The European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001

Statutory Instruments

2001 No. 1184

REPRESENTATION OF THE PEOPLE

The European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001

Made

26th March 2001

Coming into force

9th April 2001

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

Now, therefore, the Secretary of State, being the Minister designatedM1 for the purposes of section 2(2) of the European Communities Act 1972M2 in relation to measures regulating the right of citizens of the Union to vote at European Parliamentary elections, in exercise of the powers conferred on him by that provision, hereby makes the following Regulations:

Modifications etc. (not altering text)

Marginal Citations

Citation, interpretation and extentU.K.

1.—(1) These Regulations may be cited as the European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001 and shall come into force on the expiry of the period of fourteen days beginning with the day on which they are made.

(2) In these Regulations—

  • “the 1983 Act" means the Representation of the People Act 1983 M3;

  • “citizen of the Union" is to be determined in accordance with Article 17.1 of the Treaty establishing the European Community M4 and “relevant citizen of the Union" means such a citizen who is not a Commonwealth citizen or citizen of the Republic of Ireland.

(3) These Regulations extend throughout the United Kingdom.

Marginal Citations

M4The reference to the Treaty is to it as renumbered in accordance with the Treaty of Amsterdam.

RevocationU.K.

2.  Regulations 7 to 14 and 17 and 18 of the European Parliamentary Elections (Changes to the Franchise and Qualification of Representatives) Regulations 1994 M5 are hereby revoked.

Marginal Citations

Relevant citizens of the Union as European Parliamentary electorsU.K.

3.—(1) A person is entitled to vote as an elector at a European Parliamentary election in an electoral region if on the date of the poll he—

(a)is registered in the region in the register of relevant citizens of the Union entitled to vote at European Parliamentary elections (maintained under regulation 5(2) below);

(b)is not subject to any legal incapacity to vote (age apart);

(c)is a relevant citizen of the Union; and

(d)is of voting age (that is, 18 years or over).

(2) A person is not entitled to vote as an elector—

(a)more than once in the same electoral region at any European Parliamentary election, or

(b)in more than one electoral region at a European Parliamentary general election.

(3) In this regulation “legal incapacity" has the same meaning in relation to European Parliamentary elections as it has in the 1983 Act in relation to parliamentary elections.

Entitlement of relevant citizen of the Union to be registered as European Parliamentary electorU.K.

4.—(1) A person is entitled to be registered in the register of relevant citizens of the Union entitled to vote at European Parliamentary elections (maintained under regulation 5(2) below) for part of an electoral region if on the relevant date he—

(a)is resident in that part of the region;

(b)is not subject to any legal incapacity to vote (age apart);

(c)is a relevant citizen of the Union; and

(d)is of voting age;

and the registration officer has received in respect of him an application and declaration made in accordance with regulation 6(1) and (2) below.

(2) A person is not entitled to be registered in the register maintained under regulation 5(2) below for the electoral region of Northern Ireland unless, in addition to complying with paragraph (1) above, he has been resident in Northern Ireland during the whole of the period of three months ending on the relevant date.

(3) The preceding provisions have effect subject to—

(a)any enactment imposing a disqualification for registration as a European Parliamentary elector, and

(b)compliance with the requirements of these Regulations and any provision applied by these Regulations.

(4) A person otherwise qualified is (despite paragraph (1)(d) above) entitled to be registered in a register maintained under regulation 5(2) below if he will attain voting age before the end of the period of 12 months beginning with the 1st December next following the relevant date, but—

(a)his entry in the register shall give the date on which he will attain that age; and

(b)until the date given in the entry, he shall not by virtue of the entry be treated as an elector for any purposes other than those of an election the date of the poll for which is the date so given or any later date.

(5) In this regulation—

  • “enactment" includes—

    (a)

    any provision of an Act, and

    (b)

    any provision of subordinate legislation (within the meaning of the Interpretation Act 1978 M6); and

  • “the relevant date" means the date on which the application and declaration required by regulation 6(1) and (2) below were made.

Marginal Citations

Registration officersU.K.

