The Representation of the People (Northern Ireland) (Amendment) Regulations 1990

Statutory Instruments

1990 No. 561

REPRESENTATION OF THE PEOPLE

The Representation of the People (Northern Ireland) (Amendment) Regulations 1990

Made

8th March 1990

Coming into force in accordance with regulation 2

Whereas a draft of these Regulations has been approved by resolution of each House of Parliament;

Now, therefore, in exercise of the powers conferred upon me by those provisions of the Representation of the People Act 1983(1) and the Representation of the People Act 1985(2) which are specified in Schedule 1 to these Regulations, I hereby make the following Regulations:—

1.—(1) These Regulations may be cited as the Representation of the People (Northern Ireland) (Amendment) Regulations 1990.

(2) These Regulations extend to Northern Ireland only.

2.  These Regulations shall come into force forthwith, except that:

(a) regulations 4, 7, 9 to 13, 15 and 28 shall come into force when sections 1 to 4 of the Representation of the People Act 1989(3) come into force;

(b) regulations 6, 16 to 18 and 27 shall come into force on the expiry of the period of one month commencing with the day on which these Regulations are made, except that regulation 27 shall not apply in respect of an election if the date by which notice of election for that election is required to be published preceded the expiry of that period;

(c) regulation 20 shall come into force on 1st June 1990, except for the purposes of applications received by the registration officer before that date; and

(d) regulations 21 and 22 shall come into force on 1st July 1990, except in respect of an election if the date by which notice of election for that election is required to be published preceded that day.

3.  In these Regulations, “the Regulations of 1986” mean the Representation of the People (Northern Ireland) Regulations 1986(4).

4.  In regulation 4(1) of the Regulations of 1986 (interpretation) the definition of “overseas attesting officer” shall be omitted.

5.  In regulation 7(2) of the Regulations of 1986 (copies of documents made available for inspection), for the words “of, or take extracts from,” there shall be substituted the words “(whether in handwriting or by other means) of the whole or any part of”.

6.  In regulation 11 of the Regulations of 1986 (return and declaration of election expenses) there shall be substituted—

(a) the words “£150” for the words “£120” in paragraph (2), and

(b) the words “15p” for the words “12p” in paragraph (3).

7.  At the end of regulation 14(3) of the Regulations of 1986 (registration of European Parliamentary overseas electors)(5) there shall be added the following:

• “The entry in that Schedule in respect of section 2 of the Act of 1985 is to that section as amended by sections 3 and 4 of the Representation of the People Act 1989(6).”.

8.  In regulation 16(2) of the Regulations of 1986 (service declaration ceasing to be in force on change of circumstances), for the words from “as (a) a member” to “as the case may be” there shall be substituted the words “by virtue of the category set out in section 14(1) of the Act of 1983 giving that qualification when he made the declaration”.

9.—(1) In paragraph (1) of regulation 23 of the Regulations of 1986 (content of an overseas elector’s declaration), there shall be substituted—

(a) for the words “paragraphs (a) to (e)” the words “paragraphs (a) to (d)”, and

(b) for the words “paragraphs (2) and (3)” the words “paragraphs (2) to (7)”.

(2) After paragraph (3) of that regulation, there shall be added the following paragraphs:

“(4) Where a declarant has on a previous occasion made an overseas elector’s declaration in pursuance of which he was registered in a register of parliamentary electors and, since being so registered, he has not been registered in a register of parliamentary electors by virtue of being resident or treated for the purposes of registration as resident at an address in the United Kingdom, his overseas elector’s declaration shall state those facts and give the date of the last register in which he was registered in pursuance of an overseas elector’s declaration.

• For the purposes of the application of this regulation by regulation 14(5) above, this paragraph shall have effect as if, in addition to the modifications made by that regulation, the word “local” is substituted for the word “parliamentary” in the second place where it occurs.

