The Representation of the People (Northern Ireland) Regulations 2001

SCHEDULE 1 N.I. ENABLING POWERS

Commencement Information

I1 Sch. 1 in force at 16.2.2001, see reg. 1(1)

These Regulations are made under the following powers:

(a) sections 10A(7) and (9)(1), 13A(6), 53(2) and 201(1) and (3)(3) of, rule 24(4) of Schedule 1 and Schedule 2(5) to, the Representation of the People Act 1983 (“the 1983 Act”);

(b) sections 3(5), (6) and (7)(6) of the Representation of the People Act 1985 (“the 1985 Act”);

(c) having regard to the definition of “prescribed” in section 202(1) of the 1983 Act, sections 4(4)(7), 9(2)(8), 10A(1), (3), (6) and (7), 13(3), 13A(2), 13B(3), 14(1), 16, 56(1) and (5), 75(3) and 89(1) of, and rules 24, 28(3), 29(3A)(9) and 32(3) in Schedule 1 to, that Act;

(d) having regard to the definition of “prescribed” in section 202(1) of the 1983 Act and section 27(2) of the 1985 Act, sections 2(3), 6(1) and (5), 7(1) and (3), 8(6) and (7) and 9(4), (7) and (8) of the 1985 Act(10);

(e) having regard to the designation(11) of the Secretary of State for the purposes of section 2(2) of the European Communities Act 1972(12) in relation to measures relating to the rights of citizens of the Union to vote at European Parliamentary elections and local elections in Northern Ireland, that section 2(2); and

(f) paragraph 2(4)(b) of Schedule 1 to the European Parliamentary Elections Act 1978(13).

In the case of sections 4 to 56 of the 1983 Act, the provisions cited include those provisions as applied with modifications by section 2(1) of, and Schedule 1 to, the Elected Authorities (Northern Ireland) Act 1989(14).

Regulation 2

SCHEDULE 2 N.I. REVOCATIONS

Commencement Information

I2 Sch. 2 in force at 16.2.2001, see reg. 1(1)

1	2	3
Regulations revoked	References	Extent of revocation
The Representation of the People (Northern Ireland) Regulations 1986	S.I. 1986/1091	The whole Regulations
The Representation of the People (Northern Ireland) (Amendment) Regulations 1989	S.I. 1989/1304	The whole Regulations
The Representation of the People (Northern Ireland) (Amendment) Regulations 1990	S.I. 1990/561	The whole Regulations
The Representation of the People (Northern Ireland) (Variation of Specified Documents and Amendment) Regulations 1991	S.I. 1991/1674	The whole Regulations
The Representation of the People (Northern Ireland) (Amendment) Regulations 1992	S.I. 1992/832	The whole Regulations
The European Parliamentary Elections (Changes to the Franchise and Qualification of Representatives) Regulations 1994	S.I. 1994/342	Part III of the Schedule
The Local Government Elections (Changes to the Franchise and Qualification of Members) Regulations 1995	S.I. 1995/1948	Paragraphs 23 to 26 of Schedule 2
The Representation of the People (Northern Ireland) (Amendment) Regulations 1997	S.I. 1997/967	The whole Regulations
The Representation of the People (Northern Ireland) (Amendment) Regulations 1998	S.I. 1998/2870	The whole Regulations

SCHEDULE 3 N.I. FORMSARRANGEMENT OF FORMS

Modifications etc. (not altering text)

C1 Sch. 3 Forms A-D applied (with modifications) (1.8.2001) by The Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599), arts. 1(2), 3(2)(3), Sch. 2

C2 Sch. 3 Forms F-H applied (with modifications) (1.8.2001) by The Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599), arts. 1(2), 3(2)(3), Sch. 2

Commencement Information

I3 Sch. 3 in force at 16.2.2001, see reg. 1(1)

Form A:	Elector’s official poll card
Form B:	Proxy’s official poll card
Form C:	Return of expenses required by section 75 of the 1983 Act
Form D:	Declaration as to expenses required by section 75 of the 1983 Act
Form E:	Proxy paper
Form F:	Certificate of employment
Form G:	Declaration of identity
Form H:	Statement as to postal ballot papers
F1 [F2 Form J:	Declaration of identity (combined polls)]

Textual Amendments

F1 Sch. 3 Form J inserted (10.4.2001) by Elections Act 2001 (c. 7), Sch. para. 30(6)

F2 Words in Sch. 3 inserted (10.4.2001) by Elections Act 2001 (c. 7), Sch. para. 30(5)

Regulation 9(2)

Form A: N.I. ELECTOR'S OFFICIAL POLL CARD

Regulation 9(3)

Form B: N.I. PROXY'S OFFICIAL POLL CARD

Regulation 10(1)

Form C: N.I. RETURN OF EXPENSES REQUIRED BY SECTION 75 OF THE 1983 ACT

Regulation 10(1)

Form D: N.I. DECLARATION AS TO EXPENSES REQUIRED BY SECTION 75 OF THE 1983 ACT

Regulation 57(3)

Form E: N.I. PROXY PAPER

Regulation 64(1)

Form F: N.I. CERTIFICATE OF EMPLOYMENT

Regulation 66(a)