5.—(1) The officer who—

(a)under subsections (2) to (4) of section 8 of the 1983 Act M7 is the registration officer for any of the areas referred to in those subsections for the purposes of that Act; and

(b)under the provision substituted by the Schedule to the Isles of Scilly Order 1978 M8 is the registration officer for the Isles of Scilly for those purposes,

shall be the registration officer for the area in question for the purposes of the registration of relevant citizens of the Union as European Parliamentary electors.

(2) Each registration officer shall maintain a register of any person or persons entitled to be registered under regulation 4 above.

(3) Such a register shall, so far as practicable, be combined with—

(a)the registers of parliamentary and local government electors, and

(b)any register of peers kept under section 3 of the Representation of the People Act 1985 M9;

and the names of persons registered under this regulation shall be marked to indicate that fact.

Marginal Citations

Form of application and declaration required by regulation 4(1)U.K.

6.—(1) An application under this regulation may be made by a relevant citizen of the Union (“the applicant"), shall be signed and dated by him and shall state—

(a)the full name of the applicant;

(b)the address in respect of which the applicant claims to be registered and whether he is resident there on the relevant date;

(c)in the case of an application in Northern Ireland, that the applicant was resident in Northern Ireland for the whole of the period of three months ending on that date;

(d)if the applicant is not resident on the relevant date at the address in respect of which he claims to be registered, whether he has made a declaration of local connection;

(e)if the applicant is a merchant seaman on the relevant date, that fact; and

(f)either that the applicant is aged 18 or over or, if not, the date of his birth.

(2) An application under this regulation shall include a declaration stating—

(a)the nationality of the applicant;

(b)the applicant’s address in the United Kingdom, if different from the address given under paragraph (1)(b) above;

(c)where the applicant’s name has been entered in a register of electors in a locality or constituency in the Member State of which he is a national, the name of the locality or constituency where, so far as he knows, his name was last so entered; and

(d)that the applicant will exercise any right which he has to vote at European Parliamentary elections at any such election only in the United Kingdom during the period for which any entry in the register of electors made in pursuance of this application remains in force.

(3) The registration officer shall supply free of charge as many copies of forms for use in connection with applications and declarations under paragraphs (1) and (2) above as appear to that officer reasonable in the circumstances to any person who satisfies that officer of his intention to use the forms in connection with the registration of relevant citizens of the Union as European Parliamentary electors.

(4) An application under paragraph (1) above and a declaration under paragraph (2) above shall be of no effect unless they are received by the registration officer concerned within the period of three months beginning with the date on which they are made.

(5) In any case where the registration officer is not required to notify the applicant of the result of the application under the regulations applied by regulation 9 below, he shall so notify the applicant under this paragraph.

(6) In this regulation—

  • “locality or constituency" has the same meaning as it has in the directive of the Council of the European Commissioners No. 93/109/EC; and

  • “relevant date" has the same meaning as in regulation 4 above.

Punishment of false statement in application or declaration made under regulation 6(1) and (2)U.K.

7.—(1) A person who makes a statement which he knows to be false in an application or declaration required by regulation 6(1) and (2) above is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) The provisions of Part III of the 1983 Act relating to the prosecution of offences, as applied by regulations made under the European Parliamentary Elections Act 1978 M10, shall have effect in relation to an offence under this regulation as they have effect in relation to an offence under the 1983 Act as so applied.

Marginal Citations

M101978 c. 10; the regulations are currently S.I. 1999/1214 as respects Great Britain and S.I. 1986/2250 as respects Northern Ireland.

Copies of certain applications and declarations to be sent to the Secretary of StateU.K.

8.—(1) As soon as practicable after the registration officer has registered the name of a relevant citizen of the Union in the register maintained under regulation 5(2) above in the circumstances set out in paragraph (2) below, he shall send [F1information contained in] the application and declaration made in pursuance of regulation 6(1) and (2) above by virtue of which he entered the name in the register to the [F2the person shown as the representative of the State in respect of which the applicant is a national in a direction containing a list of such representatives issued by [F3the Secretary of State or the Lord President of the Council] in accordance with paragraph (3) below].

(2) Those circumstances are where the relevant citizen of the Union would be entitled to vote at a European Parliamentary general election in pursuance of the registration.