(5) Where a declarant has not made an overseas elector’s declaration in pursuance of which he was registered in a register of parliamentary electors since being included in a register of parliamentary electors by virtue of being resident or treated for the purposes of registration as resident at an address in the United Kingdom, or has never made such a declaration, his overseas elector’s declaration shall state—

(a) in the case of a declarant who is the bearer of a British passport which describes his national status as “British citizen”, the number of that passport together with its date and place of issue; or

(b) in the case of a declarant who is not the bearer of such a passport, but who was born in the United Kingdom before 1st January 1983, those facts; or

(c) in the case of a declarant who is not the bearer of such a passport and who was not born in the United Kingdom before 1st January 1983, when and how he acquired the status of British citizen, together with the date, place and country of his birth.

• For the purposes of the application of this regulation by regulation 14(5) above, this paragraph shall have effect as if, in addition to the modifications made by that regulation, the word “local” is substituted for the word “parliamentary” in the second place where it occurs.

(6) Where, in the case of a declarant to whom regulation 24 below applies (and who is accordingly required to transmit a copy of his birth certificate together with hisdeclaration), his name on his birth certificate is not the same as the name given in his overseas elector’s declaration, that declaration shall state the reason for the change of name.

(7) Where, in the case of a declarant to whom regulation 24 below applies, he relies on the registration of either—

(a) a parent whose name in the register referred to in section 1(3A)(c) of the Act of 1985(7) is not the same as the name of that parent as given in either the declarant’s birth certificate or overseas elector’s declaration in accordance with section 2(4)(c)(iii) of the Act of 1985(8); or

(b) a guardian whose name in the register referred to in section 1(3A)(c) of the Act of 1985 is not the same as the name of that guardian as given in the declarant’s overseas elector’s declaration in accordance with section 2(4)(c)(iii) of the Act of 1985,

that declaration shall state the name of the parent or, as the case may be, guardian as given in the register referred to in section 1(3A)(c) and, where known, the reason for the change or, as the case may be, changes of name or, where such reason (or reasons) is not known, a statement to that effect.

• For the purposes of the application of this regulation by regulation 14(5) above, this paragraph shall have effect as if, in addition to the modifications made by that regulation, the words “section 3(4A)(c)”(9) are substituted for the words “section 1(3A)(c)”, in each place where those words occur.”.

10.  For regulation 24 of the Regulations of 1986 (officers authorised to attest overseas electors' declarations) there shall be substituted the following regulation:

“Certain declarants to supply copy of birth certificates

24.— (1) This regulation applies to a person who has made an overseas elector’s declaration in which he claims to be qualified as an overseas elector by virtue of the conditions set out in section 1(3A) of the Act of 1985, and who has not on a previous occasion made an overseas elector’s declaration in pursuance of which he was registered in a register of parliamentary electors.

• For the purposes of the application of this regulation by regulation 14(5) above, this paragraph shall have effect as if, in addition to the modifications made by that regulation, the words “section 3(4A)” are substituted for the words “section 1(3A)”.

(2) Where this regulation applies, a declarant shall transmit together with his overseas elector’s declaration, a copy of his birth certificate which shows the names of either or both of his parents as well as his date of birth.”.

11.  For regulation 25 of the Regulations of 1986 (attestation of an overseas elector’s declaration) there shall be substituted the following regulation:

“Attestation of certain overseas electors' declarations

25.— (1) An overseas elector’s declaration shall be attested in accordance with the following paragraphs of this regulation except where the declarant has on a previous occasion made such a declaration in pursuance of which he was registered in a register of parliamentary electors and, since being so registered, he has not been included in any register of parliamentary electors by virtue of being resident or treated for the purposes of registration as resident at an address in the United Kingdom.

• For the purposes of the application of this regulation by regulation 14(5) above, this paragraph shall have effect as if, in addition to the modifications made by that regulation, the word “local” is substituted for the word “parliamentary” in the second place where it occurs.

(2) An overseas elector’s declaration shall be attested by the bearer of a British passport which describes his national status as “British citizen” who—

(a) is not resident in the United Kingdom;

(b) is aged 18 years or over, and

(c) knows the declarant, but is not the husband, wife, parent, grandparent, brother, sister, child or grandchild of the declarant.

