PART IIIREGISTRATION
Determination of applications and objections
Procedure for determining applications for registration and objections without a hearingI129
1
F22
The registration officer must keep separate lists of–
a
applications for registration, other than applications accompanied by an application for an anonymous entry;
b
objections made before the person against whom the objection is made is entered in the register;
c
objections made after the person against whom the objection is made is entered in the register.
2A
On receipt of an application (other than an application accompanied by an application for an anonymous entry) the registration officer must enter the name F10and nationality of the applicant and the address claimed as his qualifying address in the list he keeps in pursuance of paragraph (2)(a).
F112AA
Where an application for registration has been made and that application is successful, the registration officer must give confirmation in writing to the applicant of that fact, before either—
a
publication of the revised register to which the applicant will be added under section 13(1) of the 1983 Act; or
b
issue of a notice of alteration under section 13A(2) of that Act specifying that the applicant’s name will be added to the register,
whichever is appropriate.
2AB
Where confirmation is given under paragraph (2AA) in relation to an application for registration made in response to an invitation to register under section 9E(1) of the 1983 Act, the registration officer must give that confirmation either—
a
by delivering it to the applicant, leaving it at the applicant’s address or sending it to the applicant’s address by post; or
b
by electronic means.
2AC
Where confirmation is given under paragraph (2AA) in relation to an application for registration made other than in response to an invitation to register under section 9E(1) of the 1983 Act—
a
the registration officer must give confirmation by delivering it to the applicant, by leaving it at their address or by sending it to them by post; and
b
the confirmation must give the registration officer’s contact details and must request that any person who receives that confirmation inform the registration officer if the applicant is not resident at the address in respect of which the application was made.
2AD
A confirmation given under paragraph (2AA) must—
a
contain the date on which the applicant’s name will be published in the revised register under section 13(1) or in a notice of alteration under section 13A(2) of the 1983 Act; and
b
where—
i
the registration officer has information that the applicant is registered in respect of a different address from the one in respect of which they have applied to be registered; and
ii
in their application for registration, the applicant has identified that address as being an address at which they have ceased to reside in accordance with regulation 26(1)(c);
inform the applicant that their entry relating to that address will be removed from the register under section 10ZE(2) of the 1983 Act.
2AE
In the case of an application to register in pursuance of a service declaration, or an overseas elector’s declaration, the address to be used for the purposes of paragraph (2AB)(a) or (2AC)(a) is the address the applicant has given under regulation 26(4)(a) or 26(5)(b), as appropriate.
2AF
The Electoral Commission must—
a
design the forms of confirmation to be used under paragraph (2AA);
b
obtain the approval of the F13Secretary of State to the forms; and
c
then make them available to registration officers.
F122AG
Before giving approval for the purposes of sub-paragraph (2AF)(b), the F14Secretary of State must consult the Scottish Ministers.
2B
On receipt of an objection made before the person against whom the objection is made is entered in the register, the registration officer must enter–
a
in the list he keeps in pursuance of paragraph (2)(b), the name and qualifying address of the objector together with the particulars referred to in paragraph (2A); and
b
in the list he keeps in pursuance of paragraph (2)(a), the particulars of the objection.
2C
On receipt of any other objection, the registration officer must enter the name and qualifying address of the objector together with the particulars referred to in paragraph (2A) in the list he keeps in pursuance of paragraph (2)(c).
3
The registration officer may ask for further information and take no further action until such information is supplied, if he is of the opinion that the particulars given in the application or objection are insufficient.
C14
F44A
In the case of an application for registration accompanied by an application for an anonymous entry, the registration officer may allow the former application without a hearing at any time.
5
The registration officer may disallow an objection if he is of the opinion that the objector is not entitled to object F8...; and he shall so inform the objector.
F35A
The registration officer may disallow an objection without a hearing if he is of the opinion that the objection is clearly without merit.
5B
Where the registration officer disallows an objection under paragraph (5A), he must send to the objector a notice stating that the application has been disallowed on that basis and the grounds for his opinion.
5C
An objector may require the objection to be heard by giving notice to the registration officer within three days from the date of the notice given under paragraph (5B).
5D
A notification under paragraph (5C) is not to prevent the application to which the objection relates from being allowed.
6
The registration officer may send to the applicant or objector a notice stating his opinion that an application or objection cannot be allowed because–
a
the matter has been concluded by the decision of a court, or
b
the particulars given in the application or objection do not entitle the applicant or objector to succeed.
7
In cases to which paragraph (6) applies, the registration officer shall state the grounds for his opinion and that he intends to disallow the application or objection unless that person gives the registration officer notice within three days from the date of the registration officer’s notice that he requires the application or objection to be heard; and if he receives no such notice within that time, he may disallow the application or objection.
F58
In this regulation, “qualifying address” includes the address specified in an overseas elector’s declaration in accordance with section 2(4)(b) or (c)(ii) of the 1985 Act.