[F4(3) [F3The Secretary of State or the Lord President of the Council] shall issue directions identifying the representative for each Member State of the European Union to whom the [F5information] referred to in paragraph (1) above [F5is] to be sent.]

Textual Amendments

Application, with modifications, of provisions of the 1983 Act and Representation of the People RegulationsU.K.

9.—(1) The provisions of—

(a)the 1983 Act which are set out in column 1 of Part I of the Schedule to these Regulations, and

(b)the Representation of the People (England and Wales) Regulations 2001 M11 the Representation of the People (Scotland) Regulations 2001 M12 and [F6the Representation of the People (Northern Ireland) Regulations 2008] which are set out in column 1 of Part II of that Schedule,

shall apply for the purposes of the registration of relevant citizens of the Union as European Parliamentary electors as they apply for the purposes of the registration of parliamentary and local government electors subject to—

(i)any modification and exceptions specified in relation to those provisions in column 2 of the Schedule to these Regulations, and

(ii)paragraph (2) below.

(2) Unless the context otherwise requires, in the provisions applied by the Schedule to these Regulations—

(a)any reference to a parliamentary elector is a reference to a European Parliamentary elector;

(b)any reference to a register is to the register maintained under regulation 5(2) above;

(c)any reference to a constituency is a reference to an electoral region; and

(d)any reference in such a provision to another provision which is so applied, is to that provision as so applied.

Textual Amendments

Marginal Citations

Removal of names from the registerU.K.

10.—(1) A declaration under regulation 6(2) above may be cancelled at any time by the declarant.

(2) A relevant citizen of the Union registered in a register of electors maintained under regulation 5(2) above is entitled to remain so registered until—

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

(b)the declaration under regulation 6(2) above is cancelled under paragraph (1) above;

(c)the citizen applies for his name to be removed;

(d)any entry made in respect of him in any other register of electors maintained under regulation 5(2) above takes effect,

whichever occurs first.

(3) Where the entitlement of such a person to remain registered terminates by virtue of paragraph (2) above, the registration officer concerned shall remove the person’s entry from the register, unless he is entitled to remain in pursuance of a further application and declaration under regulation 6(1) and (2) above.

(4) The registration officer shall remove the name of a relevant citizen of the Union from the register maintained under regulation 5(2) above where the Secretary of State sends to that officer a copy of any information provided by the Member State of which that citizen is a national to show that he has lost the right to vote there.

Consequential amendmentsU.K.

11.  In—

F7(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)section 54(8)(b) of the Political Parties, Elections and Referendums Act 2000 M13,

Textual Amendments

Marginal Citations

for “Part III of the European Parliamentary Elections (Changes to the Franchise and the Qualifications of Representatives) Regulations 1994" substitute “ the European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001 ”.

Mike O’Brien

Parliamentary Under-Secretary of State

Home Office

26th March 2001

Regulation 9

[F8SCHEDULEU.K.APPLICATION WITH MODIFICATIONS OF THE 1983 ACT AND VARIOUS REPRESENTATION OF THE PEOPLE REGULATIONS FOR REGISTRATION UNDER THESE REGULATIONS

Textual Amendments

1

Provision applied

2

Modification

PART I
THE 1983 ACT

Section 5 (residence: general)

In subsection (1) from the words “section 4” to the end substitute “regulation 4 of the 2001 Regulations falls to be determined for the purposes of that regulation.”.

In subsections (3) and (6) for “section 4 above” substitute “regulation 4 of the 2001 Regulations”.

Section 6 (residence: merchant seamen)

For “section 4 above” substitute “regulation 4 of the 2001 Regulations”.

Section 7 (residence: patients in mental hospitals who are not detained offenders or on remand)

In subsection (1)(b) omit “section 3A above or”.

In subsection (2) for “section 4 above” substitute “regulation 4 of the 2001 Regulations”.

In subsection (3)(aa) for “regulations” substitute “the Representation of the People Regulations as applied by the 2001 Regulations”.

Section 7A (residence: persons remanded in custody etc.)

In subsection (2) for “section 4 above” substitute “regulation 4 of the 2001 Regulations”.

In subsection (3)(aa) for “regulations” substitute “the Representation of the People Regulations as applied by the 2001 Regulations”.