Form G: N.I. DECLARATION OF IDENTITY

Regulation 86(1)(b)

Form H: N.I. STATEMENT AS TO POSTAL BALLOT PAPERS

Regulation 66(b)

Form J: N.I. DECLARATION OF IDENTITY (COMBINED POLLS)

Regulation 13

SCHEDULE 4 N.I. APPLICATION WITH MODIFICATIONS OF PROVISIONS OF THE 1983 AND 1985 ACTS FOR REGISTRATION OF EUROPEAN PARLIAMENTARY OVERSEAS ELECTORS

Commencement Information

I4 Sch. 4 in force at 16.2.2001, see reg. 1(1)

1	2
Provision applied	Modification
PART I: THE 1983 ACT
Section 4(5) (attainers)(15)
Section 9 (register of electors)(16)	In subsection (1)(a) omit “for each constituency or part of a constituency”. Omit subsection (2)(b). Omit subsections (5) to (8).
Section 13 (publication of registers)(17)	For subsections (1) to (3) substitute: “(1) Where a register under section 3 of the 1985 Act 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 this section as it has effect for the purposes of such registers.”.
Section 13A (alteration of registers)
Section 13B (alteration of register: pending elections)	For subsection (4) substitute: “(4) This section applies to elections to the European Parliament.”.
Section 50 (effect of misdescription)	For paragraphs (a), (b) and (c) substitute “in the register”.
Section 52 (discharge of registration duties)(18)	In subsections (1) and (4) after the word “Act” insert “and regulation 13 of the Representation of the People (England and Wales) Regulations 2001”.
Section 54 (payment of expenses of registration(19)	In subsection (1) after the word “Act” in the first place where it occurs, insert “and regulation 13 of the Representation of the People (England and Wales) Regulations 2001”. Omit subsection (3).
Section 56 (registration appeals: England and Wales)(20)	Omit subsection (1)(b).
Section 58 (registration appeals: Northern Ireland)(21)
Section 63 (breach of official duty)(22)	In subsection (3)— (a) for paragraphs (a) to (d) substitute: “(a) any registration officer,”; and (b) for the words from “relating to” to the end of the subsection substitute “relating to the registration of European Parliamentary overseas electors”.
PART II: THE 1985 ACT
Section 2 (registration of British citizens overseas)(23)	In subsection 1(a) omit “constituency or”. In paragraph (c) of subsection (2) for the words from “parliamentary” to the end of that paragraph, substitute “local electors”. In subsection (4) for “section 1” substitute “section 3”. In subsection (7) for “any constituency or part of a constituency” substitute “the electoral region”. In subsection (8) for “section 1(1)(a)” substitute “section 3(1)(a)”.
In section 12 (offences as to declarations etc), subsections (1), (2) and (4)	In subsection (1)(a) for the word “parliamentary” substitute “European Parliamentary”.

(1)

Sections 10A and 13A were substituted by Schedule 1 to the 2000 Act.

(2)

Section 53 was amended by Schedule 4 to the 1985 Act and Schedule 1 to the 2000 Act.

(3)

Section 201(1) was amended by S.I. 1991/1728 and section 201(3) was inserted by Schedule 1 to the 2000 Act.

(4)

Rule 24 was substituted by Schedule 6 to the 2000 Act.

(5)

Schedule 2 was amended by Schedules 2 and 4 to the 1985 Act; Schedules 1 and 6 to the 2000 Act; Schedule 16 to the Local Government (Wales) Act 1994 (c. 19); and section 5 of the Representation of the People Act 1989 (c. 28). Schedule 2 has also been amended by section 9 of the 2000 Act but the amendments are not yet in force.

(6)

Section 3 was substituted by Schedule 2 to the 2000 Act.

(7)

Section 4 was substituted by section 1(2) of the 2000 Act.

(8)

Sections 9, 10A, 13, 13A and 13B were substituted by Schedule 1 to the 2000 Act.

(9)

Rule 29(3A) was inserted by section 13(2) of the 2000 Act.

(10)

Section 2 was substituted by Schedule 2 to the 2000 Act and sections 6 to 9 were amended by Schedule 6 to that Act.

(11)

The European Communities (Designation) (No. 3) Order 1993 (S.I. 1993/2661).

(12)

1972 c. 68.

(13)

1978 c. 10.

(14)

1989 c. 3; Schedule 1 was amended by Schedule 3 to the 2000 Act.

(15)

Section 4 was substituted by section 1(2) of the 2000 Act.

(16)

Section 9 was substituted by Schedule 1 to the 2000 Act.

(17)

Sections 13 to 13B were substituted by Schedule 1 to the 2000 Act.

(18)

Section 52 was amended by Schedule 4 to the 1985 Act.

(19)

Section 54 was amended by Schedule 4 to the 1985 Act.

(20)

Section 56 was amended by Schedule 4 to the 1985 Act and Schedule 1 to the 2000 Act.

(21)

Section 58 was substituted by Schedule 1 to the 2000 Act.

(22)

Section 63 was substituted by Schedule 4 to the 1985 Act.

(23)

Section 2 was substituted by Schedule 2 to the 2000 Act.