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The Representation of the People (Northern Ireland) Regulations 2008

Changes over time for: Cross Heading: Overseas elector’s declarations

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Point in time view as at 16/01/2024.

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The Representation of the People (Northern Ireland) Regulations 2008, Cross Heading: Overseas elector’s declarations is up to date with all changes known to be in force on or before 30 September 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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Overseas elector’s declarationsN.I.

[F1Contents 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.

F221.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Attestation of certain overseas electors’ declarationsN.I.

F322.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 [F4section 1A] of the 1985 Act, he shall so notify the declarant [F5in 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 [F6section 1A] of the 1985 Act, or

(b)the declaration does not satisfy the requirements of [F7section 1C] of the 1985 Act or regulation 20 F8..., F6...

F9(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10the registration officer must notify the declarant in writing and set out their reasons for rejecting the application.]

F11(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F12Reminders 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(1), 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

(1)

Sections 14 and 15 were amended by Schedule 1 to the 2000 Act; section 14 was amended by section 261(1) of, and paragraph 80 of Schedule 27 to, the Civil Partnership Act 2004 (c.33) and section 15(5)(a) was amended by S.I.1995/1948, section 15(2)(aa) was inserted by section 12(7) of the 2006 Act and subsections (9) to (12) were inserted by section 13 of that Act.

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