Section 7B (notional residence: declarations of local connection)

In subsection (2)(c) for “section 4 above” substitute “regulation 4 of the 2001 Regulations”.

In subsection (3)(e) omit the words from “a Commonwealth citizen” to “elections)”.

Omit subsections (6) and (7).

Section 7C (effect of declaration of local connection)

In subsection (1) for “section 4 above” substitute “regulation 4 of the 2001 Regulations”.

In subsection (2)(aa) for “regulations” substitute “the Representation of the People Regulations as applied by the 2001 Regulations”.

Section 9 (registers of electors), subsections (2), (3), (4), (7) and (8)

Section 9B (anonymous registration)

In subsection (1)—

(a)for “parliamentary electors or local government electors” substitute “European Parliamentary electors”; and

(b)for “the requirements prescribed for the purposes of section 10A(1)(a) below” substitute “regulations 4 and 6 of the 2001 Regulations”.

In subsection (4) after “this Act” insert “and the 2001 Regulations”.

In subsection (7)(b) omit the words from “(including” to the end.

For subsection (11) substitute—

“(11) In this section, “determines” means determines in accordance with the Representation of the People Regulations as applied by the 2001 Regulations.”

After subsection (11) insert—

“(12) A relevant citizen of the Union who—

(a)applies to be registered in a register of European Parliamentary electors, and

(b)has an existing anonymous entry in a register of local government electors,

shall be anonymously registered in a register of European Parliamentary electors maintained under regulation 5(2) of the 2001 Regulations.”.

Section 9C (removal of anonymous entry)

After subsection (1) insert—

“(1A) A person’s entitlement to an anonymous entry in a register of European Parliamentary electors maintained under regulation 5(2) of the 2001 Regulations by virtue of section 9B(12) terminates at the same time as his entitlement to have an anonymous entry in a register of local government electors terminates by virtue of subsection (1).”.

In subsection (2) omit “other” and for “the Representation of the People Act 1985” substitute “the 2001 Regulations”.

Section 10A (maintenance of registers: registration of electors), subsections (1)(a), (1A), (1B), (3), (3A), (3B), (4) and (9)

In subsection (1)(a) for “the prescribed requirements, or” substitute “regulations 4 and 6 of the 2001 Regulations.”.

In subsection (1A) omit the words from “and the power in subsection (1)” to the end.

For subsection (9) substitute—

“(9) In this section—

“determines” means determines in accordance with the Representation of the People Regulations as applied by the 2001 Regulations.”.

Section 13 (publication of registers)

For subsections (1) to (3) substitute—

“(1) Where a register maintained under regulation 5(2) of the 2001 Regulations is in force, a revised version of it shall be published when a revised version of the registers of parliamentary and local government electors is published under subsection (1) or (3) of this section, as it has effect for the purposes of such registers.”.

Section 13A (alteration of registers)

In subsection (1)—

(a)in paragraph (a), for “prescribed requirements” substitute “ requirements in regulations 4 and 6 of the 2001 Regulations”; and

(b)in paragraph (b), after “this Act” insert “or of the 2001 Regulations”.

In subsection (2A) omit the words from “and the power in subsection (1)(a)” to the end.

In subsection (3)—

(a)for paragraph (a) substitute—

“(a)at the beginning of the month containing the date on which revised versions of the registers of parliamentary and local government electors are next due to be published in accordance with section 13(1) or (3) as they have effect for the purposes of such registers, or”

(b)for paragraph (b) substitute—

“(b)at the beginning of either of the two months preceding that containing the date on which revised versions of the registers of parliamentary or local government electors are next due to be published in accordance with section 13(1)(a) as it has effect for the purposes of such registers,”.

In subsection (6)—

(a)for “regulations” substitute “the Representation of the People Regulations as applied by the 2001 Regulations”; and

(b)omit “as if it were contained in Part II of this Act”.

[F9Section 13AB (alteration of registers: interim publication dates)]

[F10For subsection (8) substitute—

“(8) This section applies to elections to the European Parliament in England, Wales and Scotland.]

Section 13B (alteration of registers: pending elections)

For subsection (4) substitute—

“(4) This section applies to elections to the European Parliament in England, Wales or Scotland.”.