(3) A person shall not attest an overseas elector’s declaration unless he is satisfied, to the best of his knowledge and belief, that the declarant is a British citizen who is not resident in the United Kingdom on the date of the declaration.

(4) A person attesting an overseas elector’s declaration shall record on it—

(a) his full name and address;

(b) that he is the bearer of a British passport which describes his national status as “British citizen” and the number of that passport together with its date and place of issue;

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

(d) that he is not resident in the United Kingdom on the date of the declaration;

(e) that he knows the declarant but is not the husband, wife, parent, grandparent, brother, sister, child or grandchild of the declarant; and

(f) that, to the best of his knowledge and belief, the declarant is a British citizen who is not resident in the United Kingdom on the date of the declaration;

and he shall sign the declaration.”.

12.  In regulation 27 of the Regulations of 1986 (evidential value of an overseas elector’s declaration), paragraph (1) shall be omitted.

13.  For paragraphs (2) and (3) of regulation 28 of the Regulations of 1986 (notification about registration as an overseas elector) there shall be substituted the following paragraphs:

“(2) Where the registration officer rejects an application for registration in pursuance of an overseas elector’s declaration because—

(a) in the opinion of the registration officer he does not qualify as an overseas elector under section 1 of the Act of 1985(10), or

(b) the declaration does not satisfy the requirements of section 2 of the Act of 1985(11) or regulation 23 or 25 above, or

(c) in the case of a person to whom regulation 24 above applies, the requirement in that regulation has not been complied with, he shall return the declaration to the declarant and set out his reasons for rejecting the application for registration.

(3) For the purposes of the application of this regulation by regulation 14(5) above, paragraphs (1) and (2) above shall have effect as if, in addition to the modifications made by that regulation—

(a) in paragraph (1), for the words “sections 1 and 2” there are substituted the words “sections 2 and 3”(12), and

(b) in paragraph (2), for the words “section 1” there are substituted the words “section 3”.”.

14.  After regulation 28 of the Regulations of 1986, there shall be inserted the following regulation:

“Reminders to overseas electors

28A.— (1) Subject to paragraph (3) below, the registration officer shall, not earlier than 1st May and not later than 30th June in any year, send to a person registered in pursuance of an overseas elector’s declaration in the current register of parliamentary electors a reminder of the need to make a fresh declaration in order to be so registered in the subsequent register.

(2) A reminder under paragraph (1) above shall be sent to the address given in accordance with regulation 23(1) above in the overseas elector’s declaration by virtueof which the overseas elector is currently registered or, where he has subsequently notified the registration officer that he has changed his address to some other address outside the United Kingdom, to that address.

(3) Paragraph (1) above does not apply in respect of a person there described where—

(a) the registration officer has already received from him an overseas elector’s declaration made with reference to the next qualifying date, or

(b) that person has notified the registration officer that he is resident in the United Kingdom, or

(c) the period of twenty years referred to in section 1(3)(c) of the Act of 1985(13) has expired.

• For the purposes of the application of this regulation by regulation 14(5) above, this paragraph shall have effect as if, in addition to the modifications made by that regulation, the words “section 3(4)(c)”(14) are substituted for the words “section 1(3)(c)”.”.

15.  In regulation 30(1) of the Regulations of 1986 (declarations as to age and nationality)—

(a) for the words “, an overseas elector’s declaration or” there shall be substituted the word “or”;

(b) at the beginning of sub-paragraph (b) there shall be inserted the words “except in the case of a person who has made an overseas elector’s declaration,”; and

(c) after that sub-paragraph there shall be added the words—

“or

(c) in the case of a person who has made an overseas elector’s declaration, to produce further evidence of his status as a British citizen including a certificate of naturalisation or a document showing that he has become such a citizen by virtue of registration”.

16.—(1) In regulation 54 of the Regulations of 1986 (sale of lists and register), for the words “20p” and “£2”, in each place where those words occur, there shall be substituted, respectively, the words “25p” and “£250”.

