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The Representation of the People (Northern Ireland) Regulations 2008

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Point in time view as at 07/05/2024.

Changes to legislation:

The Representation of the People (Northern Ireland) Regulations 2008 is up to date with all changes known to be in force on or before 19 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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PART 1N.I.GENERAL, INTERPRETATION AND MISCELLANEOUS

Citation, commencement and extentN.I.

1.—(1) These Regulations may be cited as the Representation of the People (Northern Ireland) Regulations 2008 and shall come into force on 1st July 2008.

(2) These Regulations extend to Northern Ireland only.

RevocationsN.I.

2.  The instruments listed in column 1 of Schedule 2 to these Regulations (which have the corresponding reference in column 2) are revoked to the extent indicated in column 3.

InterpretationN.I.

3.—(1) For the purposes of these Regulations, unless the context otherwise requires—

“the 1962 Act” means the Electoral Law Act (Northern Ireland) 1962(1);

“the 1983 Act” means the Representation of the People Act 1983;

“the 1985 Act” means the Representation of the People Act 1985(2);

“the 1989 Act” means the Elected Authorities (Northern Ireland) Act 1989(3);

“the 2000 Act” means the Representation of the People Act 2000(4);

“the 2002 Act” means the Electoral Fraud (Northern Ireland) Act 2002(5);

“the 2006 Act” means the Electoral Administration Act 2006;

[F1“address claimed as the qualifying address”, in relation to a person applying to be registered, means the address in respect of which the person is applying to be registered;]

“available for inspection” means available for inspection during ordinary office hours;

“British Council employee” means a person employed by the British Council in a post outside the United Kingdom;

“candidate” has the same meaning as section 118A of the 1983 Act(6);

[F2“certificate of anonymous registration” means a certificate issued in pursuance of regulation 53D;]

“copy of a birth certificate” means—

(a)

in relation to a birth certificate issued in Northern Ireland, a certified copy of a birth entry issued by the Registrar General of Births and Deaths in Northern Ireland;

(b)

in relation to a birth certificate issued in England or Wales, a certified copy of a birth entry issued by the Registrar General for England and Wales;

(c)

in relation to a birth certificate issued in Scotland, an extract of a birth entry issued by the Registrar General of Births, Deaths and Marriages for Scotland; and

(d)

in relation to a birth certificate issued elsewhere, a copy certified by the issuing authority;

“Crown servant” means a person who is employed in a post falling within the class or description set out in regulation 16;

“data” means information which is recorded with the intention that it should be processed by means of equipment operating automatically in response to instructions given for that purpose;

[F3“declaration of local connection” has the same meaning as in section 7B(1) of the 1983 Act(5);]

“edited register” has the meaning given in regulation 93(1);

“elections rules” means the parliamentary elections rules in Schedule 1 to the 1983 Act;

F4...

F4...

“full register” has the meaning given in regulation 93(1);

“list of overseas electors” means the list prepared under regulation 53;

“local elector” and “local election” have the same meaning as in section 130(1) of the 1962 Act;

[F5“mental hospital” has the meaning given in section 7(6) of the 1983 Act(6);]

“Miscellaneous Provisions Act” means the Northern Ireland (Miscellaneous Provisions) Act 2006(7);

“overseas elector” means a person who has made an overseas elector’s declaration and is registered or entitled to be registered as a parliamentary elector in pursuance of it;

[F6“previous registration condition” has the same meaning as in section 1A(2) of the 1985 Act(7);

“previous residence condition” has the same meaning as in section 1A(3) of the 1985 Act;]

“specified authorities” means authorities set out in regulation 42(2);

“specified information” means information set out in regulation 42(3) to (6);

“register” means the register of electors;

“registration area” means the area covered by a particular register; F7...

“registration officer” means the electoral registration officer;

[F8“renewal declaration” has the same meaning as in section 1E of the 1985 Act(8);]

[F9“the UK digital service” has the same meaning as in section 10ZF of the 1983 Act, and references to an application submitted through the UK digital service or any other thing done through the UK digital service shall be construed in accordance with subsection (4) of that section.]

(2) A reference in these Regulations to a form identified by means of an alphabetical letter shall be construed as a reference to the form so identified in Schedule 3 to these Regulations.

(3) Any reference in these Regulations to a provision of the 1983 Act which has been applied by section 2(1) of, and Schedule 1 to, the 1989 Act (8) shall include a reference to that provision as so applied and with any modifications specified in Part II of that Schedule.

Textual Amendments

Modifications etc. (not altering text)

FormsN.I.

4.—(1) The registration officer shall supply free of charge as many forms for use in connection with registration and voting 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 electors or an election.

(2) The forms set out in Schedule 3 to these Regulations may be used with such variations as the circumstances may require, provided that the form used is substantially to the like effect as the form in Schedule 3.

Modifications etc. (not altering text)

Communication of applications, notices etc.N.I.

5.—[F10(1)] The requirement in these Regulations that any application, [F11attestation,] notice, [F12reminder,] [F13representation, objection or any other communication that is sent] should be in writing is satisfied where (apart from the usual meaning of that expression) the text of it—

(a)is transmitted by electronic means;

(b)is received in legible form; and

(c)is capable of being used for subsequent reference.

[F14(2) The reference to “text” in paragraph (1) includes a signature.]

Textual Amendments

Modifications etc. (not altering text)

Electronic signatures and related certificatesN.I.

6.—(1) A requirement in these Regulations for an application (other than an application under regulation 13 F15... or 55), notice, representation or objection to be signed is satisfied (as an alternative to a signature given by hand) where there is—

(a)an electronic signature incorporated into or otherwise logically associated with a particular electronic communication; and

(b)the certification by any person of such a signature.

(2) For the purposes of this regulation an electronic signature is so much of anything in electronic form as—

(a)is incorporated into or otherwise logically associated with any electronic communication, or both; and

(b)purports to be so incorporated or associated with the purpose of being used in establishing the authenticity of the communication, the integrity of the communication or both.

(3) For the purposes of this regulation an electronic signature incorporated into or associated with a particular electronic communication is certified by any person if that person (whether before or after the making of the communication) has made a statement confirming that—

(a)the signature;

(b)a means of producing, communicating or verifying the signature; or

(c)a procedure applied to the signature,

is (either alone or in combination with other factors) a valid means of establishing the authenticity of the communication, the integrity of the communication or both.

Textual Amendments

Modifications etc. (not altering text)

Copies of documentsN.I.

7.—(1) Where a document is made available for inspection under these Regulations, any person may make a copy (whether hand-written or by other means) of the whole or any part of it.

(2) Paragraph (1) does not apply to the full register.

(3) A person inspecting the full register may not—

(a)make copies of any part of it; or

(b)record any particulars included in it,

otherwise than by means of hand-written notes.

(4) A person who inspects the full register and makes a copy of it or records any particulars included in it otherwise than by means of hand-written notes shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5) In this regulation “full register” includes—

(a)any part of it; and

(b)any notice published under section 13A(2) or 13BA(3),(6) or (9) of the 1983 Act(9) altering the register.

TimeN.I.

8.—(1) Where the day or last day of the time allowed by these Regulations for the doing of anything falls on any of the days mentioned in paragraph (3), that time shall be extended until the next following day which is not one of those days.

(2) Subject to regulation 61(5), in computing any period of not more than 7 days for the purposes of these Regulations any of the days mentioned in paragraph (3) shall be disregarded.

(3) The days referred to in paragraphs (1) and (2) are a Saturday, Sunday, Christmas Eve, Christmas Day, Good Friday or a bank holiday.

(4) In paragraph (3) “bank holiday” means a day which is a bank holiday under the Banking and Financial Dealings Act 1971(10) in Northern Ireland.

Modifications etc. (not altering text)

[F16Official poll card and postal poll card at parliamentary electionsN.I.

9.—(1) The following forms are prescribed for the purpose of rule 28(3) of the elections rules.

(2) The official poll card issued to an elector must be in Form A.

(3) The official postal poll card issued to an elector who is on the absent voters list for the election (kept under section 7(4) of the 1985 Act) must be in Form A1.

(4) The official poll card issued to the proxy of an elector must be in Form B.

(5) The official postal poll card issued to the proxy of an elector who is entitled to vote by post as proxy at the election must be in Form B1.]

Textual Amendments

Return and declaration of election expensesN.I.

10.—(1) For the purpose of section 75(3) of the 1983 Act, the form of the return of election expenses shall be in Form C and the form of the declaration as to elections expenses shall be in Form D.

(2) The price of a copy of any such return, declaration or any accompanying document shall be at the rate of 20p for each side of each page.

Interference with notices etc.N.I.

11.  If any person without lawful authority destroys, mutilates, defaces or removes any notice published by the Chief Electoral Officer in connection with his statutory duties or any copies of a document which have been made available for inspection in pursuance of those duties, he shall be liable on a summary conviction to a fine not exceeding level 3 on the standard scale.

Modifications etc. (not altering text)

Device referred to in rule 29(3A)(b) of elections rulesN.I.

F1712.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Applications for an electoral identity cardN.I.

13.—(1) A person may apply for an electoral identity card under section 13C(11)) of the 1983 Act if he falls within either of the descriptions of person set out in paragraph (2).

(2) Those descriptions are—

(a)a person who is registered in a register of parliamentary or local electors in Northern Ireland; or

(b)a person who applies to be so registered at the same time as he applies for an electoral identity card.

(3) An application for an electoral identity card must state—

(a)the applicant’s full name and date of birth;

(b)the address in respect of which he is registered as an elector or in respect of which he applies to be so registered; and

(c)his national insurance number, if any,

and be signed by the applicant.

[F18Notification of determination of application for electoral identity card N.I.

13A.—(1) Where the Chief Electoral Officer for Northern Ireland determines an application for an electoral identity card, they must notify the applicant of that determination, together with any other information required by this regulation.

(2) Where the Chief Electoral Officer refuses the application, they must also notify the applicant of—

(a)the reason for the refusal,

(b)the right of appeal under section 58(1)(bb) of the 1983 Act, and

(c)the time in which any notice of appeal under that section must be given (in accordance with regulation 13B(1)).

(3) Where the Chief Electoral Officer notifies the applicant other than by written notification, they must, as soon as reasonably practicable after that notification send a written notification containing the same information to the applicant’s address, as specified in the application.]

Textual Amendments

[F18Appeal following determination N.I.

13B.—(1) A person who wishes to appeal under section 58(1)(bb) of the 1983 Act against a determination of the Chief Electoral Officer for Northern Ireland to refuse an application for an electoral identity card must give notice of the appeal to the Chief Electoral Officer before the end of the period of 14 days beginning with the day on which the notification under regulation 13A is given, specifying the grounds of the appeal.

(2) Where regulation 13A(3) applies in respect of the refusal, the reference to notification in paragraph (1) is to be read as the first notification under regulation 13A to that person.

(3) The Chief Electoral Officer must forward any such notice of appeal to the appropriate county court in the manner directed by rules of court together with a statement setting out—

(a)the material facts which in the Chief Electoral Officer’s opinion have been established in the case,

(b)the Chief Electoral Officer’s decision, and

(c)the Chief Electoral Officer’s representations on any point specified as a ground of appeal.

(4) The Chief Electoral Officer must also give to the county court any other information which the court may require and which the Chief Electoral Officer is able to give.

(5) Where it appears to the Chief Electoral Officer that any notices of appeal given to the Chief Electoral Officer are based on similar grounds, the Chief Electoral Officer must inform the county court of this to enable the court (if it thinks fit) to consolidate the appeals or select a case as a test case.]

Textual Amendments

Registration of European parliamentary overseas electorsN.I.

F1914.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Amendment of rule 37(1E) of the elections rulesN.I.

15.  Rule 37(1E) of the elections rules(12) is amended as follows—

(a)in sub-paragraph (a) omit “current”;

(b)in sub-paragraph (b) omit “current”;

(c)in sub-paragraph (h) for “a current” substitute “an”;

(d)at the end of paragraph (1E) omit “Article 12 of”;

(e)after sub-paragraph (i) insert—

“(j)a Blind Person’s SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;

(k)a War Disabled SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002.”.

PART 2N.I.SERVICE AND OVERSEAS ELECTORS’ DECLARATIONS

Service declarationsN.I.

Qualification for Crown servantN.I.

16.  The class or description of person prescribed for the purposes of section 14(1)(b) of the 1983 Act are such persons (other than members of the forces within the meaning of section 59(1) of the 1983 Act) who are employed in the service of the Crown in a post outside the United Kingdom and who are required to devote their whole working time to the duties of such a post and whose remuneration in respect of that post is paid wholly out of money provided by Parliament.

Contents of service declarationN.I.

17.—(1) In addition to the matters specified in paragraphs (a) to (f) of section 16 of the 1983 Act(13), a service declaration shall state—

(a)the declarant’s full name and present address;

(b)the ground on which the declarant claims a service declaration; and

(c)such of the particulars specified in paragraphs (2), (3) or (4) as are relevant to the service qualification claimed by the declarant.

(2) Where the declarant claims a service qualification on the grounds that he is a member of the forces (within the meaning of section 59(1) of the 1983 Act) or the spouse or civil partner of such a member, the service declaration shall state—

(a)the service (whether naval, military or air forces) in which that member serves;

(b)the rank or rating of that member; and

(c)the service number of that member,

and where that member serves in the military forces, the service declaration shall in addition state the regiment or corps in which he serves.

(3) Where the declarant claims a service qualification on the grounds that he is a Crown servant to whom regulation 16 applies or the spouse or civil partner of such a servant, the service declaration shall state—

(a)the name of the Government department in which that servant works; F20...

(b)a description of the post of that servant [F21; and]

[F22(c)any staff number, payroll number or other similar identifying number of that servant.]

(4) Where the declarant claims a service qualification on the grounds that he is a British Council employee or the spouse or civil partner of such an employee, the service declaration shall [F23state—

(a)a description of the post of that employee; and

(b)any staff number, payroll number or other similar identifying number of that employee.]

Textual Amendments

Transmission of service declarationN.I.

F2418.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Notification by registration officer in respect of service declarationN.I.

19.—(1) Where the registration officer is satisfied that the service declaration is duly made he shall so notify the declarant.

(2) Where the registration officer rejects an application for registration in pursuance of a service declaration because it—

(a)does not contain the particulars required in paragraphs (a) to (f) of section 16 of the 1983 Act and regulation 17; or

(b)does not comply with the requirements of sections 14 and 15 of the 1983 Act(14) or, where appropriate, regulation 17 F25...,

he shall return the declaration to the declarant setting out his reasons for so doing.

Textual Amendments

Overseas elector’s declarationsN.I.

[F26Contents of overseas elector’s declarationN.I.

20.—(1) In addition to the information required or permitted by section 1C of the 1985 Act, an overseas elector’s declaration must—

(a)state the present address of the person making the declaration (“the declarant”),

(b)state—

(i)where the declarant has a passport (current or expired) which describes the declarant as a British citizen, the number of that passport, together with its date and place of issue;

(ii)otherwise—

(aa)where the declarant was born in the United Kingdom before 1st January 1983, a statement as to that fact;

(bb)in all other cases, a statement as to when and how the declarant acquired the status of British citizen, together with the date, place and country of the declarant’s birth, and

(c)if the declaration includes a statement under section 1C(5) of the 1985 Act (statement that declarant is an eligible Irish citizen), state—

(i)where the declarant has an Irish passport (current or expired), the number of that passport, together with its date and place of issue;

(ii)otherwise, a statement as to when and how the declarant acquired the status of Irish citizen, together with the date, place and country of the declarant’s birth.

(2) Where the declarant is seeking to be registered in reliance on the previous registration condition, the declaration must also—

(a)include—

(i)an indication as to whether the declarant’s name has changed since the declarant was last included in the register, and

(ii)where the indication is that the declarant’s name has changed—

(aa)the name in respect of which the declarant was last included in the register, and

(bb)the reason for the change, and

(b)include an indication as to whether the declarant was last registered in pursuance of—

(i)an overseas elector’s declaration,

(ii)a service declaration, or

(iii)a declaration of local connection.

(3) Where the declarant is seeking to be registered in reliance on the previous residence condition, the declaration must also—

(a)include—

(i)an indication as to whether the declarant’s name has changed since the last day on which the declarant was resident in the United Kingdom, and

(ii)where the indication is that the declarant’s name has changed—

(aa)the declarant’s name on the last day on which the declarant was resident in the United Kingdom, and

(bb)the reason for the change,

(b)include an indication as to whether the declarant was under 18 years old on the last day on which the declarant was resident in the United Kingdom, and

(c)where the declarant is seeking to be registered in reliance on the previous residence condition by virtue of section 1A(3)(b)(ii) of the 1985 Act (previous residence condition: declaration of local connection), include—

(i)a statement as to which of the categories of person mentioned in section 7B(2)(a) to (c) of the 1983 Act (notional residence: declarations of local connection) the declarant fell within on the last day on which the declarant was resident in the United Kingdom, and

(ii)where the declarant fell within the category of person mentioned in section 7B(2)(a) or (b) of the 1983 Act on that day, the name and address of the mental hospital at which the declarant was a patient or (as the case may be) the place at which the declarant was detained.

(4) Where the declaration includes an indication that the declarant was under 18 years old on the last day on which the declarant was resident in the United Kingdom, the declarant may provide as part of the declaration any information or document described in regulation 27ZA.

(5) In paragraph (1)(b)(ii)(aa), “the United Kingdom” has the meaning given in section 50 of the British Nationality Act 1981.]

Textual Amendments

Certain declarants to supply copy of birth certificatesN.I.

F2721.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Attestation of certain overseas electors’ declarationsN.I.

F2822.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Notification about registration as overseas electorN.I.

23.—(1) Where the registration officer is satisfied that the declarant qualifies as an overseas elector under [F29section 1A] of the 1985 Act, he shall so notify the declarant [F30in writing].

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

(a)in his opinion the declarant does not qualify as an overseas elector under [F31section 1A] of the 1985 Act, or

(b)the declaration does not satisfy the requirements of [F32section 1C] of the 1985 Act or regulation 20 F33..., F31...

F34(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F35the registration officer must notify the declarant in writing and set out their reasons for rejecting the application.]

F36(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F37Reminders to electors registered in pursuance of an overseas elector’s declarationN.I.

23A.—(1) This paragraph applies in relation to a person (“P”) who is registered in pursuance of an overseas elector’s declaration.

(2) Subject to paragraph (3), the registration officer must, during the relevant period, send to P a reminder in writing of the need to make a renewal declaration if P wishes to remain registered in pursuance of the overseas elector’s declaration.

(3) Paragraph (2) does not apply or ceases to apply where the registration officer has received—

(a)a renewal declaration from P, or

(b)information which indicates that P is no longer entitled to make a renewal declaration.

(4) In paragraph (2), “relevant period” means the period—

(a)beginning with 1st July of the year in which P’s registration is due to end in accordance with section 1D(1)(a) or (3)(a) of the 1985 Act(14), and

(b)ending with 1st October of that year.

Textual Amendments

Renewal declarationsN.I.

23B.—(1) A renewal declaration must include, in addition to the information required or permitted by section 1E of the 1985 Act—

(a)the declarant’s national insurance number, and

(b)the declarant’s present address.

(2) A renewal declaration must be in writing and be signed by the declarant.

Textual Amendments

Notification about continued registration as an overseas elector following renewal declarationN.I.

23C.—(1) Where the registration officer is satisfied that a person making a renewal declaration (“the declarant”) is entitled to remain registered in pursuance of an overseas elector’s declaration, the registration officer must notify the declarant of that fact.

(2) Where the registration officer is not so satisfied, the registration officer must notify the declarant of that fact together with the registration officer’s reasons for not being so satisfied.]

Textual Amendments

PART 3N.I.REGISTRATION

Information about electorsN.I.

Power to require informationN.I.

24.—(1) The registration officer may require any person to give such information or documentation as is required for the purposes of that officer’s duties in maintaining registers of parliamentary and local electors [F38except where these Regulations specify the information or documentation that a registration officer may require].

(2) The registration officer may specify the form in which any information required under paragraph (1) is to be provided.

(3) If any person fails to comply with any such requirement of the registration officer as is mentioned in this regulation, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Textual Amendments

Alteration of registers under section 13BA(3) [F39or 13BC] of the 1983 ActN.I.

25.—(1) For the purposes of section 13BA(3) of the 1983 Act the prescribed date is the eleventh day before the day of the poll.

[F40(1A) For the purposes of section 13BC(2)(d) of the 1983 Act (alteration of registers: recall petition) the prescribed date is the eleventh day before the beginning of the signing period (within the meaning of section 9(2) of the Recall of MPs Act 2015).]

(2) For the purposes of section 13BA(3) [F41or 13BC] of the 1983 Act, the additional supporting material is [F42such of the material as is prescribed in regulations 25A to 25C] as the registration officer may require.

F43(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The documents which the registration officer may require to demonstrate that the applicant has been resident in Northern Ireland during the whole of the period of three months ending on the relevant date within the meaning of section 4 of the 1983 Act are such of the following documents which have been issued not less than three months and not more than six months before the date of the application—

(a)a licence to drive a motor vehicle which bears a photograph of the applicant;

(b)a bill or statement of account issued in respect of the supply of gas, water, electricity or telecommunications services to premises at an address specified in the statement;

(c)a statement issued by a bank or building society relating to an account held at that bank or building society;

(d)a bill or statement of account issued by Land and Property Services (meaning that part of the Department of Finance and Personnel for Northern Ireland known as Land and Property Services Executive Agency);

(e)a bill or statement of account issued in respect of a debit or credit card by a bank or building society; F44...

(f)a statement issued by a bank or building society in relation to a mortgage [F45; and

(g)a bill or statement issued by a Credit Union within the meaning of article 2 of the Credit Unions (Northern Ireland) Order 1985].

Textual Amendments

Modifications etc. (not altering text)

[F46Regulation 25 supplementary: additional supporting material in relation to identityN.I.

25A.—(1) This regulation prescribes the additional supporting material which, for the purposes of sections 13BA(3) and 13BC of the 1983 Act, the registration officer may require in relation to the identity of an applicant.

(2) The additional supporting material is a copy of, or, where the registration officer considers it appropriate, the original of—

(a)one of the following documents issued to the applicant—

(i)a passport;

(ii)a photocard driving licence (current or expired) issued in the United Kingdom or the European Economic Area or granted by a Crown Dependency;

(iii)a biometric immigration document issued in the United Kingdom in accordance with regulations made under section 5 of the UK Borders Act 2007(15);

(iv)an electoral identity card issued under section 13C(1) of the 1983 Act(16);

(v)an identity card issued in the European Economic Area;

(vi)a Senior SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;

(vii)a Blind Person’s SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;

(viii)a War Disabled SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;

(ix)a 60+ SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st October 2008;

(x)a Half Fare SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st April 2004;

(xi)a statutory declaration as to the applicant’s name and date of birth, or

(b)if the applicant is unable to provide a document listed in sub-paragraph (a), two of the following documents issued to or in respect of the applicant—

(i)a copy of the applicant’s birth certificate(17);

(ii)a marriage certificate;

(iii)a certificate of civil partnership;

(iv)an adoption certificate;

(v)a driving licence other than a driving licence specified in sub-paragraph (a)(ii);

(vi)a firearms certificate issued under the Firearms (Northern Ireland) Order 2004(18);

(vii)a certificate of naturalisation showing that the applicant has become a British citizen or Commonwealth citizen by virtue of naturalisation;

(viii)a document showing that the applicant has become a British citizen or Commonwealth citizen by virtue of registration;

(ix)a Form P45 or Form P60 issued to the applicant by their employer or former employer;

(x)a statement of benefits or entitlement to benefits under an enactment relating to social security, where the statement contains the applicant’s national insurance number.

(3) If the applicant is unable to provide a document listed in paragraph (2)(a) or two of the documents listed in paragraph (2)(b), the additional supporting material is an attestation which—

(a)confirms that the applicant is the person named in the application, and

(b)meets the general attestation requirements in regulation 27ZH(1).

  

(4) In paragraph (1), “Crown Dependency” means the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man.

Textual Amendments

Regulation 25 supplementary: additional supporting material in relation to nationalityN.I.

25B.—(1) This regulation prescribes the additional supporting material which, for the purposes of sections 13BA(3) and 13BC of the 1983 Act, the registration officer may require in relation to the nationality of an applicant.

(2) The additional supporting material is a copy of, or, where the registration officer considers it appropriate, the original of—

(a)if the applicant is not seeking to be registered in pursuance of an overseas elector’s declaration, one of the following documents issued to or in respect of the applicant—

(i)a copy of the applicant’s birth certificate;

(ii)a certificate of naturalisation showing that the applicant has become a British citizen or Commonwealth citizen by virtue of naturalisation;

(iii)a document showing that the applicant has become a British citizen or Commonwealth citizen by virtue of registration;

(iv)a statutory declaration that the applicant is a British citizen, a qualifying Commonwealth citizen, a citizen of Ireland [F47, a qualifying EU citizen or an EU citizen with retained rights];

(v)a passport issued by the Government of the United Kingdom, a member State or a Commonwealth country, or

(b)if the applicant is seeking to be registered in pursuance of an overseas elector’s declaration, one of the following documents issued to or in respect of the applicant—

(i)a copy of the applicant’s birth certificate;

(ii)a certificate of naturalisation showing that the applicant has become a British citizen by virtue of naturalisation;

(iii)a document showing that the applicant has become a British citizen by virtue of registration;

(iv)a statutory declaration that the applicant is—

(aa)a British citizen, or

(bb)an Irish citizen who was born in Northern Ireland and qualifies as a British citizen (whether or not the applicant identifies as such).