In subsection (6) omit from “as if” to the end.

Section 13BA (alteration of registers in Northern Ireland: pending elections)

For subsection (12) substitute—

“(12) This section applies to elections in Northern Ireland to the European Parliament.”.

Section 13C (electoral identity card: Northern Ireland)

For subsection (7) substitute—

“(7) In this section “determine” means determine in accordance with the Representation of the People Regulations as applied by the 2001 Regulations.”.

Section 50 (effect of misdescription)

Section 52 (discharge of registration duties)

In subsections (1) and (4) after “this Act” insert “and the 2001 Regulations”.

Section 54 (payment of expenses of registration)

In subsection (1) for “under this Act” substitute “under the 2001 Regulations”.

Omit subsection (3).

Section 56 (registration appeals: England and Wales)

In subsection (1)—

(a)in paragraph (a), after “this Act” insert “or the 2001 Regulations”;

(b)for paragraph (aa) substitute—

“(aa)from any decision under the 2001 Regulations of the registration officer that a person registered in the register of European Parliamentary electors maintained under regulation (5)(2) of the 2001 Regulations was not entitled to be registered,”; and

(c)omit paragraph (b).

Section 57 (registration appeals: Scotland)

Section 58 (registration appeals: Northern Ireland)

In subsection (1)—

(a)in paragraph (a) after “this Act” insert “or the 2001 Regulations”;

(b)for paragraph (b) substitute—

“(b)from any decision under the 2001 Regulations of the Chief Electoral Officer that a person registered in the register of European Parliamentary electors maintained under regulation (5)(2) of the 2001 Regulations was not entitled to be registered,”; and

(c)omit paragraph (c).

Section 62 (offences as to declarations)

In subsection (1)(a)—

(a)omit “or a service declaration”;

(b)in sub-paragraph (i) omit “or section 15(1)”; and

(c)in sub-paragraph (iii) at the end omit “or”.

Omit subsections (1)(b) and (2).

Section 63 (breach of official duty), subsections (1) to (3)

In subsection (3)—

(a)for paragraphs (a) to (d) substitute—

“(a)any registration officer.”;

(b)in paragraph (e) for “any of paragraphs (a) to (d)” substitute “paragraph (a)”; and

(c)for the words from “relating to” to the end, substitute “relating to the registration of relevant citizens of the Union as European Parliamentary electors”.

Section 119 (computation of time for purposes of Part II)

In the heading for “Part II” substitute “section 13A and 13B”.

In subsection (1)—

(a)for “this Part of this Act” substitute “section 13A or 13B”; and

(b)in paragraph (b) for “this Part” substitute “section 13A or 13B”.

Section 202 (general provisions as to interpretation)

In subsection (1)—

(a)omit all of the definitions except “anonymous entry”, “citizen of the Union”, “dwelling” and “qualifying address”; and

(b)insert, at the appropriate places—

““2001 Regulations” means the European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001,”.

““prescribed” in the following sections means prescribed by the Representation of the People Regulations as applied by the 2001 Regulations—

9(2)(a) and (b);

9B(1)(a) and (c) and (3)(b);

10A(3);

13A(2);

13B(3), (3A)(a), (3B), (3C)(a), (3D) and (3E);

13BA(3), (7)(a), (8)(a), (10) and (11)(a);

13C(1);

56(1) and (5); and

58(2) and (6)(a),”.

““Representation of the People Regulations” means—

(a)

in relation to England and Wales, the Representation of the People (England and Wales) Regulations 2001;

(b)

in relation to Scotland, the Representation of the People (Scotland) Regulations 2001; and

(c)

in relation to Northern Ireland, the Representation of the People (Northern Ireland) Regulations 2008;”.”

PART II

THE REPRESENTATION OF THE PEOPLE (ENGLAND AND WALES) REGULATIONS 2001

Regulation 3 (interpretation)

Regulation 5 (communication of applications, notices etc.)

Regulation 6 (electronic signatures and related certificates)

Regulation 7 (copies of documents)

Omit paragraph (6).

Regulation 8 (time)

Regulation 11 (interference with notices etc.)