(2) At the end of that regulation, there shall be added the following paragraph:

“(4) Where prior to 1st November in any year the registration officer has received from any person a notice in which that person—

(a) requests that a specified number of copies of the register of electors which is required to be published not later than 15th February in the next following year be supplied to him, and

(b) undertakes to pay the fee at the rate set out in paragraph (3)(b) above which applies at the time of the publication of the register,

the registration officer shall, on publication of the register and on payment of that fee for each copy to be supplied, supply to that person the number of copies of the register requested.”.

17.—(1) In paragraph (7) of regulation 55 of the Regulations of 1986 (supply of data), for the words “£150” and “£25” there shall be substituted, respectively, the words “£180” and “£30”.

(2) In paragraph (8) of that regulation, for the words “£15” there shall be substituted the words “£18”.

18.—(1) In paragraph (4) of regulation 56 of the Regulations of 1986 (supply of labels), for the words “£10” there shall be substituted the words “£12”.

(2) In paragraph (5) of that regulation, for the words “£20” there shall be substituted the words “£25”.

19.  In regulation 63(1) of the Regulations of 1986 (general requirements for applications), for the words “Regulation 7(1)” there shall be substituted the words “regulation 6(1)”.

20.—(1) At the end of paragraph (2) of regulation 64 of the Regulations of 1986 (additional requirements for applications on grounds of physical incapacity), there shall be added the words—

• “Provided that a person may not attest an application under section 6(2)(b) of the Act of 1985 by virtue of sub-paragraphs (a), (b) or (c) above unless he is treating the applicant for the physical incapacity specified in accordance with paragraph (1) above or the applicant is receiving care from him in respect of that incapacity”.

(2) At the end of paragraph (3)(a) of that regulation, there shall be added the words “and, where the person attests the application by virtue of sub-paragraphs (a), (b) or (c) of paragraph (2) above, that he is treating the applicant for the physical incapacity specified in accordance with paragraph (1) above or that the applicant is receiving care from him in respect of that incapacity”.

21.—(1) In paragraph (2) of regulation 66 of the Regulations of 1986 (additional requirements for applications in respect of a particular election), after the words “paragraph (4)” there shall be inserted the words “(6) or (8)”.

(2) At the end of that regulation there shall be added the following paragraphs—

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

(a) which is received by the registration officer after noon on the thirteenth day (calculated in accordance with regulation 69(6) below) before the date of the poll at the election in question (“the standard closing date for applications”) but before noon on the sixth day (so calculated) before the date of that poll,

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

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

(d) which is attested in accordance with paragraph (7) below and signed by one of the persons specified in sub-paragraphs (a), (b) and (c) of regulation 64(2) above.

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

(a) his name and address and the qualification by virtue of which he is authorised to attest it; and

(b) that, so far as he is aware, the statement included in the application in pursuance of paragraph (6)(c) above is true.

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

(a) which is received by the registration officer between the times specified in paragraph (6)(a) above,

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

(c) which states the employment in question, and

(d) in the case of a constable, which (in addition to the applicant’s signature) is signed by an officer of the Royal Ulster Constabulary of or above the rank of chief inspector.”.

22.—(1) In paragraph (2) of regulation 69 of the Regulations of 1986 (closing dates for applications), for the words “paragraphs (3) and (4)” there shall be substituted the words “paragraph (3)”.

(2) For paragraphs (3) and (4) of that regulation, there shall be substituted the following paragraph—

“(3) Paragraph (2) above shall not apply to an application which satisfies the requirements of either paragraphs (6) and (7) or paragraph (8) of regulation 66 above; and such an application shall be disallowed if it is received by the registration officer after noon on the sixth day before the date of the election for which it was made.”.

(3) In paragraph (6) of that regulation, for the words “this Regulation” there shall be substituted the words “regulation 66 and this regulation”.