(3) If the applicant is unable to provide a document listed in paragraph (2)(a) or (b) (whichever is relevant), the additional supporting material is an attestation which—

(a)confirms that the nationality of the applicant is the nationality stated in the application, and

(b)meets the general attestation requirements in regulation 27ZH(1).

  

(4) In paragraph (1)(a)(iv), “qualifying Commonwealth citizen” has the meaning given in section 4(6) of the 1983 Act(20).

Textual Amendments

Regulation 25 supplementary: additional supporting material in relation to address claimed as qualifying addressN.I.

25C.—(1) This regulation prescribes the additional supporting material which, for the purposes of sections 13BA(3) and 13BC of the 1983 Act, the registration officer may require in relation to the address which an applicant claims as their qualifying address.

(2) The additional supporting material is a copy of, or, where the registration officer considers it appropriate, the original of any document which—

(a)is listed in paragraph (4), and

(b)bears—

(i)the full current or former name of the applicant, and

(ii)the address claimed as the qualifying address.

(3) Where the applicant is not seeking to be registered in pursuance of a service declaration, a declaration of local connection or an overseas elector’s declaration, the document referred to in paragraph (2) must have been issued within the period of three months ending with the date of application unless it is a driving licence.

(4) The documents are—

(a)a driving licence issued in the United Kingdom which—

(i)if the applicant is seeking to be registered in pursuance of a service declaration, a declaration of local connection or an overseas elector’s declaration, may be current or expired;

(ii)otherwise, must be current;

(b)a bill or statement of account issued by Land and Property Services (meaning that part of the Department of Finance in Northern Ireland known as Land and Property Services Executive Agency);

(c)a utility or mobile telephone bill;

(d)a bank or building society passbook or statement, or a letter from a bank or building society, confirming that the applicant has opened an account with that bank or building society;

(e)a credit card statement;

(f)a bill or statement issued by a credit union within the meaning of article 2 of the Credit Unions (Northern Ireland) Order 1985(21);

(g)a pension statement;

(h)an instrument of a court appointment, such as a grant of probate or letters of administration;

(i)a letter from His Majesty’s Revenue and Customs;

(j)a letter from a school, college, university or other educational institution which confirms the attendance of, or the offer of a place for, the applicant at that institution;

(k)a letter from Student Finance Northern Ireland;

(l)an official copy of the land registry entry for the address claimed as the qualifying address or other proof of title for that address;

(m)a solicitor’s letter confirming the purchase of, or confirmation of the land registry registration of, the address claimed as the qualifying address;

(n)a Form P45, Form P60, reference or payslip issued to the applicant by their employer or former employer;

(o)a letter from an insurance provider;

(p)a rent book issued by the Northern Ireland Housing Executive;

(q)a statement of benefits or entitlement to benefits under an enactment relating to social security;

(r)a letter from the Department for Communities in Northern Ireland confirming the applicant’s entitlement to a state pension;

(s)a letter from the Office of Care and Protection, confirming the registration of a lasting power of attorney.

(5) If the applicant is unable to provide a document which meets the requirements of paragraph (2) and (if relevant) paragraph (3), the additional supporting material is an attestation which—

(a)confirms the basis on which the applicant is entitled to be registered in respect of the address claimed as their qualifying address, and

(b)meets the general attestation requirements in regulation 27ZH(1).

(6) If the applicant’s name in a document provided in accordance with paragraph (2) is different from the applicant’s name in their application, the additional supporting material also includes—

(a)an explanation as to the difference in name, and

(b)evidence confirming the change of the applicant’s name.]

Textual Amendments

Reminders to electors registered [F48in pursuance of a service declaration or declaration of local connection] N.I.

26.—(1) This regulation applies in respect of a person registered in pursuance of—

(a)a service declaration; [F49or]

(b)a declaration of local connection; F50...

F50(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Subject to paragraph (4), the registration officer shall, during the relevant period, send a person to whom this regulation applies a reminder [F51in writing] of the need to make a fresh declaration if he wishes to remain registered as an elector in pursuance of such a declaration.

(3) In paragraph (2) the “relevant period” means–

(a)except in cases to which sub-paragraph (b) applies, the period beginning nine months after the date when the existing entry in the register of the person in question first takes effect and ending ten months after that date;

[F52(b)in the case of a person mentioned in section 14(1)(a) or (d) of the 1983 Act (members of the forces and their spouses or civil partners) who is registered in pursuance of a service declaration, the period beginning 57 months after the date when the existing entry in a register of the person in question first takes effect and ending 58 months after that date.]

(4) Paragraph (2) does not apply in respect of a person to whom this regulation applies where—

(a)the registration officer has already received from that person a fresh declaration; or

(b)information which the registration officer has received indicates that that person is no longer entitled to make the relevant declaration.

Textual Amendments

[F53Reminders to persons who have an anonymous entryN.I.

26A.—(1) This regulation applies to a person (“P”) who has an anonymous entry in the register of parliamentary or local electors.

(2) Subject to paragraph (3), the registration officer must, during the relevant period, send to P a reminder [F54in writing] that P’s entitlement to be registered will terminate on the determined date and that—

(a)if P wishes to remain entered in the register anonymously after that date, P must make a fresh application for an anonymous entry under section 9B(1)(b) of the 1983 Act;

(b)if P wishes to remain entered in the register without an anonymous entry, P must make a fresh application for registration under section 10A(1)(a) of the 1983 Act.

(3) Paragraph (2) does not apply (or ceases to apply) where the registration officer has received from P a fresh application for an anonymous entry under section 9B(1)(b) of the 1983 Act.

(4) In this regulation—

“the determined date” is the date on which P’s entitlement to remain registered will terminate under section 9C(1A) of the 1983 Act;

“the relevant period” is the period beginning six months before the determined date and ending three months before that date.]

Textual Amendments

Applications for registrationN.I.

27.—(1) An application for registration as a parliamentary or local elector (or both) under section 10A(1)(a) or 13A(1)(a) of the 1983 Act(19)(“an application for registration”) shall, in addition to the requirements of section 10A(1A) and 13A(2A) of that Act(20), state—

(a)the applicant’s full name;

(b)[F55except in the case of a person applying to be registered in pursuance of a service declaration, a declaration of local connection or an overseas electors’ declaration,] the address in respect of which the applicant applies to be registered and at which he is resident on the date of the application;

[F56(c)in the case of an applicant who no longer claims to be entitled to be registered at an address in respect of which the applicant is currently registered as an elector, either—

(i)the fact that the applicant has ceased to reside at that address; or

(ii)the fact that the registration was in pursuance of a service declaration, a declaration of local connection or an overseas electors’ declaration, and the fact that the applicant is no longer entitled to make that declaration;

(ca)in the case of an applicant who has confirmed pursuant to section 10A(1A)(c)(i) or 13A(2A)(c)(i) of the 1983 Act that the applicant does not have a national insurance number, the reason why the applicant does not have it;

[F57(caa)in the case of an applicant who is a citizen of a Member State of the European Union that is not listed in Schedule 6A to the 1983 Act, other than a citizen of Cyprus, Malta or the Republic of Ireland, an indication as to whether the applicant meets the requirements set out in section 203B(1) of the 1983 Act;]

(cb)except in the case of a person applying to be registered in pursuance of an overseas elector’s declaration or a service declaration, the applicant’s nationality or nationalities or, if the applicant is not able to provide that information, the reason why the applicant is not able to do so;]

F58(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)in the case of an applicant who is a merchant seaman within the meaning of section 6 of the 1983 Act, that fact; F59...

(f)in the case of an applicant [F60whose application is not accompanied by an application for an anonymous entry and] who wishes his name and address to be omitted from the edited version of the register, that request [F61, and

(g)in the case of an applicant whose application is accompanied by an application for an anonymous entry, that fact.]

[F62(1A) Where an applicant has previously been known by a name other than that stated in accordance with paragraph (1)(a), the application may also state the applicant’s previous name.]

[F63(1B) Where an applicant is applying to be registered in pursuance of an overseas elector’s declaration and is unable to provide a national insurance number, the applicant may provide as part of their application a copy of any of the documents listed in regulation 25A(2).

(1C) Where an applicant is applying to be registered in pursuance of an overseas elector’s declaration in reliance on the previous residence condition, the applicant may provide as part of their application a copy of any document which meets the requirements of regulation 27ZB(2).]

(2) In the case of a person applying to be registered as a parliamentary or local elector (or both) in pursuance of a service declaration, a declaration of local connection or an overseas elector’s declaration, the declaration in question shall accompany the application.

[F64(3) An application for registration [F65which is submitted through the UK digital service must include a statement] by the applicant that, by submitting the application or instructing another person to submit it on the applicant’s behalf, the applicant confirms that—

(a)the applicant is the person named in the application; and

(b)[F66the applicant believes the matters stated in the application and any accompanying declaration to be true.]

[F67(3ZA) Where the registration officer provides the form on which an application for registration is made, the form must include—

(a)the following statements—

(i)that persons without lawful immigration status are ineligible to register to vote;

(ii)that the registration officer may request checks in relation to an applicant’s immigration status against Home Office records, and that, for persons applying to register as EU citizens with retained rights only, this may include checks in relation to historical immigration status;

(b)a statement that a person is ineligible to vote unless the person is—

(i)a qualifying Commonwealth citizen,

(ii)a citizen of the Republic of Ireland,

(iii)a qualifying EU citizen, or

(iv)an EU citizen with retained rights;

(c)a statement that the registration officer may require the applicant to provide additional information in relation to nationality, may carry out checks against Government records, and that, for persons applying to register as EU citizens with retained rights only, this may include checks in relation to historical nationality.]

[F68(3ZZA) An application for registration which is not submitted through the UK digital service and is made otherwise than in pursuance of an overseas elector’s declaration must include a statement that—

(a)the applicant is the person named in the application, and

(b)the applicant believes the matters stated in the application and any accompanying declaration to be true.

(3ZZB) An application for registration which is not submitted through the UK digital service and is made in pursuance of an overseas elector’s declaration must include a statement that—

(a)the applicant is the person named in the application, and

(b)the applicant believes the matters stated in the application to be true.]

(3A) Where the applicant is unable to read, the applicant shall arrange for the declaration mentioned in paragraph (3) to be read out to the applicant before the application is submitted.

(3B) Where the application is to be submitted through the UK digital service and the applicant is unable to submit it owing to a disability, the applicant may instruct a person of 18 years or over to submit it on behalf of the applicant in the applicant’s presence.]

(4) An application for registration shall be made in writing F69... and dated F70....

[F71(4A) An application for registration may include the applicant’s email address and telephone number if the applicant is willing for the registration officer to contact the applicant by such means.]

F72(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where the registration officer provides the form on which an application for registration is made, the form of words in Schedule 5 or a form of words with substantially like effect with such variations as the registration officer may consider appropriate must form part of, or accompany, the application form.

[F73(6A) Where the registration officer provides the form on which an application for registration is made, the form shall include—

(a)the words “It is an offence to provide false information in this form”, and

(b)a statement of the maximum penalty for the offence.]

(7) Where an application for registration is made otherwise than on a form provided by the registration officer, that officer must on or before the determination of the application send to the applicant [F74in writing] the form of words in Schedule 5 or a form of words with substantially like effect and request the applicant to state within 21 days beginning with the date of that request if he wishes his name and address to be excluded from the edited version of the register.

(8) Where an applicant has not replied to the registration officer within 21 days beginning with the date on which the registration officer issued the request under paragraph (7), the registration officer shall assume that the applicant does not request his name and address to be excluded from the edited version of the register.

(9) Where an applicant has replied making such a request within that period, the request shall be treated as part of the application for registration.

[F75(10) Paragraphs [F76(6) and (7) to (9)] do not apply to an application for registration which is accompanied by an application for an anonymous entry.]

Textual Amendments

[F77Overseas electors: power to require additional evidence where applicant under 18 when last resident in the United KingdomN.I.

27ZA.—(1) This regulation applies where—

(a)a person has made an application to be registered in pursuance of an overseas elector’s declaration,

(b)the applicant has indicated that they were under the age of 18 years on the last day on which they were resident in the United Kingdom, and

(c)the registration officer considers that additional evidence is necessary to be satisfied that the applicant was resident at the address claimed as their qualifying address on that day.

(2) The registration officer may require the applicant to provide—

(a)the full name of a parent or guardian of the applicant who was resident at the address claimed as the qualifying address on the last day on which the applicant was resident in the United Kingdom, and

(b)an indication as to whether the parent or guardian was registered in the register in respect of that address on that day.

(3) Where the information provided in accordance with paragraph (2) is in relation to a parent, the applicant must also provide a copy of the applicant’s birth certificate showing the full name of that parent and the applicant’s date of birth.

(4) Where the information provided in accordance with paragraph (2) is in relation to a guardian, the registration officer may require the applicant to provide such documentary evidence as the registration officer considers appropriate confirming that the person named was a guardian of the applicant.

Textual Amendments

Overseas electors: power to require additional evidence of previous residenceN.I.

27ZB.—(1) This regulation applies where—

(a)a person has made an application to be registered in pursuance of an overseas elector’s declaration, and

(b)the registration officer considers that additional evidence is necessary to be satisfied that the applicant satisfies the previous registration condition or the previous residence condition (whichever is relevant).

(2) The registration officer may require the applicant to provide a copy of, or, where the registration officer considers it appropriate, the original of, any document which—

(a)bears the full current or previous name of the applicant, and

(b)bears the address claimed as the qualifying address.

(3) A document which meets the requirements of paragraph (2) and is listed in paragraph (5) is deemed to provide conclusive evidence that the applicant satisfies the previous registration condition or the previous residence condition (whichever is relevant).

(4) But the deeming provision in paragraph (3) only applies in the case of a document bearing the previous name of the applicant where the registration officer is satisfied as to the applicant’s change in name (see further, regulation 27ZG).

(5) The documents are—

(a)a driving licence (current or expired) issued in the United Kingdom;

(b)a bill or statement of account issued by Land and Property Services (meaning that part of the Department of Finance in Northern Ireland known as Land and Property Services Executive Agency);

(c)a utility or mobile telephone bill;

(d)a bank or building society passbook or statement, or a letter from a bank or building society, confirming that the applicant has opened an account with that bank or building society;

(e)a credit card statement;

(f)a bill or statement issued by a credit union within the meaning of article 2 of the Credit Unions (Northern Ireland) Order 1985;

(g)a pension statement;

(h)an instrument of a court appointment, such as a grant of probate or letters of administration;

(i)a letter from His Majesty’s Revenue and Customs;

(j)a letter from a school, college, university or other educational institution which confirms the attendance of, or the offer of a place for, the applicant at that institution;

(k)a letter from Student Finance Northern Ireland;

(l)an official copy of the land registry entry for the address claimed as the qualifying address or other proof of title for that address;

(m)a solicitor’s letter confirming the purchase of, or confirmation of the land registry registration of, the address claimed as the qualifying address;

(n)a Form P45, Form P60, reference or payslip issued to the applicant by their employer or former employer;

(o)a letter from an insurance provider;

(p)a rent book issued by the Northern Ireland Housing Executive;

(q)a statement of benefits or entitlement to benefits under an enactment relating to social security;

(r)a letter from the Department for Communities in Northern Ireland confirming the applicant’s entitlement to a state pension;

(s)a letter from the Office of Care and Protection in Northern Ireland, confirming the registration of a lasting power of attorney.

(6) If the applicant is unable to provide a document which meets the requirements of paragraph (2), or if the evidence provided in accordance with this regulation is not sufficient for the registration officer to determine that the applicant satisfies the previous registration condition or the previous residence condition (whichever is relevant), the registration officer may proceed under regulations 27ZC to 27ZF (so far as relevant).

Textual Amendments

Overseas electors: power to require attestation as to applicant’s previous residence at address claimed as qualifying addressN.I.

27ZC.—(1) This regulation applies where—

(a)the registration officer is permitted by regulation 27ZB(6) to proceed under this regulation, and

(b)the registration officer considers that additional evidence is necessary to be satisfied that the applicant was resident at the address claimed as the qualifying address.

(2) The registration officer may require the applicant to provide an attestation which—

(a)confirms that the applicant was resident at the address claimed as the qualifying address,

(b)indicates the dates between which, to the best of the attestor’s knowledge, the applicant was resident at that address, and

(c)meets the general attestation requirements in regulation 27ZH(1).

Textual Amendments

Overseas electors: power to require additional evidence as to previous registration in pursuance of a service declaration, residence as a merchant seaman or an overseas elector’s declarationN.I.

27ZD.—(1) This regulation applies where—

(a)the registration officer is permitted by regulation 27ZB(6) to proceed under this regulation,

(b)the application is made in reliance on the previous registration condition,

(c)the applicant has indicated that—

(i)their previous registration, or their last registration in the register otherwise than as an overseas elector, was in pursuance of a service declaration, or

(ii)their previous registration, or their last registration in the register otherwise than as an overseas elector, was in pursuance of residence determined in accordance with section 6 of the 1983 Act (residence: merchant seamen)(26), and

(d)the registration officer considers that additional evidence is necessary to be satisfied that the applicant was previously registered in respect of the address claimed as the qualifying address.

(2) The registration officer may require the applicant to provide either or both of the following—

(a)a copy of, or, where the registration officer considers it appropriate, the original of, any document which—

(i)bears the full current or previous name of the applicant, and

(ii)confirms that the applicant met the registration status requirement in paragraph (3);

(b)an attestation which—

(i)confirms the basis on which the applicant met the registration status requirement in paragraph (3),

(ii)indicates the dates between which, to the best of the attestor’s knowledge, the applicant met the requirement, and

(iii)meets the general attestation requirements in regulation 27ZH(1).

(3) The registration status requirement is that the applicant—

(a)where paragraph (1)(c)(i) applies, had a service qualification, or

(b)where paragraph (1)(c)(ii) applies, was a merchant seaman within the meaning of section 6 of the 1983 Act.

(4) Paragraph (5) applies where the applicant indicates that they were eligible to make a service declaration because they were the spouse or civil partner of a person (“D”) mentioned in section 14(1)(a), (b) or (c) of the 1983 Act(27).

(5) In addition to or instead of requiring evidence in accordance with paragraph (2)(a), the registration officer may require the applicant to provide the registration officer with a copy of, or, where the registration officer considers it appropriate, the original of, either of both of the following—

(a)a document which—

(i)bears D’s full current or previous name, and

(ii)confirms D’s service qualification under section 14(1) of the 1983 Act;

(b)a document which—

(i)bears D’s full current or previous name, and

(ii)confirms that D was, at the time the document was issued, the applicant’s spouse or civil partner.

(6) In this regulation—

“previous registration” means the registration referred to in section 1A(2)(a) of the 1985 Act;

“service qualification” has the same meaning as in section 14(1) of the 1983 Act.

Textual Amendments

Overseas electors: power to require additional evidence as to declaration of local connectionN.I.

27ZE.—(1) This regulation applies where—

(a)the registration officer is permitted by regulation 27ZB(6) to proceed under this regulation,

(b)the application is made in reliance on the previous registration condition,

(c)the applicant has indicated that their previous registration, or their last registration in the register otherwise than as an overseas elector, was in pursuance of a declaration of local connection, and

(d)the registration officer considers that additional evidence is necessary to be satisfied that the applicant was previously registered in respect of the address claimed as the qualifying address.

(2) This regulation also applies where—

(a)the registration officer is permitted by regulation 27ZB(6) to proceed under this regulation,

(b)the application is made in reliance on section 1A(3)(b)(ii) of the 1985 Act (previous residence condition: declaration of local connection), and

(c)the registration officer considers that additional evidence is necessary to be satisfied that, on the last day on which the applicant was resident in the United Kingdom, the applicant could have made a declaration of local connection.

(3) The registration officer may require the applicant to provide either or both of the following—

(a)a copy of, or, where the registration officer considers it necessary, the original of, any document which—

(i)bears the full current or previous name of the applicant, and

(ii)confirms that section 7B of the 1983 Act (notional residence: declarations of local connection) applied to the applicant on the last day on which the applicant was resident in the United Kingdom;

(b)an attestation which—

(i)confirms the basis on which the applicant met the local connection requirement,

(ii)indicates the dates between which, to the best of the attestor’s knowledge, the applicant met the local connection requirement, and

(iii)meets the general attestation requirements in regulation 27ZH(1).

(4) The local connection requirement is that—

(a)where it is indicated that section 7B(2)(a) of the 1983 Act applied to the applicant on the last day on which the applicant was resident in the United Kingdom—

(i)the applicant was a patient in a mental hospital, and

(ii)section 3A of the 1983 Act (disenfranchisement of offenders detained in mental hospitals)(28) and section 7A of the 1983 Act (residence: persons remanded in custody etc.)(29) did not apply to the applicant;

(b)where it is indicated that section 7B(2)(b) of the 1983 Act applied to the applicant on the last day on which the applicant was resident in the United Kingdom—

(i)the applicant was detained at any place pursuant to a relevant order or direction, and

(ii)the applicant was so detained otherwise than after being convicted of any offence or a finding in criminal proceedings that the applicant did the act or made the omission charged;

(c)where it is indicated that section 7B(2)(c) of the 1983 Act applied to the applicant on the last day on which the applicant was resident in the United Kingdom, the applicant was—

(i)a homeless person, and

(ii)not in legal custody.

(5) For the purposes of paragraph (4), it is to be assumed that—

(a)sections 3A and 7A of the 1983 Act were in force at any relevant time, and

(b)section 7B of the 1983 Act was in force on the last day on which the applicant was resident in the United Kingdom.

(6) In this regulation—

“homeless person” has the same meaning as in section 7B(2)(c) of the 1983 Act;

“previous registration” means the registration referred to in section 1A(2)(a) of the 1985 Act;

“a relevant order or direction” has the same meaning as in section 7A(6) of the 1983 Act.

Textual Amendments

Overseas electors: power to require attestation as to applicant’s connection to address claimed as qualifying addressN.I.

27ZF.—(1) This regulation applies where—

(a)the registration officer is permitted by regulation 27ZB(6) to proceed under this regulation,

(b)regulation 27ZD(1)(c) or 27ZE(1)(c) or (2)(b) applies, and

(c)the registration officer considers that additional evidence is necessary to be satisfied that the applicant has a previous connection to the address claimed as the qualifying address.

(2) The registration officer may require the applicant to provide an attestation which—

(a)confirms the basis on which the applicant met the qualifying address connection requirement,

(b)indicates the dates between which, to the best of the attestor’s knowledge, the applicant met the requirement, and

(c)meets the general attestation requirements in regulation 27ZH(1).

(3) The qualifying address connection requirement is—

(a)where the applicant claims that they had a service qualification, that the applicant would have been residing at the address claimed as the qualifying address but for the applicant’s service qualification;

(b)where the applicant claims that they were a merchant seaman, that the applicant—

(i)would have been residing at the address claimed as the qualifying address but for the applicant’s occupation as a merchant seaman, or

(ii)commonly stayed at the address claimed as the qualifying address, which was a hotel or club providing accommodation for merchant seamen, during the course of the applicant’s occupation as a merchant seaman;

(c)where the applicant claims that they were a patient in a mental hospital or detained, that the applicant would have been residing at the address claimed as the qualifying address if the applicant had not been a patient or detained;

(d)where the applicant claims that they were a homeless person, that the address claimed as the qualifying address was, or was nearest to, a place in the United Kingdom where the applicant commonly spent a substantial part of the applicant’s time (whether during the day or at night).

(4) An attestation provided in accordance with this regulation may be combined with an attestation provided in accordance with regulation 27ZD(2)(b) or regulation 27ZE(3)(b) where the attestor for each attestation is the same.

(5) In this regulation—

“merchant seaman” has the same meaning as in section 6 of the 1983 Act;

“service qualification” has the same meaning as in section 14(1) of the 1983 Act.

Textual Amendments

Overseas electors: power to require additional evidence as to change of nameN.I.

27ZG.—(1) This regulation applies where—

(a)a person has made an application to be registered in pursuance of an overseas elector’s declaration, and

(b)any of conditions A to D are met.

(2) Condition A is that the applicant has indicated in their declaration that their name has changed since they were last included in the register or since the last day on which they were resident in the United Kingdom.

(3) Condition B is that—

(a)the applicant has provided a document in accordance with regulation 27ZA(3) or (4), 27ZB(2), 27ZD(2)(a) or 27ZE(3)(a), and

(b)the applicant’s name in that document is different from both the applicant’s name in the applicant’s declaration and any name provided in accordance with regulation 20(2)(a)(ii)(aa) or (3)(a)(ii)(aa).

(4) Condition C is that—

(a)the applicant has provided the name of a parent or guardian in accordance with regulation 27ZA(2)(a), and

(b)the name provided is different from the name of the parent or guardian as it appears on—

(i)the register, or

(ii)a document provided in accordance with regulation 27ZA(3) or (4).