Regulation 24 (evidence as to age and nationality)

In paragraph (2) for sub-paragraphs (b) to (d) substitute—

“(b)evidence of his status as a national of a Member State or a statutory declaration as to that nationality.”.

Regulation 27 (objections to registration)

Regulation 28 (inspection of applications and objections)

Regulation 29 (procedure for determining applications for registration and objections without a hearing)

Omit paragraph (8).

Regulation 30 (notice of hearing)

Regulation 31 (hearing of applications and objections)

Regulation 31A (objections relating to applications that have been allowed, but before alterations to register have taken effect)

Regulation 31B (other determinations by registration officer of entitlement to registration)

In paragraph (1) for “regulations 31C to 31F” substitute “regulations 31D to 31F”.

In paragraph (2)—

(a)in sub-paragraph (a)—

(i)in paragraph (i) for “, 7C(2)(aa), and 15(2)(aa) of the 1983 Act, and” substitute “and 7C(2)(aa) of the 1983 Act.”; and

(ii)omit paragraph (ii); and

(b)omit sub-paragraph (b).

Regulation 31D (procedure for reviewing entitlement to registration)

In paragraphs (5) and (8) omit “or, as the case may be, has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act”.

Regulation 31E (list of reviews)

Regulation 31F (hearing of reviews)

In paragraph (6) omit “or, as the case may be, has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act”.

Regulation 31G (anonymous registration: applications and declarations)

In paragraph (1)(b) for “regulation 26(1)(b)” substitute “regulation 6(1)(b) of the 2001 Regulations”.

Regulation 31H (anonymous registration: determination of applications by registration officer)

Regulation 31I (anonymous registration: evidence consisting of relevant court orders or injunctions)

Regulation 31J (anonymous registration: evidence by attestation)

Regulation 32 (registration appeals)

In paragraph (1), for sub-paragraph (b) substitute—

“(b)under section 56(1)(aa) of the 1983 Act, from the decision of a registration officer made in accordance with regulations 31D to 31F that a person was not entitled to be registered;”

Regulation 32A (representations regarding clerical errors)

Regulation 36(2) and (3) (notices in connection with registration)

In paragraph (2)—

(a)for “that Act” substitute “the 1983 Act”; and

(b)in sub-paragraph (b) omit “except in a case falling within regulation 31C(2)(b) above,”.

Regulation 36A (communication of notices made on polling day)

Regulation 38 (separate part of a register for each parliamentary polling district)

Regulation 39 (different letter for each parliamentary polling district)

Regulation 40 (qualifying addresses which are not included in the register)

In paragraph (1)—

(a)in sub-paragraph (a), at the end omit “or”; and

(b)omit sub-paragraph (b).

Omit paragraph (2)(a) and the “or” following it.

Regulation 41 (order of names)

Regulation 41A (anonymous entries)

Regulation 45A (record of anonymous entries)

Regulation 45B (duties of registration officer and his staff in relation to record of anonymous entries)

Regulation 45C (supply of record of anonymous entries to returning and counting officers)

Regulation 45E (supply of record of anonymous entries to the security services)

Regulation 45F (supply of the record of anonymous entries to police forces and other organisations)

Regulation 45G (certificate of anonymous registration)

THE REPRESENTATION OF THE PEOPLE (SCOTLAND) REGULATIONS 2001

Regulation 3 (interpretation)

Regulation 5 (communication of applications, notices etc.)

Regulation 6 (electronic signatures and related certificates)

Regulation 7 (copies of documents)

Omit paragraph (6).

Regulation 8 (time)

Regulation 11 (interference with notices etc.)

Regulation 24 (evidence as to age and nationality)

In paragraph (2) for sub-paragraphs (b) to (d) substitute—

“(b)evidence of his status as a national of a Member State or a statutory declaration as to that nationality.”.

Regulation 27 (objections to registration)

Regulation 28 (inspection of applications and objections)

Regulation 29 (procedure for determining applications for registration and objections without a hearing)

Omit paragraph (8).