23.  In regulation 73 of the Regulations of 1986 (inquiries by registration officer):

(a) in paragraph (1)(b) for the words “paragraph (b)(i), (c), (g) or (h)” there shall be substituted the words “paragraph (b)(i), (c) or (h)”; and

(b) in paragraph (2)(b) for the words “(b)(i), (g) or (h)” there shall be substituted the words “(b)(i) or (h)”.

24.  In regulation 91(3) of the Regulations of 1986 (opening of covering envelopes), after the word “signed” there shall be inserted the words “by the voter” and after the word “authenticated” there shall be inserted the words “by a witness who has signed the declaration and given his name and address”.

25.—(1) In paragraph (2) of regulation 95 of the Regulations of 1986 (forwarding of documents) after the words “such packet” there shall be inserted the words “and endorse”.

(2) For paragraph (3) of that regulation there shall be substituted the following paragraph:

“(3) Rules 56 and 57 of the elections rules shall apply to any packet or document forwarded under this regulation.”.

26.  For form A in Schedule 2 to the Regulations of 1986 (return by occupier as to residents) there shall be substituted the form set out in Schedule 2 to these Regulations.

27.—(1) In the front of form H in Schedule 2 to the Regulations of 1986 (declaration of identity)—

(a) the words “or mark” and “(or marked)” shall be omitted; and

(b) for the words “(BLOCK LETTERS)” in both places where they occur, there shall be substituted the words “(WRITE CLEARLY)”.

(2) In the back of that form—

(a) in paragraph 5, the words “In order to be counted,” shall be omitted; and

(b) paragraphs 7 and 8 shall be omitted and paragraphs 9 and 10 renumbered accordingly.

28.  In Schedule 3 to the Regulations of 1986 (application with modifications of provisions of the Acts of 1983 and 1985 for registration of European Parliamentary overseas electors)(15)—

(a) the modification in column 2 of that Schedule in respect of the entry in column 1 relating to section 11 of the Representation of the People Act 1983 shall be omitted; and

(b) after that entry there shall be inserted in column 1 of the Schedule the words “In section 12 (right to be registered), subsection (5)”.

P. L. Brooke

One of Her Majesty’s Principal Secretaries of State

Northern Ireland Office

8th March 1990

SCHEDULE 1 ENABLING POWERS

These Regulations are made under the following provisions of the Representation of the People Act 1983 (“the Act of 1983”) and, having regard to section 27(2) of the Representation of the People Act 1985 (“the Act of 1985”), the following provisions of that Act, namely—

(a) sections 15(2) and (4), 53(16) and 201(1) of, and Schedule 2(17) to, the Act of 1983, and

(b) section 3(5), (6) and (7) of the Act of 1985, andhaving regard to the definition of “prescribed” in section 202(1) of the Act of 1983, the following further provisions of those Acts, namely—

(i) section 89(1) of, and rule 24(18) in Schedule 1 to, the Act of 1983, and

(ii) sections 2(3), 6(1) and (5), 7(1) and (3), 8(6) and (7) and 9(4), (7) and (8) of the Actof 1985.

Regulation 26

SCHEDULE 2 FORM TO BE SUBSTITUTED FOR FORM A IN SCHEDULE 2 TO THE REGULATIONS OF 1986

FORM A: RETURN BY OCCUPIER AS TO RESIDENTS

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Representation of the People (Northern Ireland) Regulations 1986 (“the Regulations of 1986”). They extend to Northern Ireland only.

Regulation 11 of these Regulations replaces the provisions in regulation 25 of the Regulations of 1986 about the attestation of declarations made by overseas electors. In place of the requirement for such declarations to be attested by an overseas attesting officer (as to these officers, see regulation 24 of the Regulations of 1986), the provision substituted by regulation 11 requires such declarations as need to be attested (as to which, see regulation 25(1), as substituted) to be attested by a British citizen who satisfies the conditions in regulation 25(2), as substituted. Regulation 10 of these Regulations substitutes a provision (for the redundant regulation 24) whereby overseas electors who by reason only of age were incapable of being included in a register of electors before leaving the United Kingdom are required to send a copy of their birth certificates with their overseas electors' declarations prior to their first registration. The franchise was extended to such persons by sections 2 and 3 of the Representation of the People Act 1989. By virtue of the Representation of the People Act 1989 (Commencement No. 2) Order 1990 (S.I. 1990/519, (C.17)), sections 1 to 4 of that Act come into force on 1st April 1990. Regulations 4, 7, 9, 12, 13, 15 and 28 of these Regulations make amendments to the Regulations of 1986 which are consequential on, or ancillary to, the changes made by those sections and the regulations explained in this paragraph.