(5) Condition D is that—

(a)the applicant has provided a document in accordance with regulation 27ZD(5)(a) and a document in accordance with regulation 27ZD(5)(b), and

(b)the name of the applicant’s spouse or civil partner in each of those documents is different.

(6) The registration officer may require the applicant to provide—

(a)if Condition A is met, such evidence confirming the change of the applicant’s name as the registration officer considers appropriate, except that the registration officer must require more than an explanation as to the difference in name;

(b)if Condition B is met—

(i)an explanation as to the difference in name, or

(ii)such other evidence confirming the change of the applicant’s name as the registration officer considers appropriate, and

(c)if Condition C or D is met—

(i)an explanation as to the difference in name, or

(ii)where the applicant does not know the reason for the difference, a statement to that effect.

(7) Where the applicant provides a copy of a document in accordance with paragraph (6)(a) or (b)(ii), the registration officer may, if the registration officer considers it appropriate, require the applicant to provide the original document.

Textual Amendments

Attestations: general requirementsN.I.

27ZH.—(1) For the purposes of regulations 25A to 25C and 27ZC to 27ZF, the general attestation requirements are that the attestation must—

(a)be in writing,

(b)be made by a qualifying attestor,

(c)state the full name, date of birth, present address and occupation of the qualifying attestor,

(d)state the address in respect of which the qualifying attestor is registered as an elector,

(e)state—

(i)where the qualifying attestor is registered in pursuance of an overseas elector’s declaration, the number of the qualifying attestor’s British or Irish passport together with its date and place of issue;

(ii)otherwise—

(aa)where the qualifying attestor is registered in respect of an address in Northern Ireland and has been allocated a digital registration number in accordance with section 10B of the 1983 Act (register of electors in Northern Ireland: digital registration number)(30), that digital registration number;

(bb)in all other cases, the qualifying attestor’s electoral number,

(f)if the attestation is required in connection with an application to be registered in pursuance of an overseas elector's declaration, provide an explanation as to the qualifying attestor’s ability to provide the information required about the applicant, including (but not limited to) the qualifying attestor’s connection to the applicant and the length of time that the connection has existed,

(g)state the name under which the qualifying attestor is registered in a register of parliamentary or local electors if their name has changed since the entry on the register was made,

(h)state that the qualifying attestor is aware of the penalty for providing false information to a registration officer,

(i)include a statement which confirms that all of the information provided in the attestation is true, and

(j)be signed and dated by the qualifying attestor.

(2) In this regulation, “qualifying attestor” has the meaning given in regulation 27ZI(1).

Textual Amendments

Meaning of qualifying attestorN.I.

27ZI.—(1) A “qualifying attestor” is a person (“P”) who—

(a)is aged 18 years or over,

(b)is registered in a register of parliamentary or local government electors,

(c)is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the applicant,

(d)except where P is registered in pursuance of an overseas elector’s declaration, is a person whom the registration officer is satisfied is of good standing in the community, and

(e)meets the requirements of paragraph (2).

(2) P meets the requirements of this paragraph where—

(a)if the attestation required is an attestation in accordance with regulation 25A(3), P has not already signed attestations to which paragraph (3) applies for two applicants since the relevant date;

(b)if the attestation required is an attestation in accordance with regulation 25B(3), P has not already signed attestations in accordance with that regulation for two applicants since the relevant date;

(c)if the attestation required is an attestation in accordance with regulation 25C(5), 27ZC(2), 27ZD(2)(b), 27ZE(3)(b) or 27ZF(2), P has not already signed attestations to which paragraph (4) applies for two applicants since the relevant date.

(3) This paragraph applies to an attestation made in accordance with any of the following provisions—

(a)regulation 25A(3);

(b)regulations 26B(6) and (6ZA) and 56C(5A) and (6) of the Representation of the People (England and Wales) Regulations 2001(31);

(c)regulations 26B(6) and (6ZA) and 56C(5A) and (6) of the Representation of the People (Scotland) Regulations 2001(32);

(d)paragraph 16C(5) of Schedule 2 to the Police and Crime Commissioner Elections Order 2012(33);

(e)regulation 72B(5A) and (6) of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016(34);

(f)regulation 7(6) of the Voter Identification Regulations 2022(35).

(4) This paragraph applies to an attestation made in accordance with any of the following provisions—

(a)regulations 25C(5), 27ZC(2), 27ZD(2)(b), 27ZE(3)(b) and 27ZF(2);

(b)regulations 26E(2), 26F(2)(b), 26G(3)(b) and 26H(3) of the Representation of the People (England and Wales) Regulations 2001(36);

(c)regulations 26E(2), 26F(2)(b), 26G(3)(b) and 26H(3) of the Representation of the People (Scotland) Regulations 2001.

(5) In paragraph (2), the “relevant date” is whichever is the later of—

(a)the date on which the revised register in which the attestor’s name appears was last published under section 13(1) of the 1983 Act, and

(b)the date on which a notice specifying the attestor’s entry in the register was issued (or last issued) under section 13A(2), 13BA(3) or 13BC of that Act.]

Textual Amendments

[F78[F79Processing of information provided in connection with an application for registration]N.I.

27A.—[F80(A1) If a person provides an original document in accordance with regulation 25A(2), 25B(2), 25C(2), 27ZA(3) or (4), 27ZB(2), 27ZD(2)(a) or (5), 27ZE(3)(a) or 27ZG(7), the registration officer must make a copy of that document and return the original document to the person who provided it.]

(1) In respect of any application for registration, until the application has been determined, the registration officer—

(a)shall retain the application form or, in the case of an application submitted through the UK digital service, the information contained in the application; and

[F81(b)must retain any other information or documents provided to the registration officer in connection with the application or, in the case of original documents which are returned under paragraph (A1), a copy of such documents.]

(2) After the determination of the application, the registration officer may continue to retain any information or document mentioned in paragraph (1) until such time as the officer considers that it is not required for or in connection with the exercise of the officer’s functions.]

[F82(3) In respect of any relevant canvass form, until the end of the register alteration day, the registration officer—

(a)shall retain the canvass form or, in the case of a canvass form submitted through the UK digital service, the information contained in the form; and

(b)may retain any other documentation or information provided to the registration officer in connection with the submission of the form.

(4) After the register alteration day, the registration officer may continue to retain any information or document mentioned in paragraph (3) until such time as the officer considers that it is not required for or in connection with the exercise of the officer’s functions.

(5) In this regulation—

“relevant canvass form” means a canvass form completed in respect of any address in connection with a canvass under section 10 of the 1983 Act;

“register alteration day” means, in respect of a relevant canvass form, the day on which the Chief Electoral Officer for Northern Ireland has determined what alterations to the officer’s registers fall to be made as a result of the submission of that canvass form.]

Textual Amendments

Objections to registrationN.I.

28.—(1) Any objection to a person’s registration shall state—

(a)the name of the person against whom the objection is made;

(b)in the case of an objection made before that person is entered in the register, the address of that person as given in the application for registration;

(c)in the case of an objection made after that person is entered in the register, the electoral number and qualifying address of that person contained in the register;

(d)the grounds of the objection;

(e)the name of the objector and his address as shown in the register (if so shown) together with the address to which correspondence should be sent (if that address is different or if no address is shown in the register); and

(f)the electoral number of the objector.

(2) An objection shall be made in writing and be signed and dated by the person objecting.

(3) In this Part of these Regulations “objection” includes representations made against an application for registration under section 13A(1)(a) of the 1983 Act.

Inspection of applications and objectionsN.I.

29.—[F83(1)] [F84An entry on the list of applications for registration kept under regulation 30(2)(a) and any objection] to a person’s registration shall be made available for inspection at the registration officer’s office until the application [F85to which the entry relates] or objection has been determined by the registration officer.

F86(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Determination of applications and objectionsN.I.

Procedure for determining applications for registration and objections without a hearingN.I.

30.—(1) The registration officer shall discharge his functions of determining an application for registration under section 10A(1)(a) or 13A(1)(a) of the 1983 Act and an objection under section 10A(3) of that Act in accordance with this regulation and regulations 31 to 33.

(2) The registration officer must keep separate lists of—

(a)applications for registration;

(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.

(3) On receipt of an application the registration officer must enter the name [F87and (if included in the application) nationality] of the applicant and the address claimed as his qualifying address in the list he keeps in pursuance of paragraph (2)(a).

[F88(3A) Paragraph (3) does not apply to an application accompanied by an application for an anonymous entry.]

(4) 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 (3); and

(b)in the list he keeps in pursuance of paragraph (2)(a), the particulars of the objection.

(5) 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 (3) in the list he keeps in pursuance of paragraph (2)(c).

(6) The registration officer may [F89request in writing] 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.

(7) [F90Subject to paragraph (7A),] the registration officer may allow an application without a hearing provided that no objection is made within five days beginning with the day following the entry of the application in the list of applications.

[F91(7A) In the case of an application for registration accompanied by an application for an anonymous entry, the registration officer may allow the application for registration without a hearing at any time.]

(8) The registration officer may disallow an objection if he is of opinion that the objector is not entitled to object and he shall so inform the objector.

(9) The registration officer may disallow an objection without a hearing if he is of the opinion that the objection is clearly without merit.

(10) Where the registration officer disallows an objection under paragraph (9), he must send to the objector a notice [F92in writing] stating that the objection has been disallowed on that basis and the grounds for his opinion.

(11) An objector may require the objection to be heard by giving notice [F93in writing] to the registration officer within three days from the date of the notice given under paragraph (10).

(12) A notification under paragraph (11) is not to prevent the application to which the objection relates from being allowed.

(13) The registration officer may send to the applicant or objector a notice [F94in writing] 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.

(14) In cases to which paragraph (13) 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 [F95in writing] 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.

F96(15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Notice of hearingN.I.

31.—(1) The registration officer shall, unless he allows the application or disallows the objection under regulation 30, send a notice [F97in writing]—

(a)in the case of an application, to the person making the application; and

(b)in the case of an objection, to the objector and person against whom an objection is made.

(2) A notice issued under paragraph (1) shall state—

(a)the time and place at which he proposes to hear the application or objection;

(b)the name and address of the objector and the grounds of the objection (in the case of the notice sent to the person against whom an objection is made).

(3) The time fixed for the hearing of an application or objection shall not be earlier than the third day or later than the seventh day after the date of the notice referred to in paragraph (1).

Textual Amendments

Hearing of applications and objectionsN.I.

32.—(1) The persons entitled to appear and be heard are as follows—

(a)on an application, the applicant;

(b)on an objection, the objector and the person against whom an objection is made;

(c)on an application or an objection, any other person who appears to the registration officer to be interested.

(2) The right to appear and be heard includes the right to make written representations.

(3) Any person entitled to appear and be heard may do so either in person or by any other person on his behalf.

(4) The registration officer may, at the request of any person entitled to appear and be heard or, if he thinks fit, without such a request, require that the evidence tendered by any person shall be given on oath and may administer the oath for that purpose.

Objections relating to applications which have been allowed, but before alterations to the register have taken effectN.I.

33.—(1) This regulation applies where—

(a)an application for registration has been allowed (whether without or following a hearing), and

(b)either—

(i)an objection is later made to that application; or

(ii)an objector whose objection in respect of that application has been disallowed in pursuance of regulation 30(9) notifies the registration officer, in accordance with regulation 30(11), that he requires the objection to be heard; and

(c)no alteration to the register has yet taken effect in respect of that application by virtue of section 13(5) or 13A(2) of the 1983 Act (22).

(2) Where the registration officer—

(a)is able to determine the objection before the alteration to the register is due to take effect, and

(b)allows the objection,

the application is to be treated as if it had been disallowed.

(3) Where the registration officer is not able to determine the objection before the alteration to the register is due to take effect, the objection is to be treated as if it was made after the person against whom it is made is entered in the register.

(4) Where paragraph (3) applies, the registration officer must transfer the entry relating to the objection from the list he keeps in pursuance of paragraph (2)(b) of regulation 30 to the list he keeps in pursuance of paragraph (2)(c) of that regulation.

Other determinations by registration officer of entitlement to registrationN.I.

34.—(1) The registration officer must discharge the functions specified in paragraph (2) in accordance with regulations 35 to 38.

(2) The functions specified in this paragraph are—

(a)determining, under the following provisions, whether a person was entitled to be registered—

(i)sections 7(3)(aa), 7A(3)(aa), 7C(2)(aa), and 15(2)(aa) of the 1983 Act,(23) and

(ii)section 2(2)(aa) of the 1985 Act(24);

(b)determining under section 10A(5)(b) of the 1983 Act(25) whether a person—

(i)was entitled to be registered;

(ii)has ceased to be resident at the address in respect of which he is entered in the register or otherwise ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act(26).

Summary procedure for determining in specified circumstances whether a person has ceased to satisfy conditions for registrationN.I.

35.—(1) In any of the circumstances specified in paragraph (2) the registration officer may make the determination specified in regulation 34(2)(b)(ii) without following the procedure set out in regulations 36 to 38.

(2) The circumstances specified in this paragraph are where the registration officer—

(a)has received an application under regulation 27 which includes a statement to which paragraph (1)(c) of that regulation refers;

(b)has received a notification under regulation 46;

(c)has been given information by the elector that he has ceased to reside at the address in question or has otherwise ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act;

[F98(d)has been notified by a relative or executor of the elector or by a registrar of births and deaths or by the Senior Coroner for Northern Ireland that the elector has died;]

(e)has been provided with information pursuant to regulation 41 that an elector has ceased to reside at the address in question;

(f)has been provided with information pursuant to regulation 41 that the national insurance number provided by the elector in his application for registration is incorrect.

(3) In paragraph (2)—

“elector” means a person who is duly entered in a register in respect of an address; and

[F99“registrar of births and deaths” means the Registrar General of Births and Deaths in Northern Ireland, any registrar of births and deaths in England, Wales or Scotland, or the Registrar General (an tArd-Chláraitheoir) in the Republic of Ireland;]

“relative” means a spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.

Textual Amendments

Procedure for reviewing entitlement to registrationN.I.

36.—(1) A registration officer may, for the purposes of making a determination of the nature specified in regulation 34(2), conduct a review in respect of a person entered in the register.

(2) Where the registration officer is not satisfied that the subject of the review is entitled to be registered, he must—

(a)send to that person such notice, of a kind specified in paragraph (3), as he considers appropriate; and

(b)enter the review in the list kept in pursuance of regulation 37.

[F100(2A) Paragraph (2)(b) does not apply where the subject of the review has an anonymous entry.]

(3) A notice is specified for the purposes of paragraph (2)(a) if it—

(a)states that the registration officer is of the opinion that the subject of the review is not entitled to be registered and the grounds for his opinion;

(b)states the reason for the review and requires the subject of the review to provide such further information as might be specified in the notice; or

(c)states the reason for the review and that the registration officer intends to conduct a hearing of it.

(4) Where—

(a)the registration officer sends to the subject of the review a notice in the form specified in paragraph (3)(a); and

(b)that person does not, within 14 days beginning with the date of that notice, notify the registration officer that he requires the review to be heard,

the registration officer may determine without a hearing that the subject of the review was not entitled to be registered or, as the case may be, has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act.

(5) Paragraph (6) applies where—

(a)the registration officer sends to the subject of the review a notice in the form specified in paragraph (3)(b); and

(b)that person does not respond to the registration officer’s satisfaction, or at all, within 28 days beginning with the date of that notice.

(6) The registration officer may send a notice to the subject of the review which states that he is not satisfied that that person is entitled to be registered, and the grounds for his opinion.

(7) Where—

(a)the registration officer sends to the subject of the review a notice in pursuance of paragraph (6); and

(b)the subject of the review does not, within 14 days beginning with the date of that notice, notify the registration officer that he requires the review to be heard;

the registration officer may determine without a hearing that the subject of the review was not entitled to be registered or, as the case may be, has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act.

(8) In making a determination under paragraph (4) or (7), the registration officer must take into account any written representations made to him by the subject of the review and may take into account the written representations of any other person who appears to him to be interested.

(9) In this regulation and regulations 37 and 38—

“review” must be construed in accordance with paragraph (1); and

“the subject of the review” means the person in respect of whom the review is conducted.

Textual Amendments

List of reviewsN.I.

37.—(1) The registration officer must keep a list of reviews.

(2) The list must contain, in relation to each review, the following particulars—

(a)the full name of the subject of the review;

(b)his electoral number;

(c)his qualifying address; and

(d)the reason for the review.

(3) The list must be made available for inspection at the registration officer’s office.

[F101(4) This regulation does not apply to any review where the subject of the review has an anonymous entry.]

Textual Amendments

Hearings of reviewsN.I.

38.—(1) Where the registration officer determines that a hearing of the review should be conducted, the notice given under regulation 36(3)(c) must also state the time and place at which he proposes to hear the review.

(2) Where the subject of the review requires the review to be heard, the registration officer must send to that person a notice [F102in writing] stating the time and place at which he proposes to hear the review.

(3) The time fixed for the hearing must not be earlier than the third day after the date of the notice in which that time is stated.

(4) The persons entitled to appear and be heard are—

(a)the subject of the review;

(b)any other person who appears to the registration officer to be interested.

(5) Paragraphs (2) to (4) of regulation 32 apply to the hearing of a review as they apply to the hearing of an application for registration or objection.

(6) The registration officer may determine that the subject of the review was not entitled to be registered or, as the case may be, has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act, despite the failure of that person (or any other person entitled to appear and be heard) to attend.

(7) In making a determination under paragraph (6), the registration officer must take into account any written representations made to him by the subject of the review and may take into account the written representations of any other person who appears to him to be interested.

Textual Amendments

Modifications etc. (not altering text)

[F103Anonymous registration: applications and declarationsN.I.

38A.—(1) An application for an anonymous entry must state—

(a)the applicant’s full name,

[F104(b)the address in respect of which the applicant is seeking to be registered, or is registered, in the register,

(ba)if different to the address referred to in sub-paragraph (b), the applicant’s present address,]

(c)the reason for the application, and

(d)the date of the application.

(2) The application must be in writing and signed by the applicant.

(3) The application must be accompanied by—

(a)evidence of the nature prescribed in regulation 38C or 38D, and

(b)an application for an absent vote.

(4) Where the evidence mentioned in paragraph (3)(a) relates not to the applicant, but to another person of the same household as the applicant, the application must be accompanied by evidence that that person is of that household.

(5) The application must be accompanied by a declaration made by the applicant that—

(a)the particulars given in accordance with paragraph (1) are true,

(b)so far as the applicant is aware, the evidence provided in pursuance of paragraph (3)(a) is genuine, and

(c)where paragraph (4) applies—

(i)the person to whom the evidence relates is a person of the same household of the applicant, and

(ii)so far as the applicant is aware, the evidence provided in pursuance of paragraph (4) is genuine.

(6) The application may give an address to which the registration officer must send correspondence, other than the address given in accordance with paragraph (1)(b).

(7) In this regulation, “an application for an absent vote” means—

(a)in relation to parliamentary elections, an application under section 6 of the 1985 Act;

(b)in relation to local elections, an application under paragraph 1 of Part 1 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985.

Textual Amendments

Modifications etc. (not altering text)

C11Reg. 38A applied (with modifications) (15.9.2014) by S.I. 2001/1184, reg. 9, Sch. Pt. 2 (as inserted by S.I. 2014/1803, regs. 1(1), 8(3)(a))

Anonymous registration: determination of applications by the registration officerN.I.

38B.—(1) Paragraph (2) applies where—

(a)in the case of an application under section 9B(1)(a) of the 1983 Act, the registration officer determines that the applicant for an anonymous entry is entitled to be registered, and

(b)in the case of an application under section 9B(1)(a) or (b) of that Act, the application for an anonymous entry is made in accordance with regulation 38A.

(2) The registration officer must determine that the safety test is satisfied (and accordingly allow the application for an anonymous entry) where that officer is satisfied—

(a)that the evidence provided in support of the application in pursuance of regulation 38A(3)(a) constitutes evidence of the nature prescribed in regulation 38C or 38D, and

(b)in the case of an application where paragraph (4) of regulation 38A applies, that the evidence provided in pursuance of that paragraph establishes that the person in question is a person of the same household as the applicant.

(3) The registration officer must determine the date on which the applicant’s entitlement to remain registered with an anonymous entry terminates (the “date of termination”) in accordance with paragraphs (4) and (5).

(4) Where the evidence provided under regulation 38A(3)(a) is evidence of the nature prescribed in regulation 38C, the date of termination is whichever is the earlier of the following—

(a)the date on which the relevant order or injunction will expire or will cease to be a relevant order or injunction within the meaning of regulation 38C(3)(a) (where such a date is specified in the relevant order or injunction), or

(b)the end of the period of five years, beginning with—

(i)in the case of an application under section 9B(1)(a) of the 1983 Act, the date when the person’s entry in the register first takes effect; or

(ii)in the case of an application under section 9B(1)(b) of that Act, the date when the Chief Electoral Officer determines under section 9B(2) of that Act that the safety test is satisfied.

(5) Where the evidence provided under regulation 38A(3)(a) is evidence of the nature prescribed in regulation 38D, the date of termination is the date on which the attestation will cease to have effect under regulation 38D(3).

Textual Amendments

Modifications etc. (not altering text)

C12Reg. 38B applied (15.9.2014) by S.I. 2001/1184, reg. 9, Sch. Pt. 2 (as inserted by S.I. 2014/1803, regs. 1(1), 8(3)(a))

Anonymous registration: evidence consisting of relevant court orders or injunctionsN.I.

38C.—(1) Evidence which meets the following conditions is prescribed for the purpose of regulation 38A(3)(a).

(2) The first condition is that the evidence is, or is a copy of, a relevant order or injunction.

(3) A relevant order or injunction is—

(a)an injunction for the purpose of restraining a person from pursuing any conduct which amounts to harassment granted in proceedings under section 3 of the Protection from Harassment Act 1997;

(b)an injunction granted under section 3A(2) of the Protection from Harassment Act 1997;

(c)a restraining order made under section 5(1) of the Protection from Harassment Act 1997 [F105or section 360 of the Sentencing Code];

(d)a restraining order on acquittal made under section 5A(1) of the Protection from Harassment Act 1997;

(e)a non-harassment order, interdict or interim interdict made under section 8 or 8A of the Protection from Harassment Act 1997;

(f)a non-harassment order made under section 234A(2) of the Criminal Procedure (Scotland) Act 1995;

(g)a non-molestation order made under section 42(2) of the Family Law Act 1996;

(h)an injunction for the purpose of restraining a person from pursuing any conduct which amounts to harassment granted in proceedings under article 5 of the Protection from Harassment (Northern Ireland) Order 1997;

(i)a restraining order made under article 7 of the Protection from Harassment (Northern Ireland) Order 1997;

(j)a restraining order on acquittal made under article 7A(1) of the Protection from Harassment (Northern Ireland) Order 1997;

(k)a non-molestation order made under article 20(2) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998.

(l)a matrimonial interdict within the meaning of section 14 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981;

(m)a domestic interdict within the meaning of section 18A of the Matrimonial Homes (Family Protection) (Scotland) Act 1981;

(n)a relevant interdict within the meaning of section 113 of the Civil Partnership Act 2004;

(o)an interdict that has been determined to be a domestic abuse interdict within the meaning of section 3 of the Domestic Abuse (Scotland) Act 2011;

(p)any interdict with an attached power of arrest made under section 1 of the Protection from Abuse (Scotland) Act 2001; F106...

(q)a forced marriage protection order or interim forced marriage protection order made under any of the following provisions—

(i)Part 4A of the Family Law Act 1996;

(ii)section 2 of, and paragraph 1 of Schedule 1 to, the Forced Marriage (Civil Protection) Act 2007;

(iii)section 1 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011;

(iv)section 5 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011;

[F107(r)a domestic violence protection order made under section 28 of the Crime and Security Act 2010 or section 97 of, and paragraph 5 of Schedule 7 to, the Justice Act (Northern Ireland) 2015; or

(s)a female genital mutilation protection order made under section 5A of, and paragraphs 1 or 18 of Schedule 2 to, the Female Genital Mutilation Act 2003.]

(4) The second condition is that the relevant order or injunction is made for the protection, or otherwise for the benefit, of—

(a)the applicant for an anonymous entry, or

(b)another person of the same household as the applicant.

(5) The third condition is that the relevant order or injunction is in force on the day on which the application for an anonymous entry is made.

Textual Amendments

Modifications etc. (not altering text)

C13Reg. 38C applied (15.9.2014) by S.I. 2001/1184, reg. 9, Sch. Pt. 2 (as inserted by S.I. 2014/1803, regs. 1(1), 8(3)(a))

Anonymous registration: evidence by attestationN.I.

38D.—(1) An attestation within the meaning of this regulation is prescribed for the purposes of regulation 38A(3)(a).

(2) The attestation must—

(a)certify that the safety of the applicant, or of another named person of the same household as the applicant, would be at risk if the register contained the name of the applicant or the applicant’s qualifying address,

(b)state the date on which it is made, and

(c)be in writing and signed by a qualifying officer.

(3) The attestation must state the period for which it has effect, being a period of between one and five years beginning with the date on which the attestation is made.

