Part IU.K. Parliamentary and Local Government Franchise and its Exercise

Modifications etc. (not altering text)

Registration of parliamentary and local government electorsU.K.

F210AMaintenance of the registers: registration of electors [F1in Northern Ireland].U.K.

(1)[F3The 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.

[F4(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.]

[F5(1A)Subject to [F6subsections (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,

F7(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 [F8blindness or any other disability] of his or because he is unable to read.]

[F9(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 madeF10. . . an application for registration in the register in respect of that address.

[F11(2A)The application referred to in subsection (2) above shall F12... be treated as made on the 15th October in the year in question.]

(3)[F13The Chief Electoral Officer for Northern Ireland] shall also determine all objections to a person’s registration [F14in Northern Ireland] made in accordance with the prescribed requirements by another person whose name appears in the register in question.

[F15(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.]

[F16(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 [F17in 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)[F18Subject to subsection (5A) below,] where F19... a person (“the elector”) is F20. . . entered in a register in respect of any address [F21in Northern Ireland], the elector is entitled to remain registered in the register in respect of that address until such time as [F22the 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,

[F23the Officer is] unable to satisfy himself that the elector was then so resident at that address, or

[F24(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.]

[F25(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)[F26the 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.]

[F27(5B)[F28The 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, [F29or his name is to be removed from it by virtue of subsection (5A) above,] [F30the 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 [F31the 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)[F32, (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.
[F33“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

F1Words 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)

F2Ss. 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))

F3Words 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)

F4S. 10A(1ZA) inserted (31.5.2018) by The Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2018 (S.I. 2018/699), regs. 1(2), 2(4)(a)

F5S. 10A(1A)(1B) inserted (N.I.) (1.9.2002) by Electoral Fraud (Northern Ireland) Act 2002 (c. 13), s. 1(3)(a); S.I. 2002/1648, art. 3

F6Words in s. 10A(1A) substituted (31.5.2018) by The Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2018 (S.I. 2018/699), regs. 1(2), 2(4)(b)

F7S. 10A(1A)(c)(ii) repealed (1.10.2014) by Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 14(1)(a)(v), 28; S.I. 2014/2613, art. 2(2)(a)

F8Words 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

F9S. 10A(1C) inserted (31.5.2018) by The Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2018 (S.I. 2018/699), regs. 1(2), 2(4)(c)

F10Words in s. 10A(2) repealed (4.9.2009) by virtue of Political Parties and Elections Act 2009 (c. 12), ss. 39, 43(1), Sch. 6 para. 1(2), Sch. 7; S.I. 2009/2395, art. 2 (with art. 3)

F11S. 10A(2A) inserted (4.9.2009) by Political Parties and Elections Act 2009 (c. 12), ss. 39, 43(1), Sch. 6 para. 1(3); S.I. 2009/2395, art. 2 (with art. 3)

F12Words 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)

F13Words 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)

F14Words 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)

F15S. 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

F16S. 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))

F17Words 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)

F18Words in s. 10A(5) inserted (N.I.) (1.9.2002) by Electoral Fraud (Northern Ireland) Act 2002 (c. 13), s. 1(3)(b); S.I. 2002/1648, art. 3

F19Words 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))

F20Word 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)

F21Words 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)

F22Words 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)

F23Words 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)

F24S. 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

F25S. 10A(5A) inserted (N.I.) (1.9.2002) by Electoral Fraud (Northern Ireland) Act 2002 (c. 13), s. 1(3)(c); S.I. 2002/1648, art. 3

F26Words 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)

F27S. 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

F28Words 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)

F29Words in s. 10A(6) inserted (N.I.) (1.9.2002) by Electoral Fraud (Northern Ireland) Act 2002 (c. 13), s. 1(3)(d); S.I. 2002/1648, art. 3

F30Words 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)

F31Words 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)

F32Words in s. 10A(8) inserted (N.I.) (1.9.2002) by Electoral Fraud (Northern Ireland) Act 2002 (c. 13), s. 1(3)(e); S.I. 2002/1648, art. 3

F33Words in s. 10A(9) inserted (31.5.2018) by The Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2018 (S.I. 2018/699), regs. 1(2), 2(4)(d)

Modifications etc. (not altering text)

C10S. 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))

C11S. 10A 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.)

C12S. 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))

C13S. 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)

C14S. 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)

C15S. 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))