Regulation 30 (notice of hearing)

Regulation 31 (hearing of applications and objections)

Regulation 31A (objections relating to applications that have been allowed, but before alterations to register have taken effect)

Regulation 31B (other determinations by registration officer of entitlement to registration)

In paragraph (1) for “regulations 31C to 31F” substitute “regulations 31D to 31F”.

In paragraph (2)—

(a)in sub-paragraph (a)—

(i)in paragraph (i) for “, 7C(2)(aa), and 15(2)(aa) of the 1983 Act, and” substitute “and 7C(2)(aa) of the 1983 Act.”; and

(ii)omit paragraph (ii); and

(b)omit sub-paragraph (b).

Regulation 31D (procedure for reviewing entitlement to registration)

In paragraphs (5) and (8) omit “or, as the case may be, has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act”.

Regulation 31E (list of reviews)

Regulation 31F (hearing of reviews)

In paragraph (6) omit “or, as the case may be, has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act”.

Regulation 31G (anonymous registration: applications and declarations)

In paragraph (1)(b) for “regulation 26(1)(b)” substitute “regulation 6(1)(b) of the 2001 Regulations”.

Regulation 31H (anonymous registration: determination of applications by registration officer)

Regulation 31I (anonymous registration: evidence consisting of relevant court orders or injunctions)

Regulation 31J (anonymous registration: evidence by attestation)

Regulation 32 (registration appeals)

In paragraph (1), for sub-paragraph (b) substitute—

“(b)under section 56(1)(aa) of the 1983 Act, from the decision of a registration officer made in accordance with regulations 31D to 31F that a person was not entitled to be registered;”.

Regulation 32A (representations regarding clerical errors)

Regulation 36(2) and (3) (notices in connection with registration)

In paragraph (2)—

(a)for “that Act” substitute “the 1983 Act”; and

(b)in sub-paragraph (b) omit “except in a case falling within regulation 31C(2)(b) above,”.

Regulation 36A (communication of notices made on polling day)

Regulation 38 (separate part of a register for each parliamentary polling district)

Regulation 39 (different letter, number or combination of letter and number for each parliamentary polling district)

Regulation 40 (qualifying addresses which are not included in the register)

In paragraph (1)—

(a)in sub-paragraph (a), at the end omit “or”; and

(b)omit sub-paragraph (b).

Omit paragraph (2)(a) and the “or” following it.

Regulation 41 (order of names)

Regulation 41A (anonymous entries)

Regulation 45A (record of anonymous entries)

Regulation 45B (duties of registration officer and his staff in relation to record of anonymous entries)

Regulation 45C (supply of record of anonymous entries to returning and counting officers)

Regulation 45D (supply of record of anonymous entries to the security services)

Regulation 45E (supply of the record of anonymous entries to police forces and other organisations)

Regulation 45F (certificate of anonymous registration)

THE REPRESENTATION OF THE PEOPLE (NORTHERN IRELAND) REGULATIONS 2008

Regulation 3 (interpretation)

Regulation 5 (communication of applications, notices, etc.)

Regulation 6 (electronic signatures and related certificates)

Regulation 7 (copies of documents)

Regulation 8 (time)

Regulation 11 (interference with notices, etc.)

Regulation 13 (applications for an electoral identity card)

For paragraph (2)(a) substitute—

“(a)a person who is registered in a register of European Parliamentary electors maintained under regulation 5(2) of the 2001 Regulations; or”.

Regulation 25 (alteration of registers under section 13BA(3) of the 1983 Act)

In paragraph (3)—

(a)omit sub-paragraph (d); and

(b)in sub-paragraph (e) omit “a qualifying Commonwealth citizen or citizen of Ireland or”.

In paragraph (4)—

(a)omit sub-paragraph (c);

(b)in sub-paragraph (d) omit “a qualifying Commonwealth citizen or citizen of Ireland or”; and

(c)for sub-paragraph (e) substitute—

“(e)a passport issued by a Member State of the European Union.”.

In paragraph (6) for “section 4 of the 1983 Act” substitute “regulation 4 of the 2001 Regulations”.

Regulation 28 (objections to registration)

Regulation 29 (inspection of applications and objections)

Regulation 30 (procedure for determining applications for registration and objections without a hearing)

Omit paragraph (15).