(4) Qualifying officer means—

(a)a police officer of or above the rank of [F108inspector] of the Police Service of Northern Ireland;

(b)a police officer of or above the rank of [F109inspector] of any police force in England and Wales;

(c)a police officer of or above the rank of [F110inspector] of the Police Service of Scotland;

(d)the Director General of the Security Service;

(e)the Director General of the National Crime Agency;

(f)any director of adult social services in England within the meaning of section 6(A1) of the Local Authority Social Services Act 1970;

(g)any director of social services in Wales within the meaning of section 6(1) of the Local Authority Social Services Act 1970;

(h)any director of children’s services in England within the meaning of section 18 of the Children Act 2004;

(i)any chief social work officer in Scotland within the meaning of section 3 of the Social Work (Scotland) Act 1968;

(j)the director of social care and children of the Regional Health and Social Care Board established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009;

(k)any executive director of social work of a Health and Social Services Trust established under article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991;

[F111(l)any registered medical practitioner;

(m)any registered nurse or midwife;

(n)any person who manages a refuge.]

[F112(5) In this regulation, “refuge” means accommodation together with a planned programme of therapeutic and practical support for victims of, or those at risk of, domestic abuse or violence.]

Textual Amendments

Modifications etc. (not altering text)

C14Reg. 38D applied (15.9.2014) by S.I. 2001/1184, reg. 9, Sch. Pt. 2 (as inserted by S.I. 2014/1803, regs. 1(1), 8(3)(a))

Anonymous registration: review of entitlement to an anonymous entryN.I.

38E.—(1) The registration officer must discharge the function under section 9C(1B)(b) of the 1983 Act(22) in accordance with this regulation.

(2) The registration officer may conduct a review in respect of a person entered in the register with an anonymous entry (“P”).

(3) P may require a hearing of the review.

(4) Where the registration officer is of the opinion that the safety test is no longer satisfied in respect of P, that officer must, as that officer considers appropriate, send to P a notice which—

(a)states that the registration officer is of the opinion that the safety test is no longer satisfied in respect of P, the grounds for that officer’s opinion and that P may require a hearing of the review by notifying the registration officer within 14 days beginning with the date of the notice;

(b)states the reason for the review and requires P to provide such further information as might be specified in the notice; or

(c)states the reason for the review and that the registration officer intends to conduct a hearing of it.

(5) Where—

(a)the registration officer sends to P a notice in the form specified in paragraph (4)(a); and

(b)P does not, within 14 days beginning with the date of that notice, notify the registration officer [F113in writing] that P requires the review to be heard,

the registration officer may determine without a hearing that the safety test is no longer satisfied in respect of P.

(6) Where—

(a)the registration officer sends to P a notice in the form specified in paragraph (4)(b); and

(b)P does not respond to the registration officer’s satisfaction, or at all, within 28 days beginning with the date of that notice,

the registration officer may send a further notice to P which states that he is of the opinion that the safety test is no longer satisfied in respect of P, the grounds for his opinion and that P may require a hearing of the review by notifying the registration officer within 14 days beginning with the date of the notice.

(7) Where—

(a)the registration officer sends to P a further notice in pursuance of paragraph (6); and

(b)P does not, within 14 days beginning with the date of that notice, notify the registration officer [F114in writing] that P requires the review to be heard,

the registration officer may determine without a hearing that the safety test is no longer satisfied in respect of P.

(8) Where the registration officer determines that a hearing of the review should be conducted, the notice given under paragraph (4)(c) must also state the time and place at which that officer proposes to hear the review.

(9) Paragraphs (2) to (5) of regulation 38 apply to the hearing of a review under this regulation as they apply to the hearing of a review under regulations 36 to 38 (reading references to the “subject of the review” as references to “P”).

(10) The registration officer may determine that the safety test is no longer satisfied in respect of P, despite the failure of P (or any other person entitled to appear and be heard) to attend.

(11) In making a determination under paragraph (5), (7) or (10), the registration officer must take into account any written representations made to that officer by P and may take into account the written representations of any other person who appears to that officer to be interested.]

Textual Amendments

Modifications etc. (not altering text)

C15Reg. 38E applied (15.9.2014) by S.I. 2001/1184, reg. 9, Sch. Pt. 2 (as inserted by S.I. 2014/1803, regs. 1(1), 8(3)(a))

Registration appealsN.I.

39.—(1) This regulation makes provision in connection with the right to appeal from—

(a)the decision of the registration officer regarding an application for registration under section 58(1)(a) of the 1983 Act(27);

(b)the decision of the registration officer made under section 58(1)(b) of the 1983 Act in accordance with regulations 35 to 38 that a person was not entitled to be registered, or as the case may be, has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act.

[F115(c)a determination of the registration officer under section 9B(2) of the 1983 Act made in accordance with regulation 38B; or

(d)a determination of the registration officer under section 9C(1B) of the 1983 Act made in accordance with regulation 38E.]

(2) A person desiring to appeal must—

(a)give notice of appeal to the registration officer and to the objector (if any) when the decision is given, or within 14 days thereafter; and

(b)specify the grounds of appeal.

(3) The registration officer shall forward any such notice to the appropriate county court in accordance with the rules of court together with—

(a)a statement of the material facts which in his opinion have been established in the case; and

(b)his decision upon the whole case and on any point which may be specified as a ground of appeal.

(4) Where it appears to the registration officer that any notices of appeal given to him are based on similar grounds, he shall inform the appropriate county court of this to enable the court (if it thinks fit) to consolidate the appeals or select a case as a test case.

Textual Amendments

Representations regarding clerical errorsN.I.

40.—(1) For the purposes of section 13BA(8)(28) of the 1983 Act a representation may be made orally or in writing.

(2) Where a representation is made at a polling station to a presiding officer, the presiding officer must as soon as practicable communicate that representation to the registration officer.

Modifications etc. (not altering text)

Requests for informationN.I.

41.—(1) The registration officer may, from time to time, request such specified information as he may require for [F116any of the purposes mentioned in paragraph 1A(1)] of Schedule 2 to the 1983 Act(29)from—

(a)any specified authority; or

(b)any person providing services to, or authorised to exercise any function of, any such authority.

(2) A request for information shall—

(a)be in writing;

(b)specify the format in which the information shall be provided; and

(c)specify the date by which information shall be provided.

(3) A request for information may—

(a)request the regular disclosure of specified information at intervals not more frequent than monthly; and

(b)relate to a specified individual or a class of individuals of a particular description.

(4) A recipient of a request for information shall—

(a)provide the information requested by the specified date; F117...

(b)inform the registration officer that the information requested is not held by that authority or person; F118...

(c)request further time for the location of that information [F119; or

(d)if paragraph (4A) applies, inform the registration officer that they have used all reasonable endeavours to locate the information but have been unable to do so.]

[F120(4A) This paragraph applies where the information requested—

(a)came into the recipient’s control before 6th June 2007, and

(b)relates to a person who is seeking to be registered, or is registered, in pursuance of an overseas elector’s declaration.]

(5) Nothing in these Regulations requires the disclosure of information which came into the possession of an authority or person before any previous disclosure made in response to a request made in accordance with this regulation.

(6) Where a request for the same information is made more than once, the recipient of the request may provide the information requested if, in his opinion, the information is reasonably required by the registration officer to replace any information previously disclosed which has been lost, destroyed or impaired during processing by the registration officer.

(7) Nothing in these Regulations shall be taken to require a specified authority or person mentioned in paragraph (1) to disclose information which came into their control before 6th June 2007(30).

[F121(8) But paragraph (7) does not apply where the request for information is in relation to a person who is seeking to be registered, or is registered, in pursuance of an overseas elector’s declaration.]

Textual Amendments

Provision of information to the registration officerN.I.

42.—(1) The authorities set out in paragraph (2) are specified authorities for the purposes of regulation 41.

(2) The specified authorities are—

(a)district councils;

(b)the Registrar General of Births and Deaths in Northern Ireland;

[F122(c) the Regional Business Services Organisation];

(d)the Department for Work and Pensions;

[F123(da)the Northern Ireland Office;]

(e)secondary schools within the meaning of article 2 of the Education and Libraries (Northern Ireland) Order 1986(31); F124...

[F125(ea)institutions of further education within the meaning of article 2 of the Further Education (Northern Ireland) Order 1997; and]

(f)the Northern Ireland Housing Executive.

(3) For the purposes of regulation 41 the specified information is such of the information set out in paragraphs (4) to (6) as is, in the opinion of the registration officer, required to maintain the accuracy of the register and to ensure that it is comprehensive.

(4) The specified information in respect of persons is such of the following information which relates to a person aged 16 or over—

(a)his name and [F126any previous] name;

(b)his address and last former address;

(c)his date of birth;

(d)his date of death; and

(e)his national insurance number.

(5) The specified information in respect of residential buildings is—

(a)the postal address;

(b)information relating to any change in the usage of the building from residential to non-residential; and

(c)information relating to the current occupants and the last former occupants of the building.

(6) The specified information in respect of non-residential buildings is information relating to any change in the usage of the building from non-residential to residential.

(7) For the purpose of this regulation “residential buildings” includes residential buildings which are under construction and to which a postal address has been assigned.

Textual Amendments

Modifications etc. (not altering text)

[F127Verification of information provided in an applicationN.I.

42A.—(1) In the case of [F128a relevant application] submitted through the UK digital service, the Minister of the Crown responsible for providing the UK digital service may disclose the name and any previous name, date of birth and national insurance number of the applicant given in the application to the Secretary of State.

(2) On receipt of [F128a relevant application] other than one submitted through the UK digital service, the registration officer may disclose the name and any previous name, date of birth and national insurance number of the applicant given in the application to the Secretary of State through the UK digital service.

(3) Where information has been disclosed to the Secretary of State under paragraph (1) or (2), the Secretary of State shall compare the information against—

(a)the name and any previous name, date of birth and national insurance number of individuals appearing in the following types of databases kept by the Department for Work and Pensions—

(i)databases kept for the purposes of functions relating to social security (including such information kept on behalf of the Department for Communities); and

(ii)databases relating to working tax credit, child tax credit and child benefit (being information kept on behalf of Her Majesty’s Revenue and Customs); and

(b)any other information contained in the databases mentioned in sub-paragraph (a) which relates to the information disclosed under paragraph (1) or (2).

(4) The Secretary of State shall disclose the results of the comparison to the registration officer through the UK digital service, and regulation 41(5) and (7) shall be disregarded for these purposes.

[F129(5) The registration officer may take such results into account in determining—

(a)where the relevant application is a canvass form, what alterations to the officer’s registers fall to be made as a result of the submission of that form, and

(b)where the relevant application is an application for registration, that application.]

(6) Any person who processes the information disclosed under paragraph (1) or (2) shall do so in accordance with any requirements as to the processing of information that may have been imposed in writing by the Minister of the Crown responsible for providing the UK digital service, including requirements as to the transfer, storage, destruction and security of that information.

[F130(7) In this regulation—

“relevant application” means—

(a)

an application for registration; or

(b)

canvass form completed in respect of any address in connection with a canvass under section 10 of the 1983 Act;

“the Secretary of State” means the Secretary of State for Work and Pensions.]]

Textual Amendments

Disclosure of informationN.I.

43.—(1) A person commits an offence if he discloses information obtained under these Regulations to a third party except—

(a)for [F131any of the purposes mentioned in paragraph 1A(1)] of Schedule 2 to the 1983 Act; or

(b)for the purposes of any criminal or civil proceedings.

(2) A person guilty of an offence under this regulation shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3) In this regulation “third party” means a person other than a person to whom the Chief Electoral Officer for Northern Ireland may delegate his functions.

Textual Amendments

Notices in connection with registrationN.I.

44.—(1) A notice under section 13(3) of the 1983 Act(32) must be published—

(a)not less than 14 days before the publication of the revised version of the register to which it relates;

(b)in a newspaper circulating in the area in which the registration officer acts, and

(c)by posting a copy of it at his office and in some conspicuous place or places in that area.

(2) A notice under section 13A(2) [F132, ] 13BA(3), (6) or (9) [F133or 13BC(3) or (6)] of that Act must be issued by—

(a)making a printed copy of it available for inspection under supervision—

(i)at his office, and

(ii)at such places, if any, in the registration area as allow members of the public in that area reasonable facilities for that purpose;

(b)supplying copies of it in accordance with Part 6 of these Regulations;

(c)except in a case falling within regulation 35(2)(d), sending a copy of it to any person affected by its contents.

(3) For the purposes of section 13BA(7) and (8) of the 1983 Act, the prescribed time on the day of the poll is 7pm.

[F134(4) For the purposes of section 13BC(5)(a) of the 1983 Act, the prescribed time is three hours before the end of the signing period (within the meaning of section 9(2) of the Recall of MPs Act 2015).]

Textual Amendments

Modifications etc. (not altering text)

Communication of notices made on polling dayN.I.

45.—(1) Where a notice is issued under section 13BA(3), (6) or (9) of the 1983 Act on the day of the poll, the registration officer must take reasonable steps to ensure that the notice comes to the attention of the presiding officer.

(2) Such steps may include communicating the notice to the presiding officer by telephone.

(3) Where a notice issued under 13BA(3), (6) or (9) of the 1983 Act is communicated to a presiding officer by whatever means, the presiding officer must make a written record of that notice and forward it [F135in writing] to the returning officer after the day of the poll.

Textual Amendments

Modifications etc. (not altering text)

Notice by registration officer of a change of addressN.I.

46.—(1) This regulation applies where the registration officer receives an application for registration which includes a statement given in accordance with regulation 27(1)(c).

(2) Where the address given in the statement received by the Northern Ireland registration officer is in an area for which another registration officer (“the former registration officer”) acts, the Northern Ireland registration officer shall as soon as practicable notify the former registration officer that the applicant [F136has notified the Northern Ireland registration officer that the applicant] no longer resides in his area.

[F137(3) The Northern Ireland registration officer may make a notification under paragraph (2) through the UK digital service.]

Textual Amendments

Prescribed form for canvassN.I.

F13846A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F139Retention of entries on the register following a canvassN.I.

46B.—(1) Where—

(a)a person (P) is entered in the register in respect of any address, and

(b)conditions A, B and C are met,

section 10A(6) of the 1983 Act does not apply for the duration of the relevant period and the registration officer is authorised to retain P’s entry in the register.

(2) Condition A is that on the conclusion of a canvass under section 10(1A) of the 1983 Act, either—

(a)the registration officer is unable to satisfy himself that P was, on the 15th October in question, resident at that address because—

(i)the form mentioned in section 10(4) of the 1983 Act relating to P was not returned in respect of that address, or

(ii)for any other reason, insufficient information was obtained as to whether P was resident at that address on that date; or

(b)the form mentioned in section 10(4) of the 1983 Act relating to P was returned in respect of that address, but it does not include all of the information relating to P required by virtue of section 10(4A) of the 1983 Act.

(3) Condition B is that in the 12 month period before the conclusion of the canvass—

(a)P made an application under section 10A(1) or 13A(1) of the 1983 Act and the registration officer determined that P was entitled to be registered in the register;

(b)information received by the registration officer pursuant to regulation 41 indicates that P is resident at that address and that the required information in relation to P is accurate;

(c)inquiries made by the registration officer pursuant to sections 10(5) or 10A(5B) of the 1983 Act indicate that P is resident at that address and that the required information in relation to P is accurate;

(d)P has confirmed orally or in writing that P is resident at that address and that the required information in relation to P is accurate; or

(e)any other information received by the registration officer indicates that P is resident at that address and that the required information in relation to P is accurate.

(4) Condition C is that the registration officer is satisfied that it is likely that P is resident at that address and that the required information in relation to P is accurate.

(5) Nothing in this regulation prevents the registration officer from removing P’s entry from the register before the expiry of the relevant period if section 10A(5)(b) or 10A(5A)(b) of the 1983 Act applies.

(6) In this regulation—

[F140“relevant period”—

(a)

in relation to the canvass mentioned in paragraph (2) that was conducted in the year 2021, means the period beginning with the conclusion of the canvass and expiring with the publication of a revised version of the register under section 13(1) of the 1983 Act in the third calendar year following that in which the canvass was conducted;

(b)

in relation to any subsequent canvass mentioned in paragraph (2), means the period beginning with the conclusion of the canvass and expiring with the publication of a revised version of the register under section 13(1) of the 1983 Act in the second calendar year following that in which the canvass was conducted;] and

“required information” has the meaning given in section 10ZB of the 1983 Act.]

Textual Amendments

The registerN.I.

Separate part of register for each parliamentary polling districtN.I.

47.  The register shall be framed in separate parts for each parliamentary polling district.

Different letter for each parliamentary polling districtN.I.

48.  There shall be a different alphabetical letter or letters in the register for each parliamentary polling district and such letter or letters shall be deemed to form part of an elector’s number in the register.

Qualifying addresses which are not included in the registerN.I.

49.—(1) Section 9(2)(b) of the 1983 Act(33) (which requires each register of parliamentary or local electors to contain the qualifying addresses of the persons registered in it) does not apply—

(a)to an address to which paragraph (2) or (4) applies; or

(b)which is specified in an overseas elector’s declaration in accordance with [F141section 1C(2)(a)(i), (3)(a)(i) or (4)] of the 1985 Act(34).

(2) This paragraph applies to an address given by—

(a)a service voter in his service declaration; or

(b)a person who has made a declaration of local connection,

to which the condition in paragraph (3) applies.

(3) The condition is that it appears to the registration officer that an address specified in paragraph (2) is an address—

(a)at which the person making a declaration has resided; but

(b)which is not an address at which he is or would be residing but for the circumstances entitling him to make such a declaration.

(4) This paragraph applies to an address given in a declaration of local connection in accordance with section 7B(4)(b) of the 1983 Act(35).

Textual Amendments

Order of namesN.I.

50.—(1) Subject to paragraphs (2) and (3), the names and addresses of each separate part of the register shall be arranged in street order.

(2) If the registration officer determines for any part of the register that street order is not reasonably practicable, the names and addresses shall be arranged in alphabetical order or partly in street order and partly in alphabetical order.

(3) The name of any person whose qualifying address is not contained in a register by virtue of regulation 49 shall be grouped together in alphabetical order—

(a)at the end of that part of the register to which the address relates;

(b)beneath the heading “Other electors”; and

(c)without giving that address.

[F142Anonymous entriesN.I.

50A.—(1) An anonymous entry of a person consists of that person’s electoral number together with the letter “N”.

(2) The entry is to be entered in the register—

(a)at the end of the part of the register which relates to the qualifying address of the person entitled to the entry,

(b)under the heading of “Other electors” as mentioned in regulation 50(3)(b), and

(c)following the names grouped together under that heading in pursuance of that regulation.]

Textual Amendments

Marking of namesN.I.

51.—(1) [F143Paragraphs [F144(3A),] (5) and (6)] specify the marks to appear against a person’s [F145entry] in the register to indicate that he is registered in one or more [F146of the two registers (those of: parliamentary electors and local electors)] which are required to be combined.

(2) Where no mark appears against a person’s [F145entry] in the register of electors, this indicates that he is registered in the registers of parliamentary and local electors.

F147(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F148(3A) To indicate that a qualifying EU citizen or an EU citizen with retained rights is registered only in the register of local electors, the letter “B” shall be placed against the person’s entry.]

F149(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) To indicate that any other person is registered only in the register of local electors, the letter “L” shall be placed against this [F145entry].

(6) To indicate that an overseas elector is registered only in the register of parliamentary electors, the letter “F” shall be placed against his [F145entry].

F150(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Publication of registerN.I.

52.—(1) The manner in which each revised version of the full register is to be published under section 13(1) or (3) of the 1983 Act(36) is by the registration officer—

(a)making a printed copy of it available for inspection under supervision—

(i)at his office; and

(ii)at such places, if any, in each registration area as allow members of the public in that area reasonable facilities for that purpose; and

(b)supplying copies of it in accordance with Part 6 of these Regulations.

(2) The revised version of the register shall be kept published until the coming into force of the next revised version of it.

Preparation and publication of list of overseas electorsN.I.

53.—(1) The registration officer shall prepare [F151and maintain] a list of the names of each person [F152(P)] who appears to him to be entitled to be registered in pursuance of an overseas elector’s declaration (“the list of overseas electors”) F153....

[F154(1ZA) The registration officer must include in the list of overseas electors—

(a)the address specified by P in the overseas elector’s declaration in accordance with section 1C(2)(a)(i), (3)(a)(i) or (4) of the 1985 Act, and

(b)P’s present address.]

[F155(1A) But in the case of a person who has an anonymous entry, the list of overseas electors must contain only—

(a)the person’s electoral number, and

(b)the date on which the person’s entitlement to remain registered anonymously will terminate under section 9C(1A) of the 1983 Act (in the absence of a further application under section 9B of that Act).]

(2) In respect of each constituency there shall be a separate part of the list of overseas electors; and the names of the persons included in each part [F156who do not have an anonymous entry] shall be listed in alphabetical order [F157, followed by the electoral numbers of persons with an anonymous entry].

(3) At the time when the registration officer publishes a revised version of the register under section 13(1) of the 1983 Act, he shall publish the list of overseas electors by making a copy of it available for inspection under supervision at his office; and the list shall be kept so published until the next revised version of the register is published under section 13(1) of the 1983 Act.

F158(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F159Record of anonymous entriesN.I.

53A.—(1) The registration officer must keep a record of anonymous entries.

(2) The registration officer must enter in the record each person (“P”) who is entered in the register with an anonymous entry.

(3) The entry in the record must contain the following particulars—

(a)P’s full name;

(b)P’s electoral number;

(c)P’s qualifying address;

(d)where P has given in his application for an anonymous entry an address other than his qualifying address to which correspondence should be sent, that address;

(e)the date on which P’s entitlement to remain registered anonymously will terminate under section 9C(1A) of the 1983 Act (in the absence of a further application under section 9B of that Act).

(4) Where P’s application to vote by post or by proxy is granted, the registration officer must also enter in the record the address to which the postal ballot paper is to be sent as given in his application under section 6(6) or 9(12) of the 1985 Act, or paragraph 1(6) or 4(11) of Part 1 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985, as the case may be.

Textual Amendments

Modifications etc. (not altering text)

C21Reg. 53A applied (with modifications) (15.9.2014) by S.I. 2001/1184, reg. 9, Sch. Pt. 2 (as inserted by S.I. 2014/1803, regs. 1(1), 8(3)(b))

Duties of registration officer and his staff in relation to record of anonymous entriesN.I.

53B.—(1) This regulation applies to—

(a)the Chief Electoral Officer for Northern Ireland;

(b)any temporary deputy of that officer; and

(c)any person appointed to assist any such officer or who in the course of his employment is assigned to assist any such officer in his duties.

(2) Where the Chief Electoral Officer is also the counting officer at a referendum held by or under an Act of Parliament (and so has access to the record of anonymous entries without being supplied with a copy of it), this regulation also applies to—

(a)the Chief Electoral Officer in that capacity,

(b)any deputy counting officer,

(c)any person appointed to assist any such officer or who in the course of his employment is assigned to assist any such officer in his duties in respect of the referendum in question.

(3) No person to whom this regulation applies may—

(a)supply to any person a copy of the record of anonymous entries,

(b)disclose information contained in it, or

(c)make use of such information,

otherwise than in accordance with an enactment (including these Regulations) or the order of any court or tribunal made at any hearing or during the course of any proceedings.

(4) Nothing in paragraph (3) applies to the supply or disclosure by a person to whom this regulation applies to another such person in connection with his registration duties or for the purposes of an election or referendum.

(5) The persons to whom this regulation applies must take proper precautions for the safe custody of the record of anonymous entries.

(6) In this regulation “enactment” has the same meaning as in section 17(2) of the 2000 Act.

Textual Amendments

Modifications etc. (not altering text)

C22Reg. 53B applied (15.9.2014) by S.I. 2001/1184, reg. 9, Sch. Pt. 2 (as inserted by S.I. 2014/1803, regs. 1(1), 8(3)(b))

Supply of the record of anonymous entries to police forces and other organisationsN.I.

53C.—(1) The registration officer must supply a copy of the record of anonymous entries, at the request in writing of a senior officer, to—

(a)a police force in England and Wales;

(b)the Police Service of Scotland;

(c)the Police Service of Northern Ireland and the Police Service of Northern Ireland (Reserve);

(d)the National Crime Agency;

F160(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)any body of constables established under an Act of Parliament.

(2) “Senior officer” means—

(a)in the case of the forces and organisations mentioned in paragraph (1)(a), (b), (c), (e) and (f), an officer of a rank senior to that of superintendent;

(b)in the case of the National Crime Agency, the Director General of that Agency.

(3) No person serving whether as a constable, officer or employee of any of the forces and organisations mentioned in paragraph (1) may—

(a)supply to any person a copy of the record of anonymous entries,

(b)disclose any information contained in it, or

(c)make use of any such information,

otherwise than for the purposes specified in paragraph (4).

(4) The purposes are—

(a)the prevention and detection of crime and the enforcement of the criminal law (whether in Northern Ireland or elsewhere);

(b)the vetting of a relevant person for the purpose of safeguarding national security.

(5) In paragraph (4), “relevant person” means—

(a)a constable or officer or prospective constable or officer of the force or organisation;

(b)an employee of, or applicant for employment by, the force or organisation.

(6) Any person supplied with a copy of the record of anonymous entries under this regulation must take proper precautions for its safe custody.

