The Representation of the People (Northern Ireland) Regulations 2008

PART 1 N.I. GENERAL, INTERPRETATION AND MISCELLANEOUS

Citation, commencement and extent N.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.

Revocations N.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.

Interpretation N.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;

“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);

[F1 “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;

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

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

“European Parliamentary overseas elector” means a peer who has made a European Parliamentary overseas elector’s declaration and is registered or is entitled to be registered in pursuance of it;

“European Parliamentary overseas elector’s declaration” means a declaration made in pursuance of section 2 of the 1985 Act, as applied by regulation 14 of, and Schedule 4 to, these Regulations;

“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;

“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;

“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; F2 ...

“registration officer” means the electoral registration officer;

[F3 “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

F1 Words in reg. 3 inserted (15.9.2014) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2014 (S.I. 2014/1808), regs. 1(1), 2

F2 Words in reg. 3(1) omitted (31.5.2018) by virtue of The Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2018 (S.I. 2018/699), regs. 1(2), 10(a)

F3 Words in reg. 3(1) inserted (31.5.2018) by The Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2018 (S.I. 2018/699), regs. 1(2), 10(b)

Modifications etc. (not altering text)

C1 Reg. 3 applied (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 67(a)

Forms N.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)

C2 Reg. 4 applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 68

Communication of applications, notices etc. N.I.

5.  The requirement in these Regulations that any application, notice, [F4 reminder,] [F5 representation, 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.

Textual Amendments

F4 Word in reg. 5 inserted (31.5.2018) by The Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2018 (S.I. 2018/699), regs. 1(2), 11(1)(a)

F5 Words in reg. 5 substituted (31.5.2018) by The Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2018 (S.I. 2018/699), regs. 1(2), 11(1)(b)

Modifications etc. (not altering text)

C3 Reg. 5 applied (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 67(b)

Electronic signatures and related certificates N.I.

6.—(1) A requirement in these Regulations for an application (other than an application under regulation 13 F6 ... 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

F6 Word in reg. 6(1) omitted (31.5.2018) by virtue of The Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2018 (S.I. 2018/699), regs. 1(2), 15(1)

Modifications etc. (not altering text)

C4 Reg. 6 applied (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 67(c)

Copies of documents N.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.

Time N.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)

C5 Reg. 8 applied (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 67(d)

[F7 Official poll card and postal poll card at parliamentary elections N.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

F7 Reg. 9 substituted (15.9.2014) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2014 (S.I. 2014/1808), regs. 1(1), 3

Return and declaration of election expenses N.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)

C6 Reg. 11 applied (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 67(e)

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

12.—(1) The device referred to in rule 29(3A)(b) of the elections rules(11) shall be of the description set out in this regulation.

(2) The device must be capable of being attached firmly to a ballot paper and of being removed from it after use without damage to the paper.

(3) On the right-hand side of the device there shall be tabs of equal size which satisfy the conditions in paragraphs (4) to (7).

(4) The tabs shall be capable of being positioned on the ballot paper so that each one is above one of the spaces to the right of the particulars of the candidates on which the vote is to be marked (“the relevant space”).

(5) Each tab shall be numbered so that, when the device is positioned over a ballot paper, the number of each tab corresponds to that of the candidate whose particulars are to the left of the relevant space covered by the tab in question.

(6) Each number on a tab shall be in raised form so that it can be clearly identified by touch.

(7) Each tab shall be capable of being lifted so as to reveal the relevant space and so that there is sufficient room to allow a voter to mark a cross on that space.

Applications for an electoral identity card N.I.

13.—(1) A person may apply for an electoral identity card under section 13C(12)) 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.

Registration of European parliamentary overseas electors N.I.

14.—(1) A peer who, apart from the requirement of registration, is entitled by virtue of section 3 of the 1985 Act(13) to vote as an elector at a European parliamentary election in the electoral region of Northern Ireland is entitled to be registered in a register under section 3 of that Act, prepared and published by the registration officer in accordance with this regulation and the provisions applied by it.

(2) It is the duty of the registration officer appointed under section 8(4) of the 1983 Act to—

(a) prepare and publish a register under section 3 of the 1985 Act (which under subsection (7) of that section shall so far as practicable be combined with the register of parliamentary and local electors) in respect of any year for which any peer to whom paragraph (1) applies is entitled to be registered; and

(b) to take reasonable steps to obtain information required by him for that purpose.