Regulation 31 (notice of hearing)

Regulation 32 (hearing of applications and objections)

Regulation 33 (objections relating to applications which have been allowed, but before alterations to the register have taken effect)

Regulation 34 (other determinations by registration officer of entitlement to registration)

In paragraph (1) for “regulations 35 to 38” substitute “regulations 36 to 38”

In paragraph (2)—

(a)in sub-paragraph (a)—

(i)in paragraph (i) for “, 7C(2)(aa), and 15(2)(aa) of the 1983 Act, and” substitute “and 7C(2)(aa) of the 1983 Act.”; and

(ii)omit paragraph (ii); and

(b)omit sub-paragraph (b).

Regulation 36 (procedure for reviewing entitlement to registration)

In paragraphs (4) and (7) omit “or, as the case may be, has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act”.

Regulation 37 (list of reviews)

Regulation 38 (hearing of reviews)

In paragraph (6) omit “or, as the case may be, has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act”.

Regulation 39 (registration appeals)

In paragraph (1) for sub-paragraph (b) substitute—

“(b)the decision of the registration officer made under section 58(1)(b) of the 1983 Act in accordance with regulations 36 to 38 that a person was not entitled to be registered.”.

Regulation 40 (representations regarding clerical errors)

Regulation 44(2) and (3) (notices in connection with registration)

In paragraph (2)—

(a)for “that Act” substitute “the 1983 Act”; and

(b)in sub-paragraph (c) omit “except in a case falling within regulation 35(2)(d),”.

Regulation 45 (communication of notices made on polling day)

Regulation 47 (separate part of register for each parliamentary polling district)

Regulation 48 (different letter for each parliamentary polling district)

Regulation 49 (qualifying addresses which are not included in the register)

In paragraph (1)—

(a)in sub-paragraph (a), at the end omit “or”; and

(b)omit sub-paragraph (b).

Omit paragraph (2)(a) and the “or” following it.

Regulation 50 (order of names)]

Textual Amendments

Explanatory Note

(This note is not part of the Regulations)

These Regulations which replace the provisions revoked by regulation 2 provide for the registration of those citizens of the European Union who are resident here (and are not Commonwealth citizens or citizens of the Republic of Ireland) as European Parliamentary electors. Together with those parts of the European Parliamentary Elections (Changes to the Franchise and Qualification of Representatives) Regulations 1994 which are not revoked, these Regulations give effect to Article 19.2 (ex Article 8b.2) of the Treaty establishing the European Community and the requirements of the directive of the Council of the European Communities No. 93/109/EC. References in this note to articles are to articles in that Directive.

These Regulations are needed in consequence of the changes made by the Representation of the People Act 2000 to the system of the registration of parliamentary and local government electors. That Act removed the requirement for residence on a qualifying date for inclusion in a register of electors which had effect for one year. It replaced it with a system of registration under which the registers of electors have continuing effect, subject to amendment. The provisions revoked by regulation 2 of these Regulations were based on the system of registration replaced by the 2000 Act.

Regulation 3 sets out the franchise. Regulation 4 sets out the grounds under which a citizen of the Union of the sort described above (“relevant citizen of the Union") can be registered as an elector. These provisions are based on sections 1 and 4 of the Representation of the People Act 1983, as substituted by the 2000 Act.

Regulation 5 provides for registration officers and requires the register of electors under these Regulations to be combined, so far as practicable, with the registers of parliamentary and local government electors.

In order to comply with article 9.2 of the directive, regulation 6(2) requires a person applying to be registered under these Regulations to include a declaration made in accordance with regulation 6(2). Regulation 8 requires the registration officer to supply to the Secretary of State a copy of each application to be registered and declaration when the application is made at a time that would allow the applicant to vote in a European Parliamentary general election. This is included to enable the United Kingdom Government to discharge its obligations under article 13 of the Directive.

Regulation 9 applies, with modifications, for the purposes of these Regulations various provisions in the 1983 Act (as amended) and regulations made under that Act about the registration of parliamentary and local government electors. Those provisions are set out in the Schedule to the Regulations. So as to give effect to article 11.2 of the directive, the provisions applied include those conferring a right of appeal in respect of a decision by the registration officer relating to registration.