Textual Amendments

Modifications etc. (not altering text)

C23Reg. 53C applied (15.9.2014) by S.I. 2001/1184, reg. 9, Sch. Pt. 2 (as inserted by S.I. 2014/1803, regs. 1(1), 8(3)(b))

Certificate of anonymous registrationN.I.

53D.—(1) Where the registration officer enters a person in the record of anonymous entries, he must issue to that person a certificate of anonymous registration.

(2) A certificate of anonymous registration must be in writing and signed by the registration officer.

(3) A certificate of anonymous registration must state—

(a)that it has been issued by the Chief Electoral Officer for Northern Ireland;

(b)the name, electoral number and qualifying address of the person who has the anonymous entry;

(c)the date on which the anonymous entry took effect; and

(d)the date on which the entitlement to remain registered anonymously will terminate in accordance with section 9C(1A) of the 1983 Act, unless a fresh application for an anonymous entry is made.]

Textual Amendments

Modifications etc. (not altering text)

C24Reg. 53D applied (15.9.2014) by S.I. 2001/1184, reg. 9, Sch. Pt. 2 (as inserted by S.I. 2014/1803, regs. 1(1), 8(3)(b))

PART 4N.I.ABSENT VOTERS

Interpretation of Part 4N.I.

54.  In this Part—

“his allotted polling station” in relation to an elector means the polling station allotted or likely to be allotted to him under the elections rules; and

one person is “related” to another if he is the spouse or civil partner, parent, grandparent, brother, sister, child or grandchild of the other.

Modifications etc. (not altering text)

General requirements for applications for an absent voteN.I.

55.—(1) An application under section 6, 7, 8 or 9 of the 1985 Act(37) must comply with the requirements of this regulation and such further requirements in this Part of these Regulations as are relevant to the application.

(2) In the case of an application under section 6(1) or 7(1), the application must state, in addition to the matters required by section 6(1)(ba) to (bc) or section 7(1)(ba) to (bc) of the 1985 Act (38)—

(a)the full name of the applicant;

(b)the address in respect of which the applicant is or will be registered in the register except in the case of an application under section 9 of the 1985 Act;

(c)in the case of such an application the proxy’s address, together with the name of the elector for whom he will act as proxy and the elector’s address for the purposes of sub-paragraph(b); F161...

(d)in the case of an application under section 6(1), 7(1) or 9(4) or (7) of the 1985 Act, the grounds on which the elector claims to be entitled to an absent vote [F162, and

(e)where the applicant has, or has applied for, an anonymous entry, that fact.]

(3) The application shall be made in writing and be signed and dated by the applicant.

(4) Where an application is made to vote by proxy, it shall include an application for the appointment of a proxy which meets the requirements of regulation 56.

Textual Amendments

Modifications etc. (not altering text)

[F163Additional requirement for applications for ballot papers to be sent to a different address to that in registerN.I.

55A.—(1) Paragraph (2) applies where—

(a)in the case of an application to vote by post under section 6(1) of the 1985 Act, the addresses provided in accordance with section 6(6) of that Act and regulation 55(2)(b) are different;

(b)in the case of an application to vote by post under section 7(1) of the 1985 Act, the addresses provided in accordance with section 7(5) of that Act and regulation 55(2)(b) are different;

(c)in the case of an application by a proxy to vote by post under section 9(4) [F164or (7)] of the 1985 Act, the address provided in accordance with section 9(12) of that Act and the proxy’s address provided in accordance with regulation 55(2)(c) are different.

(2) The application must set out why the applicant’s (“A”) circumstances will be or are likely to be such that A requires the ballot paper to be sent to the address provided in accordance with the provisions of the 1985 Act mentioned above.

[F165(3) This regulation does not apply where an applicant has, or has applied for, an anonymous entry.]

Textual Amendments

Modifications etc. (not altering text)

Additional requirement for applications for ballot papers to be sent to different address from that shown in the record kept under section 6(3) or section 9(6) of the 1985 ActN.I.

55B.—[F166(1)] An application under—

(a)section 7(2) of the 1985 Act by a person (“A”) shown as voting by post in the record kept under section 6(3) of that Act; or

(b)section 9(8) of the 1985 Act by a person (“A”) shown as voting by post in the record kept under section 9(6) of that Act,

for A’s ballot paper to be sent to a different address from that shown in the record shall set out why A’s circumstances will be or are likely to be such that A requires the ballot paper to be sent to that address.]

[F167(2) This regulation does not apply where the applicant has, or has applied for, an anonymous entry.]

Textual Amendments

Modifications etc. (not altering text)

Additional requirements for applications for the appointment of a proxyN.I.

56.—[F168(1)] An application for the appointment of a proxy under section 8(6) or (7) of the 1985 Act shall state the full name [F169, date of birth] and address of the person whom the applicant wishes to appoint as his proxy, F170... and—

(a)if it is signed only by the applicant, shall contain a statement by him that he has consulted the person so named and that the person is capable of being and willing to be appointed to vote as his proxy; or

(b)if it is also signed by the person to be appointed, shall contain a statement by that person that he is capable of being and willing to be appointed to vote as the applicant’s proxy.

[F171(2) Where the application mentioned in paragraph (1) is made by an elector with an anonymous entry, the application must be accompanied by an application, by the person to be appointed as proxy, under—

(a)section 9(4) of the 1985 Act (application to vote by post as proxy at parliamentary elections for an indefinite period); or

(b)section 9(7) of the 1985 Act (application to vote by post as proxy at a particular election) in relation to the election.]

Textual Amendments

Modifications etc. (not altering text)

Additional requirements for applications on grounds of blindness or other disabilityN.I.

57.—(1) An application under section 6(2)(b)(39) of the 1985 Act shall specify the disability by reason of which it is made.

(2) Subject to paragraph (3), such an application shall be attested and signed by [F172a person who is registered in the register and who is]—

(a)a registered medical practitioner;

(b)a nurse registered on the register maintained by the Nursing and Midwifery Council under article 5 of the Nursing and Midwifery Order 2001(40) by virtue of qualifications in nursing;

[F173(ba)a social worker registered under the principal part of the register maintained by the Northern Ireland Social Care Council under section 3 of the Health and Personal Services Act (Northern Ireland) 2001;]

(c)a Christian Science practitioner;

(d)the person registered under the Registered Homes (Northern Ireland) Order 1992(41) as carrying on a residential care home within the meaning of article 3 of that Order or a nursing home within the meaning of article 16 of that Order, where the applicant states that he is resident in such a home;

(e)the person in charge of residential accommodation provided under article 15 of the Health and Personal Social Services (Northern Ireland) Order 1972(42), where the applicant states that he is resident in such accommodation; or

(f)the manager or other person in charge of premises forming one of a group of premises provided for persons of pensionable age or persons with a disability for which there is a resident manager or other person in charge, where the applicant states that he resides in such premises.

(3) The person attesting the application shall state—

(a)his name and address and the qualification by virtue of which he attests the application;

[F174(ab)that he is registered in the register;]

(b)that, to the best of his knowledge and belief, the applicant has the disability specified in the application and that he cannot reasonably be expected to go in person to his allotted polling station or to vote unaided there by reason of that disability; and

(c)that, to the best of his knowledge and belief, the disability specified in the application is likely to continue either indefinitely or for a period specified by the person attesting the application.

(4) Paragraphs (2) to (4) shall not apply where—

(a)the application is based on the applicant’s blindness and the applicant is registered as a blind person by [F175a Health and Social Care trust] which is specified in the application; or

[F176(b)the application states that the applicant is in receipt of—

(i)the higher rate of attendance allowance (payable under section 65 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992); or

(ii)the highest rate of the care component or the higher rate of the mobility component (or both) of the disability living allowance (payable under section 72 and section 73 of that Act) [F177; F178...

(iii)armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011,] F179[F180...

(iv)the enhanced rate of the daily living component or the enhanced rate of the mobility component (or both) of personal independence payment (payable under Articles 83(2) and 84(2) of the Welfare Reform (Northern Ireland) Order 2015),] F181...

[F182(v)the higher rate of the mobility component of disability assistance for children and young people (payable in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018),] [F183or

(vi)the enhanced rate of the mobility component of disability assistance for working age people (payable in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018),]

because of the disability specified in the application.]

(5) The fact that an applicant is registered with [F184a Health and Social Care trust] as a blind person shall be deemed sufficient evidence that he is eligible for an absent vote on the grounds set out in section 6(2)(b) of the 1985 Act.

Textual Amendments

Additional requirements for applications based on occupation, service, employment or attendance on a courseN.I.

58.—(1) An application under section 6(2)(c) of the 1985 Act(43) shall state—

(a)whether the occupation, service or employment in respect of which it is made is that of the applicant or his spouse or civil partner; or

(b)whether it is the applicant or his spouse or civil partner who is attending the course provided by an educational institution in respect of which the application is made; and

(c)the nature of the occupation, service or employment or course provided by an educational institution giving rise to the application;

(d)where the person in respect of whose occupation, service or employment it is made (in this regulation referred to as “the employed person”) is self-employed, that fact; and in any other case the name of that person’s employer;

(e)the reason, relevant to the general nature of the employment, service or occupation in question or the course provided by an educational institution, why the applicant cannot reasonable be expected to go in person to his allotted polling station.

(2) Such an application shall be attested and signed—

(a)where the person is self-employed, by a person who—

(i)is aged 18 years or over;

(ii)knows the self-employed person; and

(iii)is not related to him;

(b)by the employer of the employed person or by another employee to whom this function is delegated by the employer; and

(c)in the case of a course provided by an educational institution, by the director or tutor of that course or by the principal or head of that institution or an employee to whom this function is delegated by the head or principal.

(3) The person attesting an application made under paragraph (2) shall—

(a)where the applicant is the employed person, self-employed person or the person attending the course, certify that the statements required by sub-paragraphs (a) to (e) of paragraph (1) to be included in the application are true; or

(b)where the applicant is the spouse or civil partner of the employed person, self-employed person or the person attending the course, certify that the statements included in the application in accordance with the requirements of sub-paragraphs (a) to (d) of paragraph (1) are true.

(4) The person attesting an application under paragraph (2) shall also state—

(a)his name and address, that he is aged 18 years or over, that he knows the employed person, self-employed person or person attending a course provided by an educational institution but is not related to him; and

(b)if he is attesting as or on behalf of the employer of the employed person, that he is the employer or the position he holds in the employment of that employer; or

(c)if he is attesting an application made on the grounds of attendance at a course provided by an educational institution, the post he holds at that institution.

Additional requirements for applications in respect of a particular electionN.I.

59.—(1) An application under section 7(1) of the 1985 Act shall set out why the applicant’s circumstances on the date of the poll for the election in respect of which it is made will be or are likely to be such that he cannot reasonably be expected to vote in person at his allotted polling station.

(2) Except in respect of an application to which paragraph (4), (6) or (8) applies, such an application shall be signed and attested by a person who—

(a)is aged 18 years or over;

(b)resides in the United Kingdom;

(c)knows the applicant but is not related to him; and

[F185(d)has not attested under this paragraph more than one other application in respect of the election for which the application he attests is made or that election taken together with any other election in Northern Ireland the poll for which is taking place on the same day.]

(3) The person attesting an application under paragraph (2) shall state—

(a)his full name and address;

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

(c)that he resides in the United Kingdom;

(d)that he knows the applicant but is not related to him; and

[F186(e)that he has not attested under paragraph (2) more than one other application in respect of the election for which the application he attests is made or that election taken together with any other election in Northern Ireland the poll for which is taking place on the same day,]

and shall certify that, to the best of his knowledge and belief, the statement included in the application in accordance with paragraph (1) is true.

(4) This paragraph applies in respect of an application under section 7(1) of the 1985 Act in which the circumstances set out in accordance with paragraph (1) are that the applicant will be or is likely to be ill on the date of the poll, and which—

(a)specifies the illness which he is likely to suffer from; and

(b)is attested and signed by [F187a person who is registered in the register and who is] one of the persons specified in sub-paragraphs (a), (b) and (c) of regulation 57(2).

(5) The person attesting an application under paragraph (4) shall state—

(a)his name and address;

[F188(ab)that he is registered in the register;]

(b)the qualification by virtue of which he is authorised to attest it;

(c)that he has seen the applicant in connection with the circumstances set out in the application in accordance with paragraph (1); and

(d)that, to the best of his knowledge and belief—

(i)the applicant is suffering from the illness specified in the application;

(ii)that he will be or is likely to be so suffering on the date of the poll; and

(iii)that he cannot reasonably be expected to vote in person at his allotted polling station because of that illness.

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

(a)which is received by the registration officer after 5 p.m. on the fourteenth day (calculated in accordance with regulation 61(5)) before the date of the poll at the election in question (“the standard closing date for applications”) but before 5 p.m. on the sixth day (so calculated) before the date of that poll;

(b)in which the circumstances set out in accordance with paragraph (1) 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 and signed [F189a person who is registered in the register and who is] by one of the persons specified in sub-paragraphs (a), (b) and (c) of regulation 57(2).

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

(a)his name and address;

[F190(ab)that he is registered in the register;]

(b)the qualification by virtue of which he is authorised to attest it;

(c)that he has seen the applicant in connection with the circumstances set out in the application in accordance with paragraph (1);

(d)that to the best of his knowledge and belief—

(i)the applicant is suffering from the illness specified in the application;

(ii)that he will be or is likely to be so suffering on the date of the poll; and

(iii)that he cannot reasonably be expected to vote in person at his allotted polling station because of that illness; and

(e)that, to the best of his knowledge and belief, the statement which the applicant made in accordance with paragraph (6)(c) is correct.

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

(a)which is received by the registration officer during the period specified in paragraph (6)(a);

(b)in which the circumstances set out in accordance with paragraph (1) relate to the applicant’s employment either as a constable or by the returning officer on the date of the poll of the election for which the application is made for a purpose connected with that election or any other parliamentary F191... 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 is signed by a member of the Police Service of Northern Ireland of or above the rank of chief inspector.

Textual Amendments

Modifications etc. (not altering text)

Additional requirements for applications by proxies to vote by post at a particular electionN.I.

60.  An application under [F192section 9(7)(a)] of the 1985 Act shall set out why the applicant’s circumstances on the date of the poll for the election in respect of which it is made will be or are likely to be such that he cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to the elector under the elections rules.

Textual Amendments

Modifications etc. (not altering text)

Closing date for applicationsN.I.

61.—(1) An application under section 6(1) or (5), 8(6) or 9(4) of the 1985 Act shall be disregarded for the purposes of a particular election if it is received by the registration officer after 5 p.m. on the fourteenth day before the day of the poll at that election.

(2) Subject to paragraph (3), an application under section 7(1) or (2), 8(7) or 9(7) or (8) of the 1985 Act shall be refused if it is received by the registration officer after 5 p.m. on the fourteenth day before the day of the poll at the election for which is made.

(3) Paragraph (2) shall not apply to an application which satisfies the requirements of either paragraphs (6) and (7) or paragraph (8) of regulation 59; and such an application shall be refused if it is received by the registration officer after 5 p.m. on the sixth day before the day of the poll at the election for which it is made.

(4) An application under—

(a)section 6(4)(a) of the 1985 Act by an elector to be removed from the record kept under section 6(3) of that Act; or

(b)section 9(11)(a) of that Act by a proxy to be removed from the record kept under section 9(6) of that Act,

and a notice under section 8(9) of that Act by an elector cancelling a proxy’s appointment shall be disregarded for the purposes of a particular election if it is received by the registration officer after 5 p.m. on the fourteenth day before the date of the poll at that election.

(5) In computing a period of days for the purposes of this regulation, Saturday, Sunday, Christmas Eve, Christmas Day, Good Friday or a bank holiday shall be disregarded.

(6) In paragraph (5) “bank holiday” means—

(a)in relation to a general election, a day which is a bank holiday under the Banking and Financial Dealings Act 1971(44) in any part of the United Kingdom; and

(b)in relation to a by-election, a day which is a bank holiday under that Act in Northern Ireland,

except that where, at a parliamentary general election, any proceedings are commenced afresh by reason of a candidate’s death, sub-paragraph (b), not sub-paragraph (a), shall apply.

Modifications etc. (not altering text)

Grant or refusal of applicationsN.I.

62.—(1) Where the registration officer grants an application under section 6, 7, 8 or 9 of the 1985 Act, he shall, where practicable, notify the applicant [F193in writing] of his decision.

(2) Where the registration officer grants an application for the appointment of a proxy, he shall confirm in writing to the elector that the proxy has been appointed, his name and address, and the duration of the appointment.

(3) The proxy paper F194... to be issued by the registration officer on the appointment of a proxy shall be in Form E.

(4) Where the registration officer refuses an application under section 6, 7, 8 or 9 of the 1985 Act, he shall notify the applicant [F195in writing] of his decision and, in the case of an application under section 6(1) or 9(4), of the reasons for it; and he shall date such a notification.

(5) Where under regulation 61(1) or 61(4) the registration officer disregards an application for the purposes of a particular election, he shall, where practicable, notify the applicant [F196in writing] of this.

[F197(6) Paragraphs (7) and (8) apply in the following situations—

(a)where a person makes an application to vote by post under section 6(1) of the 1985 Act (application for postal vote for indefinite period) and the addresses provided in accordance with section 6(6) of that Act (address to which ballot paper should be sent) and regulation 55(2)(b) (address in the register) are different;

(b)where a person makes an application to vote by post under section 7(1) of the 1985 Act (application for postal vote for a particular election) and the addresses provided in accordance with section 7(5) of that Act (address to which ballot paper should be sent) and regulation 55(2)(b) (address in the register) are different;

(c)where a person who is a proxy makes an application to vote by post under section 9(4) or (7) of the 1985 Act (application by proxy for postal vote for indefinite period or for a particular election) and the addresses provided for the proxy in accordance with section 9(12) of that Act (address to which ballot paper should be sent) and regulation 55(2)(c) (proxy’s address as provided in proxy application) are different;

(d)where a person makes an application under section 7(2)(a) of the 1985 Act (application by person registered as postal voter for indefinite period to have ballot papers sent to a different address for a particular election);

(e)where a person makes an application under section 9(8) of the 1985 Act (application by proxy registered as postal voter for indefinite period for ballot papers to be sent to a different address for a particular election).

(7) Where the registration officer grants the application, the notification under paragraph (1) must include a statement that the ballot paper will be sent to the address specified in the application as the address to which the ballot paper should be sent.

(8)  A notification about the application under paragraph (1), (4) or (5) must be delivered to the applicant’s normal address, except where paragraph (9) applies.

(9) This paragraph applies where the applicant is—

(a)an applicant registered in pursuance of a service declaration,

(b)an applicant registered in pursuance of a declaration of local connection (within the meaning of section 7B of the 1983 Act),

(c)an applicant who is a merchant seaman (within the meaning of section 6 of the 1983 Act), or

(d)an applicant who has an anonymous entry.

(10) In paragraph (8), “the applicant’s normal address” means—

(a)in the situation mentioned in paragraph (6)(a) or (b), the address provided under regulation 55(2)(b) (address in the register);

(b)in the situation mentioned in paragraph (6)(c), the address provided under regulation 55(2)(c) (proxy’s address as provided in proxy application);

(c)in the situation mentioned in paragraph (6)(d), the address recorded under section 6(3)(b) of the 1985 Act (address provided in application for postal vote as address to which ballot papers should be sent);

(d)in the situation mentioned in paragraph (6)(e), the address recorded under section 9(6)(b) of the 1985 Act (address provided in application for postal vote by proxy as address to which ballot papers should be sent).]

Textual Amendments

Modifications etc. (not altering text)

Notice of appealN.I.

63.—(1) A person desiring to appeal under section 58(1)(b) of the 1983 Act(45) against the decision of a registration officer must give notice [F198in writing] of the appeal to the registration officer within 14 days of the receipt of the notice given under regulation 62(4), specifying the grounds of appeal.

(2) The registration officer shall forward any such notice to the appropriate county court together with a statement of the material facts which in his opinion have been established in the case, of his decision upon the whole case and on any point which may be specified as a ground of appeal.

(3) Where it appears to the registration officer that any notices of appeal given to him are based on similar grounds, he shall inform the county court of this to enable the court (if it thinks fit) to consolidate the appeals or select a case as a test case.

Textual Amendments

Cancellation of proxy appointmentN.I.

64.  Where the appointment of a proxy is cancelled by notice given to the registration officer under section 8(9) of the 1985 Act(46) or ceases to be in force under that provision or is no longer in force under section 8(10)(b) of that Act, the registration officer shall—

(a)notify the person whose appointment as proxy has been cancelled, ceases to be or is no longer in force, unless the registration officer has previously been notified by that person that he no longer wishes to act as proxy; and

(b)remove his name from the record kept under section 6(3)(c) of that Act.

Modifications etc. (not altering text)

Inquiries by registration officerN.I.

65.—(1) The registration officer may, at such times as he thinks fit, make inquiries of a person who is shown in the record kept under section 6(3) of the 1985 Act(47) by virtue of an application under that section on the grounds set out in paragraph (b) or (c) of section 6(2).

(2) In the case of a person who is shown in the record kept under section 6(3) of the 1985 Act by virtue of an application under that section on the grounds set out in section 6(2)(c), the registration officer shall make the inquiries referred to in paragraph (1) not later than three years after the granting of the application or the last such inquiries, as the case may be.

(3) The registration officer may treat the failure by a person of whom inquiries have been made to respond to such inquiries within one month of the date on which they were made as sufficient evidence of a material change in circumstances.

Records and lists kept under sections 6, 7 and 9 of the 1985 ActN.I.

66.—(1) The registration officer shall, on request, supply free of charge a copy of the list kept under sections 7(4) and 9(9) of the 1985 Act(48) to each candidate at a parliamentary election or his election agent.

(2) The registration officer shall make available for inspection at his office a copy of the records kept under sections 6(3) and 9(6) of the 1985 Act(49).

[F199(2A) The registration officer must not make available for inspection under paragraph (2) a copy of any record relating to—

(a)a person who has an anonymous entry; or

(b)the proxy of a person who has an anonymous entry.]

(3) As soon as practicable after the sixth day before the day of the poll (calculated in accordance with regulation 61(5)) the registration officer shall publish the lists kept under sections 7(4) and 9(9) of the 1985 Act by making a copy of them available for inspection at his office.

Textual Amendments

Modifications etc. (not altering text)

Marked register for polling stationsN.I.

67.  To indicate that an elector or his proxy is entitled to vote by post and is for that reason not entitled to vote in person, the letter “A” shall be placed against the [F200entry] of that elector in any copy of the register, or part of it, provided for a polling station.

Textual Amendments

Certificate of employment at a parliamentary electionN.I.

68.—(1) The form of certificate in Form F is prescribed for the purposes of rule 32(3) of the elections rules.

(2) The prescribed officer of police for those purposes is a member of the Police Service of Northern Ireland of or above the rank of chief inspector.

Form of Corresponding number listsN.I.

69.—(1) The form of the corresponding number list to be prepared by the returning officer under rule 19A(50) of the elections rules shall be in Form G.

(2) The form of the corresponding number list to be prepared by the returning officer for the purposes of rules 29(3)(e)(51) and 37(1)(c)(52)of the elections rules shall be in Form H.

(3) The form of the corresponding number list to be prepared by a returning officer under rule 19A of the elections rules, when a parliamentary election is combined with another poll under section 15 of the 1985 Act(53) shall be in Form J.

(4) The form of the corresponding number list to be prepared by a returning officer for the purposes of rules 29(3)(e) and 37(1)(c) of the elections rules, when a parliamentary election is combined with another poll under section 15 of the 1983 Act shall be in Form K.

PART 5N.I.ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS

Interpretation of Part 5N.I.

70.—[F201(1)] For the purposes of this Part of these Regulations, unless the context otherwise requires—

“absent voters list” means the list kept under section 7(4) of the 1985 Act;

“agent” includes the election agent and a person appointed to attend in the election agent’s place;

“ballot paper envelope” and “covering envelope” means the envelopes referred to in regulation 78;

[F202“left behind postal voting document” has the same meaning as in regulation 84F(1);”;]

“list of postal proxies” means the list kept under section 9(9) of the 1985 Act;

“postal ballot paper” means a ballot paper issued to a postal voter;

“postal voter” means an elector or proxy who is entitled to vote by post;

“postal voters’ ballot box” means the ballot box referred to in regulation 83(1)(a);

[F202“postal voting document” means a postal ballot paper or declaration of identity;”;]

“receptacle for ballot paper envelopes”, and other references to specified receptacles, means the receptacles referred to in regulation 83(5);

[F202“return of postal voting documents form” has the same meaning as in regulation 84A(2);]

“spoilt postal ballot paper” means a ballot paper referred to in regulation 81(1);

“universal postal service provider” has the meaning given in [F203Part 3 of the Postal Services Act 2011] to a “universal service provider”; and

“valid declaration of identity” means one falling within regulation 87(1).

[F204(2) In this Part, a reference to a person seeking to hand in a postal voting document is a reference to a person seeking to hand in a covering envelope purporting to contain a postal voting document to the returning officer.]

Textual Amendments

Modifications etc. (not altering text)

Issue of Postal Ballot PapersN.I.

[F205Time when postal ballot papers are to be issuedN.I.