(3) The provisions of the 1983 Act and the 1985 Act which are set out in column 1 of Schedule 4 to these Regulations shall, subject to—

(a) any modifications and exceptions specified in relation to those provisions in column 2 of the Schedule, and

(b) paragraph (4),

apply for the purposes of the registration of peers who (subject to the requirement of registration) are entitled to vote at a European parliamentary election as they apply for the purpose of the registration of parliamentary electors.

(4) Unless the context otherwise requires, in the provisions applied by Schedule 4 to these Regulations—

(a) any reference to an overseas elector’s declaration shall be construed as a reference to a European Parliamentary overseas elector’s declaration;

(b) any reference to a constituency shall be construed as a reference to the electoral region of Northern Ireland;

(c) any reference to a register of parliamentary electors shall be construed as a reference to a register kept under section 3 of the 1985 Act and any reference to the register of local electors shall be disregarded; and

(d) any reference to a provision which is also applied by Schedule 4 to these Regulations shall be construed as a reference to such a provision as so applied.

(5) Regulations 3, 5 to 8, 11, 20 to 24, 26, 28 to 40, 44(2), 47 to 52 and 53 shall apply to a European Parliamentary overseas elector’s declaration and registration in pursuance of it as they apply to an overseas elector’s declaration and registration in pursuance of it.

(6) For the purposes set out in paragraph (5), those regulations shall, unless the context otherwise requires, have effect as if—

(a) any reference to a parliamentary elector is a reference to a peer entitled to vote at a European Parliamentary election under section 3 of the 1985 Act;

(b) any reference to an overseas elector is a reference to a European Parliamentary overseas elector;

(c) any reference to an overseas elector’s declaration is a reference to a European Parliamentary overseas elector’s declaration; and

(d) any reference to a provision which is applied by Schedule 4 to these Regulations is a reference to that provision as so applied.

(7) A register under section 3 of the 1985 Act may be published by means of a notice making additions to the registers of parliamentary electors and of local electors with which it must be combined.

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

15.  Rule 37(1E) of the elections rules(14) 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.”.

(1)

1962 c.14 (N.I.).

(2)

1985 c.50.

(3)

1989 c.3.

(4)

2000 c.2.

(5)

2002 c.13.

(6)

Section 118A was inserted by section 135(2) of the Political Parties, Elections and Referendums Act 2000 (c.41).

(7)

2006 c.33.

(8)

Schedule 1 has been amended by Schedule 3 to the 2000 Act, section 7 of the 2002 Act and Schedule 4 to the Miscellaneous Provisions Act.

(9)

Sections 13A and 13B were substituted by Schedule 1 to the 2000 Act and section 13BA was inserted by section 6 of the Miscellaneous Provisions Act.

(10)

1971 c.80.

(11)

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

(12)

Section 13C was inserted by section 4 of the 2002 Act.

(13)

Sections 2 and 3 were substituted by Schedule 2 to the 2000 Act.

(14)

Rule 37 of the elections rules was substituted for England, Wales and Scotland by section 47 of, and paragraph 75 of Schedule 1 to, the Electoral Administration Act 2006. However, this substitution did not extend to Northern Ireland (see paragraph 75(2) of Schedule 1 to the 2006 Act). Paragraphs (1A) to (1G) were inserted for Northern Ireland by section 1 of the Elections (Northern Ireland) Act 1985 (c.2). Sub-paragraph (IE)(a) was substituted, and sub-paragraphs (1E)(c) to (g) were repealed, by S.I.2003/1156. Sub-paragraphs (1E)(f) and (g) were substituted for Northern Ireland by regulation 14 of S.I.2001/400. Sub-paragraph (1E)(h) was inserted in relation to Northern Ireland by section 4 of the Electoral Fraud (Northern Ireland) Act 2002 (c.13). Sub-paragraph (1E)(i) was inserted in relation to Northern Ireland by S.I.2002/1873. In paragraph (1E) from the words “in sub-paragraph (a)” to “being in force” were substituted by S.I.2003/1156.