Regulation 14 of these Regulations inserts a provision into the Regulations of 1986 whereby a registration officer is obliged to send reminders to persons registered in pursuance of overseas electors' declarations of the need to make a fresh declaration in order to be registered in the next register of electors.

Regulation 20 of these Regulations amends regulation 64 of the Regulations of 1986 so that where an application to vote by post or proxy for an indefinite period on the grounds of physical incapacity is attested by a medical practitioner, Christian Science practitioner or a nurse, the applicant must be receiving treatment from or be under the care of such a person. Regulations 21 and 22 of these Regulations alter the provisions about applications to vote by post or proxy at a particular election which are received after the usual deadline for such applications. The registration officer is required to accept such applications made by persons whose claims for such a vote relate to their health on polling day when the relevant circumstances could not have been reasonably foreseen earlier, provided such applications are attested. Applications by constables and returning officer’s staff must also be accepted if received by a later closing date and if the circumstances of the employment by virtue of which they are made relate to elections.

Regulations 6, 16(1), 17 and 18 of these Regulations increase the fees therein referred to. Regulation 16(2) of these Regulations adds a provision whereby registration officers are obliged to supply, on payment of a fee, copies of the register to persons who satisfy the conditions therein set out.

Regulation 26 of these Regulations substitutes the form set out in Schedule 2 for the form of return by an occupier as to residents (form A in Schedule 2 to the Regulations of 1986).

Regulations 5, 8, 19, 23 to 25 and 27 of these Regulations either seek to clarify the drafting of the Regulations of 1986 or the wording of the declaration of identity in Schedule 2 to those Regulations or correct errors or omissions in those Regulations.

(1)

1983 c. 2.

(2)

1985 c. 50.

(3)

1989 c. 28.

(4)

S.I. 1986/1091, to which there are amendments not relevant to these Regulations.

(5)

Regulation 14 was amended by section 3 of the European Communities (Amendment) Act 1986 (c. 58) on the coming into force of the Single European Act (Cmnd. 9758) on 1st July 1987.

(6)

1989 c. 28.

(7)

Section 1(3A) was inserted by section 2 of the Representation of the People Act 1989.

(8)

Section 2(4)(c) was substituted by section 3 of the Representation of the People Act 1989.

(9)

Section 3(4A) was inserted by section 2 of the Representation of the People Act 1989.

(10)

Section 1 has been amended by sections 1 to 3 of the Representation of the People Act 1989.

(11)

Section 2 has been amended by sections 3 and 4 of the Representation of the People Act 1989.

(12)

Section 3 has been amended by sections 1 to 3 of the Representation of the People Act 1989.

(13)

Section 1(3)(c) was amended by section 1 of the Representation of the People Act 1989 (c. 28).

(14)

Section 3(4)(c) was amended by section 1 of the Representation of the People Act 1989.

(15)

Schedule 3 has been amended by section 3 of the European Communities (Amendment) Act 1986.

(16)

Section 53 has been amended, but the amendment is not relevant in the context of these Regulations.

(17)

The amendments to Schedule 2 which are relevant in the context of these Regulations are those made by section 4(7) of, paragraph 8 of Schedule 2 to, and paragraph 87 of Schedule 4 to, the Act of 1985 and section 5 of the Representation of the People Act 1989 (c. 28).

(18)

Rule 24 has been amended, but the amendment is not relevant in the context of these Regulations.