70A.  Postal ballot papers (and declarations of identity) must not be issued by the counting officer so as to be received by persons entitled to vote in the referendum before the beginning of the relevant period within the meaning of section 125 of the Political Parties, Elections and Referendums Act 2000 (restriction on campaigning by certain persons and bodies).]

Textual Amendments

Form of declaration of identityN.I.

71.  The form of the declaration of identity for the purposes of rule 24 of the elections rules(54) shall be in—

(a)Form L at a parliamentary election where the poll is taken alone;

(b)Form M at a parliamentary election where the poll is taken together with the poll at [F206another] election.

Textual Amendments

Persons entitled to be present at proceedings on issue and receipt of postal ballot papersN.I.

72.—(1) Without prejudice to the provisions of section 6A, 6B, 6C, 6D or 6E of the Political Parties, Elections and Referendums Act 2000(55) no person may be present at the proceedings on the issue or receipt of postal ballot papers at a parliamentary election other than—

(a)the returning officer [F207and the returning officer’s clerks];

(b)a candidate;

(c)an election agent or any person appointed by a candidate to attend in his election agent’s place; and

(d)any agents appointed under regulation 73.

[F208(2) Sub-paragraphs (b), (c) and (d) of paragraph (1) do not apply to proceedings on issue or receipt of tendered postal ballot papers under rule 40ZA of the elections rules.]

Textual Amendments

Modifications etc. (not altering text)

Agents of candidates who may attend proceedings on issue or receipt of postal ballot papersN.I.

73.—(1) Each candidate may appoint one or more agents to attend the proceedings on the issue or receipt of the postal ballot papers.

(2) The returning officer shall specify the number of agents allowed to attend proceedings under paragraph (1).

(3) The number of agents specified under paragraph (2) shall be the same for each candidate.

(4) Notice in writing of the appointment stating the names and addresses of the persons appointed shall be given by the candidate to the returning officer before the time fixed for the issue of the postal ballot papers or the opening of the postal voters’ ballot box, as the case may be.

(5) If an agent dies or becomes incapable of acting, the candidate may appoint another agent in his place and shall forthwith give to the returning officer notice in writing of the name and address of the agent appointed.

(6) Agents may be appointed and notice of appointment given to the returning officer by the candidate’s election agent instead of by the candidate.

(7) In this Part of these Regulations references to agents shall be taken as references to agents whose appointments have been duly made and notified and, in the case of agents appointed under paragraph (1), who are within the number authorised by the returning officer.

(8) A candidate may himself do any act or thing which any agent of his, if appointed, would have been authorised to do, or may assist his agent in doing any such act or thing.

(9) Where in this Part of these Regulations any act or thing is required or authorised to be done in the presence of the candidates or their agents, the non-attendance of any such persons or person at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.

[F209(10) Nothing in this regulation applies to the issue or receipt of tendered postal ballot papers under rule 40ZA of the elections rules.]

Textual Amendments

Modifications etc. (not altering text)

Notification of requirement of secrecyN.I.

74.  The returning officer shall make such arrangements as he thinks fit to ensure that every person attending the proceedings in connection with the issue or receipt of postal ballot papers has been given a copy in writing of the provisions of subsections (4) and (6) of section 66 of the 1983 Act(56).

Modifications etc. (not altering text)

Notice of issue of postal ballot papersN.I.

75.—(1) The returning officer shall give each candidate not less than 48 hours’ notice in writing of the time and place at which he will issue postal ballot papers and of the number of agents which each candidate may appoint under regulation 73 to attend that issue.

(2) Where any subsequent issue of postal ballot papers is made, the returning officer shall notify each candidate [F210in writing] as soon as practicable of the time and place at which he will make such subsequent issue and of the number of agents the candidate may appoint under regulation 73 to attend such issue.

[F211(3) Nothing in this regulation applies to the issue of tendered postal ballot papers under rule 40ZA of the elections rules.]

Textual Amendments

Modifications etc. (not altering text)

Procedure on issue of postal ballot paperN.I.

76.—(1) The number of the elector as stated in the register shall be marked on the corresponding number list, next to the number and unique identifying mark of the ballot paper issued to the elector.

(2) A mark shall be placed in the absent voters list or the list of postal proxies against the number of the elector to denote that a ballot paper has been issued to the elector or his proxy, but without showing the particular ballot paper issued.

(3) The number of a postal ballot paper shall be marked on the declaration of identity sent with that paper.

(4) Where the poll at one election is taken with the poll at another election, the colour of the postal ballot paper must also be marked on the declaration of identity sent with that paper.

(5) The address to which the postal ballot paper, declaration of identity and the envelopes referred to in regulation 78 are to be sent is—

(a)in the case of an elector, the address shown in the absent voters list [F212(or, where the elector has an anonymous entry, the address that would be so shown but for section 7(4A) of the 1985 Act)];

(b)in the case of a proxy, the address shown in the special list kept under section 9(9) of the 1985 Act [F213(or, where the proxy has an anonymous entry or is the proxy for a person who has an anonymous entry, the address that would be so shown but for section 9(9A) or (9B) of that Act)].

Textual Amendments

Modifications etc. (not altering text)

Refusal to issue postal ballot paperN.I.

77.  Where a returning officer is satisfied that two or more entries in the absent voters list, or the list of postal proxies or in each of those lists relate to the same elector, he shall not issue more than one ballot paper in respect of that elector.

Modifications etc. (not altering text)

EnvelopesN.I.

78.—(1) Paragraphs (2) and (3) prescribe the envelopes which are to be issued to a postal voter in addition to the ballot paper and declaration of identity (which are issued under rule 24 of the elections rules(57)).

(2) There shall be issued an envelope for the return of the postal ballot paper and the declaration of identity (referred to as a “covering envelope”) which shall be marked with the letter “B”.

(3) There shall also be issued a smaller envelope (referred to as a “ballot paper envelope”) which shall be marked with—

(a)the letter “A”;

(b)the words “ballot paper envelope”; and

(c)the number of the ballot paper, unless the envelope has a window through which the number on the ballot paper (or ballot papers) can be displayed.

(4) Where the polls are taken together—

(a)the envelope referred to in paragraph (2) must also be marked “Covering envelope for the [insert the colour of the ballot paper] coloured ballot paper”; and

(b)on the envelope referred to in paragraph (3) after the words “Ballot paper envelope” there must be added “for the [insert colour of the ballot paper]coloured ballot paper”.

[F214(5) In regulations 87 and 88, a reference to the number on a ballot paper envelope includes, in the case of an envelope of the kind referred to in paragraph (3)(c), a reference to the number that is displayed through the window in that envelope.]

Textual Amendments

Modifications etc. (not altering text)

Sealing up of completed corresponding number lists and security of special listsN.I.

79.—(1) As soon as practicable after the issue of each batch of postal ballot papers, the returning officer shall make up into a packet the completed corresponding number lists of those ballot papers which have been issued and shall seal such a packet.

(2) As soon as practicable after the last batch of postal ballot papers have been issued, the returning officer shall make up into a packet the marked copy of the absent voters list and the list of postal proxies and shall seal such a packet.

(3) Until the time referred to in paragraph (2), the returning officer shall take precautions for the security of the lists referred to in that paragraph.

Modifications etc. (not altering text)

Delivery of postal ballot papersN.I.

80.—(1) For the purpose of delivering postal ballot papers, the returning officer may use—

(a)a universal postal service provider;

(b)a commercial delivery firm; or

(c)clerks appointed under rule 26(1) of the elections rules.

(2) Where the services of a universal postal service provider or commercial delivery firm are to be used, envelopes addressed to postal voters shall be counted and delivered by the returning officer with such form of receipt to be endorsed by that provider or firm as may be arranged.

(3) Postage shall be prepaid on envelopes addressed to the postal voters and on the covering envelopes.

Modifications etc. (not altering text)

Spoilt postal ballot papersN.I.

81.—(1) If a postal voter has inadvertently dealt with his postal ballot paper in such manner that it cannot be conveniently used as a ballot paper (referred to as “a spoilt postal ballot paper”) he may return (either by hand or by post) to the returning officer the spoilt ballot paper and the declaration of identity.

(2) On receipt of the documents referred to in paragraph (1), the returning officer shall issue another postal ballot paper except where those documents are received after 5p.m. on the day before the day of the poll.

(3) Regulations 76 (except paragraph (3)), 78, 79, and, subject to paragraph (6), 80 shall apply to the issue of a replacement postal ballot paper under paragraph (2).

(4) The spoilt postal ballot paper and the declaration of identity shall be immediately cancelled.

(5) The returning officer, as soon as practicable after cancelling those documents, shall make up those documents in a separate packet and shall seal the packet; and if on any subsequent occasion documents are cancelled as mentioned, the sealed packet shall be opened and the additional cancelled documents included in it and the packet shall be again made up and sealed.

(6) Where a postal voter applies in person, the returning officer may hand a replacement postal ballot paper to him instead of delivering it in accordance with regulation 80.

(7) The returning officer shall enter in a list kept for the purpose (“the list of spoilt ballot papers”)—

(a)the name and address of the elector as stated in the register [F215(or, in the case of an elector who has an anonymous entry, the elector’s electoral number alone)];

(b)the number of the postal ballot paper issued under this regulation; and

(c)where the postal voter whose ballot paper is spoilt is a proxy, his name and address [F216(or, in the case of a proxy who has an anonymous entry or is the proxy for a person with an anonymous entry, the proxy’s electoral number alone or, as the case may be, a statement that the proxy is not registered as an elector)].

Textual Amendments

Modifications etc. (not altering text)

[F217Tendered postal ballot papersN.I.

81A.—(1) A tendered postal ballot paper issued to a person (“P”) under rule 40ZA of the elections rules (tendered postal ballot papers: anonymous entries in Northern Ireland) must be accompanied by—

(a)an envelope for the return of the tendered postal ballot paper and the declaration of identity (referred to as a “covering envelope”) which must be marked with the letter “D”;

(b)a smaller envelope which must be marked with—

(i)the letter “C”;

(ii)the words “tendered postal ballot paper envelope”; and

(iii)the number of the tendered postal ballot paper, unless the envelope has a window through which the number on the ballot paper can be displayed; and

(c)a declaration of identity in the form set out in regulation 71 (form of declaration of identity) which is marked with the number of the tendered postal ballot paper.

(2) Where a parliamentary election is combined with another poll under section 15 of the 1985 Act—

(a)the envelope referred to in paragraph (1)(a) must also be marked “Covering envelope for the [insert the colour of the ballot paper] coloured ballot paper”; and

(b)on the envelope referred to in paragraph (1)(b) after the words “tendered postal ballot paper envelope” there must be added “for the [insert colour of the ballot paper] coloured ballot paper”.

(3) Subject to paragraph (5), regulation 80 (delivery of postal ballot papers) applies to the issue of a tendered postal ballot paper.

(4) The tendered postal ballot paper, the declaration of identity and the envelopes must be sent to—

(a)where P is an elector, the address that would be shown in the absent voters list but for section 7(4A) of the 1985 Act;

(b)where P is entitled to vote by post as proxy, the address that would be shown in the special list kept under section 9(9) of the 1985 Act but for section 9(9A) or (9B) of that Act.

(5) Where P applies in person, the Chief Electoral Officer may hand a tendered postal ballot paper to P instead of delivering it in accordance with regulation 80.

(6) The Chief Electoral Officer must enter in a list kept for the purpose (“the list of tendered postal ballot papers”)—

(a)the entry in the register of the elector in question;

(b)the number of the tendered postal ballot paper issued under this regulation; and

(c)where P is entitled to vote by post as proxy, the proxy’s electoral number or, as the case may be, a statement that the proxy is not registered as an elector.

(7) On receipt of a covering envelope of a tendered postal ballot paper before the close of the poll, the Chief Electoral Officer must—

(a)separate it from the covering envelopes of the other postal ballot papers; and

(b)place it in a separate ballot box for the reception of tendered postal ballot papers.

(8) As soon as practicable after the close of the poll, the Chief Electoral Officer must count and record the number of covering envelopes of tendered postal ballot papers and open each covering envelope separately.

(9) Before proceeding under rule 40ZA(9) of the elections rules, the Chief Electoral Officer must satisfy himself that each tendered postal ballot paper—

(a)is not void under rule 40ZA(7); and

(b)is accompanied by a valid declaration of identity which is marked with the same number as the tendered postal ballot paper.

(10) Where the Chief Electoral Officer is not so satisfied, that officer must—

(a)mark the tendered postal ballot paper as “rejected”; and

(b)place the tendered postal ballot paper, attached to the declaration of identity (if any), in a receptacle for rejected tendered postal votes.

(11) The Chief Electoral Officer must seal the contents of the receptacle for rejected tendered postal votes in a separate packet.]

Textual Amendments

Modifications etc. (not altering text)

Receipt of Postal Ballot PapersN.I.

[F218Alternative means of returning postal ballot paperN.I.

81B.  For the purposes of rule 45(2)(a) of the election rules, a postal ballot paper—

(a)may be returned to the returning officer by post or by hand, and

(b)must be returned to the returning officer in a covering envelope.]

Textual Amendments

Notice of opening of postal ballot paper envelopesN.I.

82.—(1) The returning officer shall give to each candidate not less than 48 hours’ notice in writing of each occasion on which a postal voters’ ballot box and the envelopes contained in it are to be opened.

(2) Such a notice shall specify—

(a)the time and place at which such an opening is to take place; and

(b)the number of agents a candidate may appoint under regulation 73(1) to attend each opening.

Modifications etc. (not altering text)

Postal ballot boxes and receptaclesN.I.

83.—(1) The returning officer shall provide a separate ballot box for the reception of—

(a)the covering envelopes when returned by the postal voters (“postal voters’ ballot box”), and

(b)postal ballot papers (“postal ballot box”).

(2) Each such ballot box shall be marked “postal voters’ ballot box” or “postal ballot box”, as the case may be, and with the name of the constituency for which the election is held.

(3) The postal ballot box shall be shown to the agents present on the occasion of opening the first postal voters’ ballot box as being empty.

(4) The returning officer shall then lock the postal ballot box and apply his seal in such manner as to prevent its being opened without breaking the seal; any of the agents present who wish to add their seals may then do likewise.

(5) The returning officer shall provide the following receptacles—

(a)the receptacle for rejected votes;

(b)the receptacle for declarations of identity; and

(c)the receptacle for ballot paper envelopes.

(6) The returning officer shall take proper precautions for the safe custody of every ballot box and receptacle referred to in this regulation.

Modifications etc. (not altering text)

Receipt of covering envelope [F219by post]N.I.

84.—[F220(1)] The returning officer shall, immediately on receipt [F221by post] of a covering envelope before the close of the poll, place it unopened in a postal voters’ ballot box.

[F222(2) This regulation does not apply to the receipt of a covering envelope for a tendered postal ballot paper.]

Textual Amendments

Modifications etc. (not altering text)

[F223Return of postal voting documents by handN.I.

84A.—(1) This regulation applies where a person (“P”) seeks to hand in a postal voting document before the close of the poll.

(2) P must complete a form containing the information prescribed in regulation 84B(1) (a “return of postal voting documents form”) in relation to—

(a)that postal voting document, and

(b)any other postal voting documents which P is seeking to hand in at that time.

(3) The returning officer must then decide whether to reject any of the postal voting documents handed in by P.

(4) Where the returning officer does not reject any of the postal voting documents handed in by P, the returning officer must proceed under regulation 84D.

(5) Where the returning officer rejects one or more of the postal voting documents handed in by P, the returning officer must proceed under regulation 84E.

(6) For the purposes of this regulation and regulations 84B to 84E (so far as relevant), each covering envelope handed in by P is to remain unopened; and references to postal voting documents handed in by P in those regulations are to postal voting documents as contained in such envelopes.

(7) In this regulation, “reject” means reject under regulation 84C.

Textual Amendments

Modifications etc. (not altering text)

Return of postal voting documents form: prescribed informationN.I.

84B.—(1) For the purposes of regulation 84A(2), the prescribed information is—

(a)P’s name and address;

(b)the total number of covering envelopes that P is handing in;

(c)whether P is handing in postal voting documents issued to P as an elector;

(d)whether P is handing in postal voting documents issued to P as a proxy, and if so for how many electors;

(e)whether P is handing in postal voting documents which were not issued to P, and if so for how many electors and why;

(f)a declaration by P that—

(i)the number of electors for whom P has handed in postal voting documents for the election concerned, including those postal voting documents being handed in at that time, but excluding those issued to P and those rejected in accordance with regulation 84C on a previous occasion, does not exceed the permitted number (see further, regulation 84C), and

(ii)either—

(aa)to the best of P’s knowledge, P is not a political campaigner for whom it is an offence under section 112A of the 1983 Act (offences relating to handling of postal voting documents) to handle the postal voting documents concerned, or

(bb)P is a political campaigner and is only handing in postal voting documents for one or more persons mentioned in paragraph (2).

(2) The persons are—

(a)P,

(b)P’s spouse, civil partner, parent, grandparent, brother, sister, child and grandchild, and

(c)someone for whom P provides regular care or for whom regular care is provided by an organisation which employs or engages P.

(3) For the purposes of paragraph (2)—

(a)two people living together as if they were a married couple or civil partners are treated as if they were spouses or civil partners of each other;

(b)a reference to a person who “engages” another person, or to a person who provides care for another person, includes a reference to a person who engages or provides care otherwise than for payment or promise of payment.

Textual Amendments

Modifications etc. (not altering text)

Rejection of postal voting documents handed in to the returning officerN.I.

84C.—(1) The returning officer must reject—

(a)all postal voting documents handed in together by P, where P fails to provide all the information prescribed in regulation 84B(1) on the return of postal voting documents form;

(b)all postal voting documents handed in together by P, where the returning officer has reasonable cause to suspect that the documents are handed in on behalf of more than five electors;

(c)all postal voting documents handed in together by P, where the returning officer has reasonable cause to suspect that, taking those documents together with any postal voting documents handed in by P on any previous occasion, disregarding any that were rejected in accordance with this regulation, P has handed in postal voting documents on behalf of more than five electors.

(2) In paragraph (1)(b) and (c)—

(a)references to postal voting documents handed in by P are to postal voting documents relating to the same election, but do not include references to a postal voting document issued to P;

(b)“electors” means persons who are electors in relation to the election to which the postal voting documents handed in by P relate.

(3) Where P hands in postal voting documents completed by P as proxy for one or more electors, for “five” in paragraph (1)(b) and (c), substitute the number that is five minus the number of electors for whom P is handing in, or has handed in on a previous occasion, postal voting documents as proxy.

(4) The returning officer may reject a postal voting document handed in by P where the returning officer knows or has reasonable cause to suspect that, in handing in the document, P commits an offence under section 112A of the 1983 Act.

Textual Amendments

Modifications etc. (not altering text)

Procedure where no postal voting document handed in by P is rejected in accordance with regulation 84CN.I.

84D.—(1) Where the returning officer is required by regulation 84A(4) to proceed under this regulation, the returning officer must take the following steps.

(2) The returning officer must immediately endorse the return of postal voting documents form completed by P to confirm—

(a)that the returning officer—

(i)is satisfied that all the information prescribed in regulation 84B(1) has been provided on the form,

(ii)does not have reasonable cause to suspect that the number of electors for whom P has handed in postal voting documents for the election concerned, including those postal voting documents handed in at that time, but excluding those issued to P and those rejected on a previous occasion, exceeds the permitted number (see further, regulation 84C), and

(iii)does not know or have reasonable cause to suspect that P is a political campaigner who is committing an offence under section 112A of the 1983 Act, and

(b)that none of the postal voting documents to which the return of postal voting documents form relates have been rejected.

(3) The returning officer must then immediately place each postal voting document handed in by P in a postal voters’ ballot box.

(4) The returning officer must include the return of postal voting documents form completed by P in a packet made up in accordance with regulation 84G(1)(a) before the end of the day on which the postal voting documents are handed in by P.

(5) Until such time as the form is included in such a packet, the returning officer must take proper precautions for its safe custody.

(6) In this regulation, “rejected” means rejected in accordance with regulation 84C.

Textual Amendments

Modifications etc. (not altering text)

Procedure where at least one postal voting document handed in by P is rejected under regulation 84CN.I.

84E.—(1) Where the returning officer is required by regulation 84A(5) to proceed under this regulation, the returning officer must take the following steps.

(2) The returning officer must immediately indicate on the return of postal voting documents form—

(a)in relation to each rejected postal voting document handed in by P, the fact of the rejection and the reason or reasons for the rejection;

(b)in relation to each postal voting document handed in by P which has not been rejected, the fact that it has not been rejected.

(3) The returning officer must then immediately—

(a)place in a postal voters’ ballot box each postal voting document handed in by P which has not been rejected, and

(b)attach the return of postal voting documents form to all the rejected postal voting documents handed in by P.

(4) The returning officer must, before the end of the day on which the postal voting documents are handed in by P, include in a packet made up in accordance with regulation 84G(1)(b)—

(a)each rejected postal voting document handed in by P, and

(b)the attached return of postal voting documents form.

(5) Until such time as each rejected postal voting document handed in by P and the attached form are included in such a packet, the returning officer must take proper precautions for their safe custody.

(6) In this regulation, “rejected” means rejected in accordance with regulation 84C.

Textual Amendments

Modifications etc. (not altering text)

Postal voting documents left behind with the returning officerN.I.

84F.—(1) This regulation applies in relation to a postal voting document (whether or not in a covering envelope) which is brought into the offices of the returning officer so that it may be handed in to a person but is left behind there without being handed in (a “left behind postal voting document”).

(2) The returning officer must, before the end of the day on which the postal voting document is found—

(a)write on a return of postal voting documents form to confirm that the postal voting document is a left behind postal voting document,

(b)attach the form to the left behind postal voting document, and

(c)include the left behind postal voting document and the attached form in a packet made up in accordance with regulation 84G(1)(b).

(3) Until such time as the left behind postal voting document and the attached return of postal voting documents form are included in a packet made up in accordance with regulation 84G(1)(b), the returning officer must take proper precautions for their safe custody.

(4) For the purposes of paragraph (2), the returning officer must use a different return of postal voting documents form for each left behind postal voting document, except where the left behind postal voting documents—

(a)are contained in the same covering envelope, or

(b)otherwise, were issued to the same person.

(5) For the purposes of this regulation, each covering envelope which is brought into the offices of the returning officer so that it may be handed in to a person but is left behind there without being handed in is to remain unopened; and references to left behind postal voting documents in paragraphs (2) to (3) are, in appropriate cases, to left behind postal voting documents as contained in such envelopes.

Textual Amendments

Modifications etc. (not altering text)

Packets of postal voting documents and return of postal voting documents formsN.I.

84G.—(1) The returning officer must make up separate packets for each of the following—

(a)return of postal voting documents forms endorsed by the returning officer under regulation 84D(2);

(b)postal voting documents which have been rejected in accordance with regulation 84C or are left behind postal voting documents, together with the return of postal voting documents forms which are attached to those documents.

(2) Each packet must be sealed with a description of its contents written on the packet.

(3) The returning office must take proper precautions for the safe custody of each packet referred to in this regulation.

Textual Amendments

Modifications etc. (not altering text)

List of electors whose postal voting documents have been rejected in accordance with regulation 84C or left behindN.I.

84H.—(1) In respect of each election, subject to paragraph (5), the returning officer must compile a list of electors whose postal voting documents—

(a)have been rejected in accordance with regulation 84C or were left behind postal voting documents, and

(b)included a declaration of identity.

(2) The returning officer must record in the list the information specified in paragraph (3) in relation to each such elector.

(3) The information is—

(a)the name and address of—

(i)the elector, and

(ii)if a proxy was entitled to vote on the elector’s behalf, the proxy,

(b)the number on the register of electors of—

(i)the elector, and

(ii)if a proxy was entitled to vote on the elector’s behalf, the proxy,

(c)where—

(i)the elector’s postal voting documents were rejected in accordance with regulation 84C, the reason or reasons specified in paragraph (4) for the rejection of the postal voting documents;

(ii)the elector’s postal voting documents were left behind postal voting documents, that fact,

(d)an indication as to whether the elector’s postal voting documents included a postal ballot paper the number of which matched the postal ballot paper number marked on the elector’s declaration of identity, and

(e)any other information that the returning officer considers appropriate, but not the number of the postal ballot paper.

(4) The specified reasons are—

(a)the postal voting documents were handed in to the returning officer but the return of postal voting documents form was not fully completed with the required information;

(b)the postal voting documents were handed in to the returning officer but the number of electors for whom P handed in postal voting documents exceeded or was suspected to exceed the permitted number;

(c)the postal voting documents were handed in or were suspected to be handed in by a political campaigner (within the meaning of section 112A(7) of the 1983 Act) who was not permitted to hand in those postal voting documents.

(5) For the purposes of compiling the list, the returning officer must—

(a)open each packet made up in accordance with regulation 84G(1)(b),

(b)open separately each covering envelope in that packet and any ballot paper envelope in that covering envelope, and

(c)having recorded all the relevant entries relating to that packet in the list, reseal the packet with its original contents.

(6) In compiling the list, the returning officer—

(a)must keep the postal ballot papers face downwards and take proper precautions for preventing any person from seeing the votes made on the postal ballot papers, and

(b)is not permitted to view the corresponding number list used at the issue of postal ballot papers.

