, Sch. 1 para. 2 (subject to transitional provisions in art. 4, Sch. 2)

F188Words in s. 13D(4) inserted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 15(5), 77; S.I. 2006/1972, art. 3, Sch. 1 para. 2 (subject to transitional provisions in art. 4, Sch. 2)

F189Words in s. 13D(6)(a) substituted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 15(6), 77; S.I. 2006/1972, art. 3, Sch. 1 para. 2 (subject to transitional provisions in art. 4, Sch. 2)

F190S. 13D(7)(8) inserted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 15(7), 77; S.I. 2006/1972, art. 3, Sch. 1 para. 2 (subject to transitional provisions in art. 4, Sch. 2)

Modifications etc. (not altering text)

C77S. 13D extended (11.9.2006) to the whole of the United Kingdom by Electoral Administration Act 2006 (c. 22), ss. 15(8), 77; S.I. 2006/1972, art. 3, Sch. 1 para. 2 (subject to transitional provisions in art. 4, Sch. 2)

C78S. 13D applied (with modifications) (S.) (8.8.2013) by Scottish Independence Referendum (Franchise) Act 2013 (asp 13), ss. 6, 13(1), sch. 1 Pts. 1, 2 (with s. 13(2))

C80S. 13D(3)-(8) applied in part (16.2.2011 for E.W.S.) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 3 para. 11(3)

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