Textual Amendments

Modifications etc. (not altering text)

Notification of a postal ballot paper rejected in accordance with regulation 84C or left behindN.I.

84I.—(1) This regulation applies where—

(a)an elector appears on the list compiled in accordance with regulation 84H(1),

(b)the information recorded on the list indicates that the elector’s postal voting documents included a postal ballot paper the number of which matched the postal ballot paper number marked on the elector’s declaration of identity, and

(c)the elector also appears on the record kept under section 6(3) of the 1985 Act (absent vote at elections for indefinite period).

(2) The registration officer must notify the following persons that the elector’s postal ballot paper was rejected in accordance with regulation 84C or (as the case may be) was a left behind postal voting document—

(a)the elector, and

(b)if a proxy was entitled to vote on the elector’s behalf, the proxy.

(3) The notification must include—

(a)where the elector’s postal ballot paper was rejected in accordance with regulation 84C, the reason or reasons for its rejection recorded on the list in accordance with regulation 84H(3)(c)(i), or

(b)where the elector’s postal ballot paper was a left behind postal voting document, that fact.

(4) The registration officer must send the notification within the period of three months beginning with the date of poll for which the elector’s postal ballot paper was issued.

(5) The registration officer is not obliged to send a notification to any person—

(a)who no longer appears on the record kept under section 6(3) of the 1985 Act at the time the registration officer proposes to send the notification, or

(b)whom the returning officer suspects may have committed an offence, other than an offence under section 112A of the 1983 Act (offences relating to handling of postal voting documents), in relation to—

(i)the elector’s postal voting documents, or

(ii)the elector’s registration on the register.

(6) A notification issued under paragraph (2) may include any additional information that the registration officer considers appropriate, subject to paragraph (7).

(7) The notification must not include the following information in relation to either the elector or, if a proxy was entitled to vote on the elector’s behalf, the proxy—

(a)date of birth;

(b)signature, or a record of the waiver by the registration officer of the requirement for a signature;

(c)national insurance number;

(d)(if applicable) digital registration number.

(8) In this regulation, “digital registration number” has the same meaning as in section 10B(1) of the 1983 Act.]

Textual Amendments

Modifications etc. (not altering text)

Opening of postal voters’ ballot boxN.I.

85.—(1) Each postal voters’ ballot box shall be opened by the returning officer in the presence of the agents.

(2) So long as the returning officer ensures that there is at least one sealed postal voters’ ballot box for the reception of covering envelopes up to the time of the close of the poll, the other postal voters’ ballot boxes may previously be opened by him.

(3) The last postal voters’ ballot box and the postal ballot box shall be opened at the counting of the votes under rule 45(58) of the elections rules.

Modifications etc. (not altering text)

Opening of covering envelopesN.I.

86.—(1) When a postal voters’ ballot box is opened, the returning officer shall count and record the number of covering envelopes, and shall then open each covering envelope separately.

(2) The procedure in regulation 87 applies where a covering envelope contains both—

(a)a declaration of identity; and

(b)a ballot paper envelope, or if there is no ballot paper envelope, a ballot paper.

(3) Where the covering envelope does not contain the declaration of identity separately, the returning officer shall open the ballot paper envelope to ascertain whether the declaration of identity is inside.

(4) Where a covering envelope does not contain both—

(a)a declaration of identity (whether separately or not); and

(b)a ballot paper envelope or, if there is no ballot paper envelope, a ballot paper,

the returning officer shall mark the covering envelope “rejected”, attach its contents (if any) and place it in the receptacle for rejected votes.

[F224(5) In carrying out the procedures in this regulation and regulations 87 and 88, the returning officer—

(a)must keep the ballot papers face downwards and must take proper precautions for preventing any person from seeing the votes made on the ballot papers, and

(b)is not permitted to view the corresponding number list used at the issue of postal ballot papers.

(6) Where a covering envelope opened in accordance with paragraph (1) contains a declaration of identity, the returning officer must place a mark in the marked copy of the absent voters list or list of postal proxies in a place corresponding to the number of the elector to denote that a postal vote has been returned.

(7) A mark made under paragraph (6) must be distinguishable from and must not obscure the mark made under regulation 76(2) (procedure on issue of postal ballot paper).

(8) As soon as practicable after the last covering envelope has been opened, the returning officer must—

(a)make up into a packet the copy of the marked absent voters list and list of postal proxies that has been marked in accordance with paragraph (6), and

(b)seal such a packet.]

Textual Amendments

Modifications etc. (not altering text)

Procedure in relation to declarations of identityN.I.

87.—(1) A declaration of identity is a valid declaration of identity for the purposes of this Part of these Regulations if—

(a)it is duly signed by the voter and authenticated by a witness who has signed the declaration F225...; and

(b)in the case of an elector, the requirements of rule 45(2)(b) and (2A)(59)) of the elections rules are satisfied.

[F226(1A) A person must not sign the declaration as a witness under paragraph (1)(a) unless he is—

(a)aged 18 years or over; and

(b)satisfied to the best of his knowledge and belief as to the identity of the voter.]

(2) The returning officer must satisfy himself that the declaration of identity is a valid declaration of identity.

(3) Where the returning officer is not so satisfied, he shall mark the declaration “rejected”, attach to it the ballot paper envelope, or if there is no such envelope, the ballot paper and, subject to paragraph (4), place it in the receptacle for rejected votes.

(4) Before placing the declaration in the receptacle for rejected votes, the returning officer shall show it to the agents and, if any of them object to his decision, he shall add the words “rejection objected to”.

(5) The returning officer shall then examine the number on the declaration of identity against the number on the ballot paper envelope and, where they are the same, he shall place the declaration and the ballot paper envelope respectively in the receptacle for declarations of identity and the receptacle for ballot paper envelopes.

(6) Where—

(a)the number on a valid declaration of identity is not the same as the number on the ballot paper envelope; or

(b)that envelope has no number on it [F227and the number is not displayed through a window in it],

the returning officer shall open the envelope.

(7) Paragraph (8) applies where—

(a)there is a valid declaration of identity but no ballot paper envelope; or

(b)the ballot paper envelope has been opened under regulation 86(3) or paragraph (6).

(8) In the circumstances described in paragraph (7), the returning officer shall place—

(a)in the postal ballot box, any ballot paper the number on which is the same as the number on the valid declaration of identity;

(b)in the receptacle for rejected votes, any other ballot paper, with the valid declaration of identity attached and marked “rejected”;

(c)in the receptacle for rejected votes, any valid declaration of identity marked “rejected” where there is no ballot paper;

(d)in the receptacle for declarations of identity, any valid declaration not disposed of under sub-paragraph (b) or (c).

Textual Amendments

Modifications etc. (not altering text)

Opening of ballot paper envelopesN.I.

88.—(1) The returning officer shall open separately each ballot paper envelope placed in the receptacle for ballot paper envelopes.

(2) He shall place—

(a)in the postal ballot box, any ballot paper the number on which is the same as the number on the ballot paper envelope;

(b)in the receptacle for rejected votes, any other ballot paper which shall be marked “rejected” and to which shall be attached the ballot paper envelope; and

(c)in the receptacle for rejected votes any ballot paper envelope which shall be marked “rejected” because it does not contain a ballot paper.

Modifications etc. (not altering text)

Sealing of receptaclesN.I.

89.  As soon as practicable after the completion of the procedure under regulation 88, the returning officer shall make up into separate packets the contents of—

(a)the receptacle of rejected votes; and

(b)the receptacle of declarations of identity,

and shall seal up such packets.

Modifications etc. (not altering text)

Abandoned pollN.I.

90.  Where a poll is abandoned or countermanded after postal ballot papers have been issued, by reason of the death of a candidate, the returning officer—

(a)shall not take any step or further step to open covering envelopes or deal with the contents in accordance with the provisions of this Part of these Regulations; and

(b)shall, notwithstanding regulations 86 to 88, treat all unopened covering envelopes and the contents of those that have been opened as if they were counted ballot papers.

Modifications etc. (not altering text)

Forwarding of documentsN.I.

91.—(1) The returning officer shall forward to the Clerk of the Crown for Northern Ireland at the same time as he forwards the documents mentioned in rule 55(60) of the elections rules—

(a)any packets referred to in regulations 79, 81(5) [F228, 81A(11)] [F229, 84G(1)(a)] and 89, subject to regulation 90, endorsing on each packet a description of its contents, the date of the election to which it relates and the name of the constituency for which the election was held; F230...

[F231(aa)the list of spoilt ballot papers and the list of tendered postal ballot papers; and]

(b)a completed statement in Form N.

(2) Where—

(a)any covering envelopes are received by the returning officer after the close of the poll;

(b)any envelopes addressed to postal voters are returned as undelivered too late to be readdressed; or

(c)any spoilt postal ballot papers are returned too late to enable other postal ballot papers to be issued,

the returning officer shall put them unopened in a separate packet, seal up that packet and endorse and forward it at a subsequent date in the manner described in paragraph (1).

[F232(2A) The returning officer must also forward to the Clerk of the Crown for Northern Ireland the list compiled in accordance with regulation 84H(1), together with the packets made up in accordance with regulation 84G(1)(b) and resealed in accordance with regulation 84H(6)(c), as soon as reasonably practicable after the registration officer has met the duty in regulation 84I(2) in relation to each elector on the list.]

(3) Rules 56(61) and 57(62) of the elections rules shall apply to any packet or document forwarded under this regulation [F233, subject to paragraph (3A)].

[F234(3A) For the purposes of the application of rules 56 and 57 of the election rules to the packets and documents forwarded under this regulation, the following are to be treated in the same manner as a counted ballot paper—

(a)the list compiled in accordance with regulation 84H(1) and any extracts from it;

(b)return of postal voting documents forms.]

(4) A copy of the statement referred to in paragraph (1)(b) shall be provided by the returning officer to the Electoral Commission.

Textual Amendments

Modifications etc. (not altering text)

PART 6N.I.SUPPLY OF REGISTERS ETC.

Interpretation and edited registerN.I.

Interpretation of Part 6N.I.

92.—(1) In this Part “register” includes—

(a)any part of it; and

(b)except in regulation 93 and in the context of the supply by the registration officer of the register and notices, any notice altering the register which is published under section 13A(2) or 13BA(3),(6) or (9) of the 1983 Act(63).

(2) In this Part—

“enactment” has the same meaning as in section 17(2) of the 2000 Act; and

“processor” has the meaning set out in regulation 113(1).

(3) In this Part, any reference to an employee of a person who has access to a copy of the full register includes—

(a)any person working or providing services for the person who has such access; and

(b)any person employed by or on behalf of, or working for, the person referred to in sub-paragraph (a).

(4) Any restriction on the use of a copy of the full register or information contained in it which is imposed by any regulation in this Part shall apply to a person to whom a copy of the full register has been supplied or information contained in it has been disclosed under the equivalent regulation in the Representation of the People (England and Wales) Regulations 2001(64), as amended, or the Representation of the People (Scotland) Regulations 2001(65), as amended.

(5) Subject to any direction of the Secretary of State under section 52(1) of the 1983 Act(66), any duty on the registration officer to supply data under this Part imposes only a duty to supply data in the form in which he holds it.

(6) The registration officer shall not supply data which includes information not included in the printed version of the full register otherwise than under a provision in an enactment.

Edited version of registerN.I.

93.—(1) At the time when the registration officer publishes a version of the register under section 13(1) or (3) of the 1983 Act (67) (“the full register”), he shall publish a version of the register under this regulation (“the edited register”).

(2) The edited register shall omit the names and addresses of any elector included in the full register if a request has been duly made in the form referred to in section 10(4) of the 1983 Act(68) or in accordance with regulation 27 by or on behalf of that elector for his name and address to be excluded from the edited register.

[F235(2A) The edited register shall omit all anonymous entries in the register, and any information relating to them.]

(3) In other respects the edited register shall be the same as the full register and shall include any marks or dates which are required to be recorded against the names of any electors.

(4) Notwithstanding the omission of names and addresses in accordance with paragraph (2), regulation 50 shall apply to the edited register as it applies to the full register.

(5) Unless the contrary intention appears, any reference in these Regulations to the register is to the full register.

(6) The manner in which each revised version of the edited register is to be published under this regulation is—

(a)by the registration officer making a copy of it available for inspection at his office; and

(b)by such other means (if any) as he thinks appropriate.

(7) Each revised version of the edited register shall be published until the coming into force of the next revised version of it.

Textual Amendments

General restrictionsN.I.

Restrictions on supply of full register and disclosure of information from it by the Chief Electoral Officer and his staffN.I.

94.—(1) This regulation applies to—

(a)the Chief Electoral Officer;

(b)any temporary deputy of his; and

(c)any person appointed to assist any such officer or who in the course of his employment is assigned to assist any such officer in his duties.

(2) Where the Chief Electoral Officer is also the counting officer at a referendum held by or under an Act of Parliament (and so has access to the full register without being supplied with a copy of it), this regulation also applies to—

(a)the Chief Electoral Officer in that capacity;

(b)any deputy counting officer;

(c)any person appointed to assist any such officer or who in the course of his employment is assigned to assist any such officer in his duties in respect of the referendum in question.

(3) No person to whom this regulation applies may—

(a)supply to any person a copy of the full register;

(b)disclose information contained in it (and not contained in the edited register); or

(c)make use of such information,

otherwise than in accordance with any enactment including these Regulations.

(4) Nothing in paragraph (3) applies to the supply or disclosure by a person to whom this regulation applies to another such person in connection with his registration duties or the purposes of an election or referendum.

Modifications etc. (not altering text)

Restriction on use of the full register or information contained in it supplied in accordance with any enactment or otherwise obtainedN.I.

95.—(1) This regulation applies to—

(a)any person to whom a copy of the full register has been supplied in pursuance of a relevant provision;

(b)any person to whom information contained in the full register has been disclosed in pursuance of a relevant provision;

(c)any person to whom a person referred to in sub-paragraph (a) or (b) has supplied a copy of the full register or information contained in it for the purposes (express or implied) of a relevant provision; and

(d)any person who has obtained access to a copy of the full register or information contained in it by any other means.

(2) In this regulation “relevant provision” means any enactment except these Regulations which sets out the purpose for which a copy of the full register is to be supplied or information from that register disclosed under the enactment.

(3) No person to whom this regulation applies (except by virtue of paragraph (1)(d)) may—

(a)supply a copy of the full register;

(b)disclose any information contained in it (and not contained in the edited register); or

(c)make use of such information,

other than for the purpose (express or implied) for which the copy was supplied or the information disclosed to the person in question under the relevant provision.

(4) No person to whom this regulation applies by virtue of paragraph (1)(d) may—

(a)supply a copy of the full register;

(b)disclose any information contained in it (and not contained in the edited register); or

(c)make use of such information,

other than for any purpose for which a copy could be supplied or information could be disclosed to the person in question under any enactment (including these Regulations).

Supply on publication and specific restrictionsN.I.

Supply of free copy of full register to the British LibraryN.I.

96.  The registration officer shall supply, free of charge on publication, one printed copy of—

(a)any revised version of the register published under section 13(1) or (3) of the 1983 Act; and

(b)any list of overseas electors,

to the British Library.

Supply of free copy of full register to deputy returning officer at local elections and restrictions on useN.I.

97.—(1) Not later than five days before the last date for the publication of the notice of election at a local election, the registration officer shall supply free of charge to the deputy returning officer (within the meaning of article 9(2) of the Electoral Law (Northern Ireland) Order 1972(69)) at that election as many printed copies of—

(a)the latest revised version of the register published under section 13(1) or (3) of the 1983 Act, as the case may be; and

(b)any notice setting out an alteration to that version of the register published under section 13A(2) or 13BA(3),(6) or (9) of that Act,

as the deputy returning officer may reasonably require for the purposes of the election, together with one copy in data form.

(2) No person to whom a copy of the register has been supplied under this regulation may—

(a)supply a copy of the full register;

(b)disclose any information contained in it (and not contained in the edited register); or

(c)make use of any such information,

other than for the purposes of the election.

(3) The restrictions in paragraph (2) apply to a person to whom a copy of the full register has been supplied in accordance with this regulation or to whom such information has been so disclosed as it applies to the person to whom a copy of the register has been so supplied.

Supply of free copy of full register etc to the Northern Ireland Statistics and Research Agency and restrictions on useN.I.

98.—(1) The registration officer shall supply, free of charge on publication, one copy of—

(a)any revised version of the register published under section 13(1) or (3) of the 1983 Act;

(b)any notice setting out an alteration to the register published under section 13A(2) or 13BA(3),(6) or (9) of that Act; and

(c)any list of overseas electors,

to the Northern Ireland Statistics and Research Agency (in this regulation referred to as “the Agency”).

(2) In paragraph (1) the duty to supply is a duty to supply in data form unless, prior to publication, the Agency has requested in writing a printed copy instead.

(3) No person employed by the Agency may—

(a)supply a copy of the full register other than to another such person;

(b)disclose any information contained in it (and not contained in the edited register) otherwise than in accordance with paragraph (4); or

(c)process or make use of any such information other than for statistical purposes.

(4) Such information may not be disclosed otherwise than—

(a)by allowing a person using the premises of the Agency to inspect it under supervision; and

(b)by publishing information about electors which does not include the name or address of any elector.

(5) A person who inspects the full register may not—

(a)make copies of any part of it; or

(b)record any particulars included in it,

otherwise than by means of hand-written notes.

Supply of free copy of full register etc to Electoral CommissionN.I.

99.—(1) The registration officer shall supply, free of charge and on publication, one copy of—

(a)any revised version of the register published under section 13(1) or (3) of the 1983 Act;

(b)any notice setting out an alteration to the register published under section 13A(2) or 13BA(3),(6) or (9) of that Act; and

(c)any list of overseas electors,

to the Electoral Commission (in this regulation referred to as “the Commission”).

(2) In paragraph (1) the duty to supply is a duty to supply in data form unless, prior to publication, the Commission has requested in writing a printed copy instead.

(3) Neither an Electoral Commissioner nor any employee of the Commission may—

(a)supply a copy of the full register otherwise than to an Electoral Commissioner or such an employee;

(b)disclose any information contained in it (and not contained in the edited register) otherwise than in accordance with paragraph (4); or

(c)make use of any such information otherwise than in connection with the Commission’s functions under, or by virtue of, the Political Parties, Elections and Referendums Act 2000(70).

(4) Neither the full register nor any such information may be disclosed otherwise than—

(a)where necessary to discharge the Commission’s functions in relation to Part 4 and Part 4A(71) of the Political Parties, Elections and Referendums Act 2000; or

(b)by publishing information about electors which does not include the name or address of any elector.

(5) In this regulation “Electoral Commissioner” includes a Deputy Electoral Commissioner and an Assistant Electoral Commissioner.

Supply of free copy of full register etc to Local Government Boundary Commissioner, the Boundary Commission and the District Electoral Areas Commissioner and restrictions on useN.I.

100.—(1) The registration officer shall supply, free of charge and on publication, one copy of each of the documents listed in paragraph (4) to the Boundary Commission for Northern Ireland.

(2) On the appointment of a Local Government Boundary Commissioner under section 50(1) or (4) of the Local Government Act (Northern Ireland) 1972(72), the registration officer shall supply to him free of charge one copy of each of the documents listed in paragraph (4).

(3) On the appointment of the District Electoral Areas Commissioner under article 2 or 3 of the District Electoral Areas Commissioner (Northern Ireland) Order 1984(73) the registration officer shall supply to him, free of charge one copy of each of the documents listed in paragraph (4).

(4) Those documents are—

(a)any revised version of the register published under section 13(1) or (3) of the 1983 Act;

(b)any notice setting out an alteration to the register published under section 13A(2) or 13BA(3),(6) or (9) of that Act; and

(c)any list of overseas electors.

(5) In paragraphs (1) to (3) the duty to supply is a duty to supply in data form unless—

(a)in the case of paragraph (1), prior to publication the Commission have, or

(b)in the case of paragraphs (2) and (3), prior to supply the Commissioner has,

requested in writing a printed copy instead.

(6) In paragraph (7) “a relevant person” means—

(a)a member of the Commission referred to in paragraph (1) or—

(i)a person employed by that Commission; or

(ii)a person appointed to assist that Commission to carry out their functions;

(b)the Commissioner referred to in paragraphs (2) or (3) or any person appointed to assist him.

(7) A relevant person may not—

(a)supply a copy of the full version of the register otherwise than to another relevant person;

(b)disclose any information contained in it (and not contained in the edited register) otherwise than by publishing information about electors which does not include the name and address of any elector;

(c)process or make use of any such information other than in connection with the statutory functions in question.

Supply on request and specific restrictionsN.I.

Supply of full register etc under regulations 102 to [F236107A]: general provisionsN.I.

101.—(1) The persons or organisations falling within regulations 102 to [F237107A] may request the registration officer to supply free of charge the relevant part (within the meaning of those regulations) of any of the following—

(a)a revised version of the register published under section 13(1) or (3) of the 1983 Act;

(b)any notice setting out an alteration to the register published under section 13A(2) or 13BA(3),(6) or (9) of that Act;

(c)a list of overseas electors.

(2) Such a request shall be made in writing and shall—

(a)specify the documents requested;

(b)subject to paragraph (5), state whether the request is made only in respect of the current documents or whether it includes a request for the supply of any subsequent document on publication for as long as the person making the request falls within the category of person entitled to receive such copies; and

(c)state whether a printed copy of any of the documents is requested instead of the version in data form.

(3) Unless a request has been made in advance of supply under paragraph (2)(c), the copy of a document supplied under this regulation shall be in data form.

(4) The registration officer shall supply the relevant part of the documents referred to in paragraph (1) in accordance with a request that has been duly made.

(5) A person falling within regulation 106 [F238or regulation 107A] may not make the request set out in paragraph (2)(b).

(6) A person who obtains a copy of any document under paragraph (4) may use it for any purpose for which that person would be entitled to obtain the document under this Part and any restrictions which apply under whichever of regulations 102 to [F239107A] entitles that person to obtain the document for that purpose shall apply to such use.

Textual Amendments

Supply of full register etc to elected representatives and restrictions on useN.I.

102.—(1) This regulation applies to—

(a)the Member of Parliament for any constituency in Northern Ireland;

F240(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)each Member of the Northern Ireland Assembly; and

(d)each councillor for a district electoral area in Northern Ireland.

(2) For the purposes of regulation 101(1) the relevant part of the documents listed in that provision—

(a)in the case of a Member of Parliament or of the Northern Ireland Assembly, is so much of them as relate to the constituency which he represents;

F241(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in the case of a councillor for a district electoral area, is so much of them as relate to that area.

(3) No person to whom this regulation applies who has been supplied with a copy of the register may—

(a)supply a copy of the full register to any person;

(b)disclose any information contained in it (and not contained in the edited register); or

(c)make use of any such information,

otherwise than for purposes in connection with the office by virtue of which he is entitled to the full register or for electoral purposes.

(4) The restrictions in paragraph (3) apply to a person to whom any of the full register has been supplied or information disclosed under that paragraph as they apply to the person to whom this regulation applies.

Textual Amendments

Supply of full register etc to holders of relevant elective offices and candidatesN.I.

103.—(1) This regulation applies to—

(a)the holder of a relevant elective office within the meaning of paragraph 1(8) of Schedule 7 to the Political Parties, Elections and Referendums Act 2000;

(b)a candidate at a parliamentary election or an election to the Northern Ireland Assembly.

(2) For the purposes of regulation 101(1), the relevant part of the documents listed in that provision is the whole of them.

(3) No person to whom this regulation applies who has been supplied with a copy of the register may—

(a)supply a copy of the full register to any person;

(b)disclose any information contained in it (and not contained in the edited register); or

(c)make use of any such information,

otherwise than for the purpose set out in paragraph (4).

(4) That purpose—

(a)in the case of a person falling within paragraph (1)(a), is complying with—

(i)the controls on donations contained in Schedule 7 to the Political Parties, Elections and Referendums Act 2000;

(ii)the controls on loans and regulated transactions in Schedule 7A to the Political Parties, Elections and Referendums Act 2000(74);

(b)in the case of a person falling within paragraph (1)(b), is complying with the controls on donations included in Schedule 2A to the 1983 Act(75), including that Schedule as applied for the purposes of elections to the Northern Ireland Assembly(76).

Supply of full register etc to local constituency parties and restrictions on useN.I.

104.—(1) This regulation applies to any person nominated to act for the purposes of this regulation for a particular constituency in Northern Ireland by the regional nominating officer (within the meaning of section 24 of the Political Parties, Elections and Referendums Act 2000) of a registered political party.

(2) Not more than one person for the same constituency may be nominated under paragraph (1) in respect of the same registered political party and constituency.

(3) In the case of a person to whom this regulation applies, the relevant part of the documents listed in regulation 101(1) is so much of them as relate to the constituency in question.

(4) No person to whom this regulation applies who has been supplied with a copy of the register may—

(a)supply a copy of the full register to any person;

(b)disclose any information contained in it (and not contained in the edited register); or

(c)make use of any such information,

otherwise than for electoral purposes or the purposes of electoral registration.

(5) The restrictions in paragraph (4) apply to a person to whom any of the full register has been supplied or information disclosed under that paragraph as they apply to the person to whom this regulation applies.

Supply of full register etc to registered political parties etc and restrictions on useN.I.

105.—(1) This regulation applies to—

(a)a registered political party other than a minor party, within the meaning of section 160(1) of the Political Parties, Elections and Referendums Act 2000;

(b)a recognised third party within the meaning of section 85(5) of that Act, other than a registered political party; and

(c)a permitted participant within the meaning of section 105(1) of that Act, other than a registered political party.

(2) In the case of the parties and participants to whom this regulation applies, the relevant part of the documents listed in regulation 101(1) is the whole of them.

(3) No person employed by, or assisting (whether or not for reward) a party or participant to which this regulation applies and to which a copy of the register has been supplied may—

(a)supply a copy of the full register to any person;

(b)disclose any information contained in it (and not contained in the edited register); or

(c)make use of any such information,

otherwise than for the purposes set out in paragraph (4).

(4) Those purposes are—

(a)in the case of a party falling within paragraph (1)(a) or (b)—

(i)electoral purposes; and

(ii)the purpose of complying with the controls on donations under Part 4 of or, as the case may be, Schedule 11 to, the Political Parties, Elections and Referendums Act 2000; and

(iii)the purpose of complying with the controls on loans and regulated transactions under Part 4A of the Political Parties, Elections and Referendums Act 2000; and

(b)in the case of a permitted participant within the meaning of section 105(1) of that Act—

(i)purposes in connection with the campaign in respect of the referendum identified in the declaration made by the participant under section 106 of that Act; and

(ii)the purposes of complying with the controls on donations in Schedule 15 to that Act.

(5) The restrictions in paragraph (3) apply to a person to whom any of the full register has been supplied or information disclosed under that paragraph as they apply to persons referred to in that paragraph.

Supply of full register etc to certain candidates and restriction on useN.I.

106.—(1) This regulation applies to a candidate at—

(a)a parliamentary F242... election in Northern Ireland;

(b)an election to the Northern Ireland Assembly; and

(c)a local election in Northern Ireland.

(2) For the purposes of regulation 101(1), the relevant part of the documents listed in that provision is so much of them as relate to the area for which the candidate is standing.

(3) No candidate to whom a copy of the register has been supplied by virtue of this regulation may—

(a)supply a copy of the full register to any person;

(b)disclose any information contained in it (and not contained in the edited register); or

(c)make use of any such information;

other than for electoral purposes.

(4) The restrictions in paragraph (3) apply to a person to whom any of the full register has been supplied or information disclosed under that paragraph as they apply to persons referred to in that paragraph.

Textual Amendments

Supply of full register etc to police forces and restrictions on useN.I.

107.—(1) This regulation applies to—

(a)a police force in Great Britain;

(b)the Police Service of Northern Ireland and the Police Service of Northern Ireland (Reserve);

(c)the Serious Organised Crime Agency;

F243(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)any body of constables established under an Act of Parliament

(2) For the purpose of regulation 101(1), the relevant part of the documents listed in that provision is the whole of them.

(3) No person serving whether as a constable, officer or employee in any of the forces and organisations to which this regulation applies may—

(a)supply a copy of the full register to any person;

(b)disclose any information contained in it (and not contained in the edited register); or

(c)make use of any such information,

otherwise than for the purpose of the prevention and detection of crime and the enforcement of the criminal law (whether in Northern Ireland or elsewhere).

(4) The restrictions in paragraph (3) apply to a person to whom any of the full register has been supplied or information disclosed under that paragraph as they apply to persons referred to in that paragraph.

Textual Amendments

[F244Supply of full register etc to a registered medical practitioner and restrictions on use.N.I.

107A.—(1) This regulation applies to a registered medical practitioner.

(2) For the purposes of regulation 101(1), the relevant part of the documents listed in that provision is so much of them as relate to the person (“A”) in respect of whom the registered medical practitioner’s request is made.

(3) No person to whom this regulation applies who has been supplied with a copy of the register may—

(a)supply a copy of the full register to any person;

(b)disclose any information contained in it (and not contained in the edited register); or

(c)make use of any such information,

otherwise than where it is necessary for medical purposes.

(4) The restrictions in paragraph (3) apply to a person to whom any of the full register has been supplied or information disclosed under that paragraph as they apply to a person to whom this regulation applies.

(5) In paragraph (3) “medical purposes” means the provision of medical care or treatment to A or a dependant of A.

(6) For the purposes of paragraph (5) a person is a dependant of A if he or she is—

(a)A’s spouse or civil partner;

(b)A’s child;

(c)A’s parent; or

(d)a person who relies on A to make arrangements for the provision of his or her care.]

Textual Amendments

Sale of edited and full register and specific restrictionsN.I.

Sale of edited registerN.I.

108.—(1) The registration officer shall supply a copy of the edited register to any person on payment of a fee calculated in accordance with paragraph (2).

(2) In the case of the register—

(a)in data form, the fee shall be at the rate of £20 plus £1.50 for each 1,000 entries (or remaining part of 1,000 entries) in it; and

(b)in printed form, the fee shall be at the rate of £10 plus £5 for each 1,000 entries (or remaining part of 1,000 entries) in it.

Sale of full register etc: restrictions on supply, charges, etcN.I.

109.—(1) The registration officer may not sell a copy of—

(a)the full register,

(b)any notice under section 13A(2) or 13BA(3),(6) or (9) of the 1983 Act altering the register (“a relevant notice”), or

(c)the list of overseas electors,

except to a person who is entitled under regulation 111 or 112 to purchase them.

(2) The fee for such sale is to be calculated in accordance with paragraphs (3) to (6).

(3) Where a person purchases the full register together with any relevant notices which are published at that time altering the register, the register and the notices shall be treated as the same document for the purposes of the calculations set out in paragraph (5); and any entry in the register which is deleted by a notice shall accordingly be ignored for the purposes of the calculation.

(4) Where a person purchases a relevant notice separately from the full register, the calculations set out in paragraph (5) shall be applied to that notice.

(5) Subject to paragraph (3), in the case of the register or a relevant notice—

(a)in data form, the fee shall be at the rate of £20 plus £1.50 for each 1,000 entries (or remaining part of 1,000 entries) in it; and

(b)in printed form, the fee shall be at the rate of £10 plus £5 for each 1,000 entries (or remaining part of 1,000 entries) in it.

(6) In the case of the list of overseas electors—

(a)in data form, the fee shall be at the rate of £20 plus £1.50 for each 100 entries (or remaining part of 100 entries) in it; and

(b)in printed form, the fee shall be at the rate of £10 plus £5 for each 100 entries (or remaining part of 100 entries) in it.

(7) In any copy of the full register which is sold in accordance with regulation 111 or 112, the letter “Z” shall be placed against the [F245entry] of any person whose [F245entry] is not included in the edited version of the register.

Textual Amendments

Sale of full register etc: general provisionsN.I.

110.—(1) This regulation applies in respect of the supply on payment of a fee of copies of relevant documents in accordance with regulation 111 or 112.

(2) The registration officer shall not supply a printed copy of the full register under those regulations if to do so would result in his having insufficient copies of it for the purposes of any requirement made by or under any enactment.

(3) In those regulations “the relevant restrictions” means the restrictions set out in paragraphs (4) and (5).

(4) No person in a body to which a copy of the register has been supplied under regulations 111 or 112 may—

(a)supply a copy of the full register to any person;

(b)disclose any information contained in it (and not contained in the edited register); or

(c)make use of any such information,

other than for the purpose set out in the regulation by virtue of which the full register has been supplied.

(5) The restrictions in paragraph (4) apply to a person to whom a copy of the full register has been supplied in accordance with regulation 111 or 112 or to whom such information has been so disclosed as it applies to a person in the body to which the copy of the full register was supplied under the regulation in question.

(6) In this regulation and regulations 111 and 112, “a relevant document” means—

(a)the full register published under section 13(1) or (3) of the 1983 Act;

(b)any notice published under section 13A(2), 13BA(3),(6) or (9) of that Act amending it; and

(c)the list of overseas electors.

(7) A request to purchase a relevant document must be made in writing and must—

(a)specify the documents requested;

(b)state whether the request is made only in respect of the current documents or whether it includes a request for the supply of any subsequent documents on publication for as long as the person making the request pays for them; and

(c)state whether a printed copy of any document is required instead of the version in data form.

Sale of full register etc to government departmentsN.I.

111.—(1) Subject to regulation 110(2), the registration officer shall supply on request and on payment of a fee calculated in accordance with regulation 109 a copy of a relevant document to a government department.

(2) Where a relevant document is supplied under paragraph (1), the relevant restrictions apply except for the purpose of—

(a)the prevention and detection of crime and the enforcement of the criminal law (whether in Northern Ireland or elsewhere);

(b)the vetting of employees and applicants for employment; and

(c)supply and disclosure in accordance with paragraph (3).

(3) A government department may supply (whether or not on payment) a copy of the full register to a person (“an authorised person”) so that he may disclose information contained in it in accordance with paragraph (5).

(4) In this regulation any reference to an authorised person includes a reference to his employees.

(5) Information contained in the full register (and not contained in the edited register) may not be disclosed by an authorised person except to any person falling within regulations 102 to 106 for use for the purpose for which the person in question could obtain the full register under the regulation concerned.

(6) The restrictions in regulations 102 to 106 apply to a person to whom such information is disclosed under paragraph (5) as they apply to a person to whom any of those regulations applies.

[F246(7) In this regulation “government department” includes a Northern Ireland department.]

Textual Amendments

Sale of full register etc to credit reference agenciesN.I.

112.—(1) Subject to regulation 110(2), the registration officer shall supply on request and on payment of a fee calculated in accordance with regulation 109 a copy of a relevant document to [F247a person who has permission under the Financial Services and Markets Act 2000 to furnish persons with information relevant to the financial standing of other persons] and which is carrying on the business of providing credit reference services.

(2) Where a relevant document is supplied under paragraph (1), the relevant restrictions apply except for the purposes set out in paragraph (3).

(3) Those purposes are:

(a)vetting applications for credit or applications that can result in the giving of credit;

(b)meeting any obligation contained in—

(i)the Money Laundering Regulations 2003(77);

(ii)any regulations amending or replacing those Regulations; or

(iii)any rules made under section 146 (money laundering rules) of the Financial Services and Markets Act 2000(78); and

(c)statistical analysis of credit risk assessment in a case where no person included in the register is referred to by name or necessary implication.

(4) In this regulation—

“application for credit” includes an application to refinance or reschedule an existing credit agreement;

“credit” includes a cash loan and any other form of financial accommodation; and

“credit reference services” means the furnishing of persons with information relevant to the financial standing of individuals, which is information collected by the person furnishing it for the purpose of so furnishing it.

[F248(5) Paragraph (1) must be read with—

(a)section 22 of the Financial Services and Markets Act 2000,

(b)any relevant order under that section, and

(c)Schedule 2 to that Act.]

Textual Amendments

F247Words in reg. 112(1) substituted (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), art. 1(2)(6), Sch. para. 37(a)

[F249Supply to assist the registration officer to meet the relevant registration objectivesN.I.

Textual Amendments

Supply of additional elector information to the Northern Ireland Statistics and Research AgencyN.I.

112A.—(1) The registration officer may supply additional elector information to the Agency.

(2) In this regulation—

“the Agency” means the Northern Ireland Statistics and Research Agency;

“additional elector information” means information relating to an elector’s date of birth or nationality or both, but does not include information which was only obtained by the registration officer pursuant to a request under regulation 41;

“relevant registration objectives” has the meaning given in section 10ZB of the 1983 Act.

(3) No person employed by the Agency may—

(a)supply a copy of the additional elector information other than to another such person;

(b)disclose any information contained in the additional elector information (and not contained in the edited register) otherwise than by publishing information about electors which does not include the date of birth or nationality of any elector;

(c)process or make use of the additional elector information other than for statistical purposes or for the purpose of assisting the registration officer to meet the relevant registration objectives.

(4) The restrictions in paragraph (3) apply to a person to whom any of the additional elector information has been supplied or information disclosed under that paragraph as they apply to a person to whom this regulation applies.]

Supply to processor and offencesN.I.

Supply of register to processorN.I.

113.—(1) In this Part, “processor” means a person who provides a service which consists of putting information into the form of data or processing information in such a form and any reference to a processor includes a reference to his employees.

(2) Any person who has obtained a copy of the full register under any of regulations 99, 100, 102, 104, 105, 107, 111 and 112 may supply a copy of the full register to a processor.

(3) A processor must not supply a copy of the full register or disclose information contained in it (and not contained in the edited register) except to—

(a)the person who supplied the register to him, or

(b)any person who is entitled to obtain a copy of the full register under this Part or the employee of such a person.

Offences in respect of contravention of [F250Part 3 or] Part 6N.I.

114.—(1) A person is guilty of an offence—

(a)if he contravenes any of the provisions specified in paragraph (2), or

(b)if he is an appropriate supervisor of a person (P) who fails to comply with any of those provisions and he failed to take appropriate steps.

(2) Those provisions are regulations [F25153B(3), 53C(3),] 94(3), 95(3) and (4), 97(2) and (3),98(3) and (5), 99(3)and (4), 100(7), 102(3) and (4), 103(3), 104(4) and (5), 105(3) and (5), 106(3) and (4), 107(3) and (4), 110(4) and (5), 111(5) and (6) [F252, 112A(3)] and 113(3).

(3) P is not guilty of an offence under paragraph (1) if—

(a)he has an appropriate supervisor, and

(b)he has complied with all the requirements imposed on him by his appropriate supervisor.

(4) A person who is not P or an appropriate supervisor is not guilty of an offence under paragraph (1) if he takes all reasonable steps to ensure that he complies with the provisions specified in paragraph (2).

(5) In paragraphs (1)(b) and (3)—

(a)an appropriate supervisor is a person who is a director of a company or concerned in the management of an organisation in which P is employed or under whose direction or control P is;

(b)appropriate steps are such steps as it was reasonable for the appropriate supervisor to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of a failure to comply with the provisions in paragraph (2).

(6) A person guilty of an offence as mentioned in paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Textual Amendments

PART 6AN.I.[F253Supply of date of birth lists to police and pursuant to a court order

Textual Amendments

Interpretation of Part 6A N.I.

114A.—(1) In this Part, “date of birth list” means a list prepared under rule 19B(1) of the elections rules (lists of electors’ and proxies’ dates of birth) and includes any part of such a list.

(2) Subject to any direction of the Secretary of State under section 52(1) of the 1983 Act, any duty on the Chief Electoral Officer for Northern Ireland to supply a date of birth list imposes only a duty to provide the list in the form in which the Chief Electoral Officer holds it.

Supply of date of birth lists to police forces and restrictions on use N.I.

114B.—(1) The Chief Electoral Officer for Northern Ireland must, on receipt of a written request from a police force for a date of birth list—

(a)if the request was for a copy of a date of birth list in printed form, provide the police force with a printed copy of the list specified in the request;

(b)if the request was for a date of birth list in data form, provide the police force with the data form of the list specified in the request.

(2) No person serving whether as a constable, officer or employee in a police force may—

(a)supply a date of birth list, or a copy of such a list, to any person,

(b)disclose any information contained in a date of birth list, or

(c)make use of any such information,

otherwise than for the purpose of the prevention and detection of crime and the enforcement of the criminal law (whether in Northern Ireland or elsewhere).

(3) The restrictions in paragraph (2) apply to a person—

(a)to whom a date of birth list (or copy) has been supplied under that paragraph, or

(b)to whom information in such a list has been disclosed under that paragraph,

as they apply to the persons referred to in that paragraph.

(4) In this regulation—

(a)“police force” means—

(i)the Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve,

(ii)a police force in Great Britain,

(iii)the National Crime Agency, or

(iv)any body of constables established under an Act of Parliament;

(b)the reference to an employee in a police force includes—

(i)any person working or providing services for the police force, and

(ii)any person employed by or on behalf of, or working for, a person referred to in sub-paragraph (i).

Court orders for production of date of birth lists N.I.

114C.—(1) The High Court, a county court or an election court may make an order for the inspection or production of a date of birth list, if satisfied by evidence on oath that the order is required for the purposes of—

(a)instituting or maintaining a prosecution in relation to an election, or

(b)an election petition.

(2) An order under paragraph (1) may be made subject to conditions, including conditions relating to—

(a)the persons who may inspect the list or to whom the list may be produced,

(b)the time of inspection or production, and

(c)the place and mode of inspection or production.

(3) An appeal lies to the High Court from any order of a county court under paragraph (1).

(4) A power to make an order under paragraph (1)—

(a)in the case of a power of the High Court, may be exercised by any judge of the court otherwise than in open court, and

(b)in the case of a power of a county court, may be exercised in such manner as may be provided by rules of court.

(5) Where an order is made for the production of a date of birth list relating to a specified election, the production of the list in the manner directed by the order is to be conclusive evidence that the list relates to the specified election.

(6) A third party who has inspected a date of birth list or to whom a date of birth list has been produced pursuant to an order under paragraph (1) may not—

(a)supply the list, or a copy of it, to any person,

(b)disclose any information contained in it, or

(c)make use of any such information,

otherwise than for the purposes of the proceedings in relation to which the order was made(15).

(7) The restrictions in paragraph (6) apply to a person—

(a)to whom a date of birth list (or copy) has been supplied under that paragraph, or

(b)to whom information in such a list has been disclosed under that paragraph,

as they apply to the third party to whom the list was first supplied.

(8) In this regulation, “third party” means a person other than a person to whom the Chief Electoral Officer for Northern Ireland may delegate functions.]

PART 7N.I.ACCESS TO MARKED REGISTERS AND OTHER DOCUMENTS OPEN TO PUBLIC INSPECTION AFTER AN ELECTION

Interpretation of Part 7N.I.

115.—(1) In this Part references to the “marked register or lists” means any part of the marked copies of—

(a)the full register;

(b)the postal voters list;

(c)the list of proxies; and

(d)the proxy postal voters list,

retained by the Chief Electoral Officer under rule 57(1A) of the elections rules(79).

(2) For the purposes of this Part any period of days shall be calculated in accordance with regulation 61(5).

(3) Paragraphs (2) and (3) of regulation 92, and the condition in paragraph (3) of regulation 113 shall be taken to apply to the supply and processing of information supplied under this Part as they apply to the supply and processing of the full register under Part 6.

(4) Subject to any direction by the Secretary of State under section 52(1) of the 1983 Act, any duty on a Chief Electoral Officer for Northern Ireland to supply records or lists or make them available for inspection under this Part imposes only a duty to provide that information in the form in which he holds it.

Modifications etc. (not altering text)

Supply of marked registers and lists after an electionN.I.

116.—(1) Any person entitled to be supplied, in accordance with regulation 99, 102, 104, 105, 106, 107 or 111, with copies of the full register at a particular parliamentary or local government election is also a person entitled, subject to this regulation and to regulation 118, to request that the Chief Electoral Officer for Northern Ireland supply copies of the relevant part (within the meaning of those regulations) of the marked register or lists he is required to keep.

(2) A person whose entitlement to request copies of the marked register or lists under paragraph (1) arises from his being in a category of persons to whom regulation 102, 104, 105 or 106 applies before a particular election, shall be entitled to request those documents regardless of whether he remains in an entitled category after that election.

(3) A request under paragraph (1) shall be made in writing and shall—

(a)specify which of the marked register or lists (or the relevant part of the register or lists) are requested;

(b)state whether a printed copy of the records or lists is requested or a copy in data form;

(c)state the purpose for which the marked register or lists will be used and why the supply or purchase of a copy of the full register or unmarked lists would not be sufficient to achieve that purpose.

(4) The Chief Electoral Officer for Northern Ireland shall supply a copy of the relevant part of the marked register or lists where a request is duly made and—

(a)he is satisfied that the requestor needs to see the marks on the marked register or lists in order to achieve the purpose for which it is requested; and

(b)he has received payment of a fee calculated in accordance with regulation 119.

(5) If the Chief Electoral Officer for Northern Ireland is not satisfied as mentioned in paragraph (4)(a) he may treat the request for a marked register or list as a request for information in unmarked lists under regulation 66 or for the published copy of the full register in accordance with regulation 110, or both.

(6) A person who obtains a copy of any part of a marked register or list under this regulation may use it only for the permitted purpose specified in paragraph (2) of regulation 118, and any conditions—

(a)specified in that paragraph; or

(b)which would apply to the use of the full register under whichever of regulations 99,102,104,105, 106,107 or 111 entitled that person to obtain that document,

shall apply to such use.

(7) The conditions referred to in paragraph (6) apply to a person to whom the marked register or lists, or any information contained in it (that is not contained in the edited register) has been supplied or disclosed under those paragraphs as they apply to the person to whom those regulations apply.

(8) Any person who has obtained or is entitled to obtain a copy of the marked register or lists under this regulation may—

(a)supply a copy of the marked register or lists to a processor for the purpose of processing the information contained therein, or

(b)procure that a processor processes and supplies to them any copy of the information in the marked register or lists which the processor has obtained under this regulation,

for use in respect of the purposes for which that person is entitled to obtain such copy or information (as the case may be).

Modifications etc. (not altering text)

Inspection of documents open to public inspectionN.I.

117.—(1) Any person is entitled to request that the Chief Electoral Officer for Northern Ireland make available for inspection a copy of any of the following documents (referred to in this regulation and in regulation 118 as “the documents open to public inspection”)—

(a)the marked register or lists;

(b)such other documents relating to an election as the Chief Electoral Officer for Northern Ireland is required by or under any enactment to retain for any period [F254, except the documents specified in paragraph (1A).]

[F255(1A) The specified documents are—

(a)ballot papers,

(b)completed corresponding number lists,

(c)certificates of employment on the day of the election, and

(d)the list compiled in accordance with regulation 84H(1) and any extracts produced from that list.]

(2) A request under paragraph (1) shall be made in writing and shall specify—

(a)which documents are requested;

(b)the purpose for which the information in any document will be used,

(c)where the request is to inspect the marked register or lists, any reason why inspecting the full register or unmarked lists would not be sufficient to achieve that purpose,

(d)who will inspect the documents,

(e)the date on which they wish to inspect the documents, and

(f)whether they would prefer to inspect the documents in a printed or data form.

(3) Subject to paragraph (4), the Chief Electoral Officer for Northern Ireland shall make the documents open to public inspection available for inspection under supervision not later than 10 days after the date of receipt of a request that has been duly made.

(4) Where a request has been made to inspect copies of the marked register or lists under paragraph (2) and the Chief Electoral Officer for Northern Ireland is not satisfied that the purposes of the requestor cannot be met by inspection of the full register, he shall inform the requestor—

(a)of his decision under this paragraph, and

(b)provide the requestor with information concerning the availability of the published full register for inspection in accordance with regulation 52.

(5) A person who obtains a copy of or information in any document open to public inspection under this regulation may use it only for the permitted purposes specified in regulation 118, and any conditions—

(a)specified in that regulation,

(b)specified in paragraph (7), or

(c)which would apply to the use of the full register under regulation 107 where such a person has obtained a copy of that document under paragraph (8),

shall apply to such use.

(6) Where inspection takes place by providing the records or lists on a computer screen or otherwise in data form, the Chief Electoral Officer for Northern Ireland shall ensure that the manner in, and equipment on which that copy is provided do not permit any person consulting that copy to—

(a)search it by electronic means by reference to the name of any person; or

(b)copy or transmit any part of that copy by electronic, or any other means.

(7) Subject to paragraph (8) a person who inspects a copy of a document open to public inspection, whether a printed copy or in data form, may not—

(a)make copies of any part of it, or

(b)record any particulars in it,

except that a person who inspects a copy of the marked register or lists may make hand-written notes.

(8) The Chief Electoral Officer for Northern Ireland shall on request, supply free of charge copies of any documents open to public inspection, to a person who has inspected those documents and who is entitled to be supplied with a copy of the marked register or lists by virtue of being a person to whom regulation 107 applies.

Textual Amendments

Modifications etc. (not altering text)

Conditions on the use, supply and disclosure of documents open to public inspectionN.I.

118.—(1) Subject to paragraphs (2) and (3) the restrictions on the supply, disclosure and use of information in regulations 94 and 95 shall apply to the documents open to public inspection as they apply to the full register.

(2) Where a person—

(a)obtains copies of the information in the marked register or lists in accordance with regulation 116(1); or

(b)a person inspects information in accordance with regulation 117(1),

the permitted purpose shall mean either [F256purposes mentioned in Article 89(1) of the [F257UK GDPR] (archiving in the public interest, scientific or historical research and statistics)] or electoral purposes.

(3) Where a copy of any information was supplied in the circumstances to which regulation 117(8) applies, the permitted purpose means the purposes set out in regulation 107(3).

[F258(4) In this regulation, “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018.]

Textual Amendments

Modifications etc. (not altering text)

Fees relating to the supply of marked registers and listsN.I.

119.  The formula used for the purpose of calculating the fee that shall be paid to the Chief Electoral Officer for Northern Ireland by a requestor prior to their being supplied with copies of the marked register or lists (or any relevant part those documents) under paragraph (3) of regulation 116 shall be the same as for calculation of the fee for sale of the full register and notices, set out in paragraph (5) of regulation 109.

Modifications etc. (not altering text)

Paul Goggins

Minister of State

Northern Ireland Office

30th June 2008

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Explanatory Memorandum

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