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The Representation of the People (Northern Ireland) Regulations 2008

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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 [F1except 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) [F2or 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.

[F3(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) [F4or 13BC] of the 1983 Act, the additional supporting material is [F5such of the material as is prescribed in regulations 25A to 25C] as the registration officer may require.

F6(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(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; F7...

(f)a statement issued by a bank or building society in relation to a mortgage [F8; 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)

[F9Regulation 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(1);

(iv)an electoral identity card issued under section 13C(1) of the 1983 Act(2);

(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(3);

(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(4);

(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 [F10, 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).

  

F11(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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(7);

(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 [F12in 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; [F13or]

(b)a declaration of local connection; F14...

F14(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Subject to paragraph (4), the registration officer shall, during the relevant period, send a person to whom this regulation applies a reminder [F15in 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;

[F16(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

[F17Reminders 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 [F18in 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(5)(“an application for registration”) shall, in addition to the requirements of section 10A(1A) and 13A(2A) of that Act(6), state—

(a)the applicant’s full name;

(b)[F19except 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;

[F20(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;

[F21(caa)in the case of [F22a relevant EU applicant], 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;]

F23(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; F24...

(f)in the case of an applicant [F25whose 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 [F26, and

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

[F27(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.]

[F28(1AA) In paragraph (1)(caa), “relevant EU applicant” means an applicant—

(a)who is a citizen of a member State, and

(b)who is not, or is not also—

(i)a citizen of a member State listed in Schedule 6A to the 1983 Act,

(ii)a qualifying Commonwealth citizen, or

(iii)a citizen of the Republic of Ireland.]

[F29(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.

[F30(3) An application for registration [F31which 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)[F32the applicant believes the matters stated in the application and any accompanying declaration to be true.]

[F33(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.]

[F34(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 F35... and dated F36....

[F37(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.]

F38(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.

[F39(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 [F40in 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.

[F41(10) Paragraphs [F42(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

[F43Overseas 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)(12), 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(13).

(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)(14) and section 7A of the 1983 Act (residence: persons remanded in custody etc.)(15) 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)(16), 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(17);

(c)regulations 26B(6) and (6ZA) and 56C(5A) and (6) of the Representation of the People (Scotland) Regulations 2001(18);

(d)paragraph 16C(5) of Schedule 2 to the Police and Crime Commissioner Elections Order 2012(19);

(e)regulation 72B(5A) and (6) of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016(20);

(f)regulation 7(6) of the Voter Identification Regulations 2022(21).

(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(22);

(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

[F44[F45Processing of information provided in connection with an application for registration]N.I.

27A.—[F46(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

[F47(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.]

[F48(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.—[F49(1)] [F50An 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 [F51to which the entry relates] or objection has been determined by the registration officer.

F52(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 [F53and (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).

[F54(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 [F55request 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) [F56Subject 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.

[F57(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 [F58in 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 [F59in 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 [F60in 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 [F61in 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.

F62(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 [F63in 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 (8).

(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,(9) and

(ii)section 2(2)(aa) of the 1985 Act(10);

(b)determining under section 10A(5)(b) of the 1983 Act(11) 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(12).

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;

[F64(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

[F65“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.

[F66(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.

[F67(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 [F68in 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)

[F69Anonymous registration: applications and declarationsN.I.

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

(a)the applicant’s full name,

[F70(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)

C3Reg. 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)

C4Reg. 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 [F71or 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; F72...

(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;

[F73(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)

C5Reg. 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 [F74inspector] of the Police Service of Northern Ireland;

(b)a police officer of or above the rank of [F75inspector] of any police force in England and Wales;

(c)a police officer of or above the rank of [F76inspector] 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;

[F77(l)any registered medical practitioner;

(m)any registered nurse or midwife;

(n)any person who manages a refuge.]

[F78(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)

C6Reg. 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(8) 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 [F79in 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 [F80in 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)

C7Reg. 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(13);

(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.

[F81(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)(14) 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 [F82any of the purposes mentioned in paragraph 1A(1)] of Schedule 2 to the 1983 Act(15)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; F83...

(b)inform the registration officer that the information requested is not held by that authority or person; F84...

(c)request further time for the location of that information [F85; 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.]

[F86(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(16).

[F87(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;

[F88(c) the Regional Business Services Organisation];

(d)the Department for Work and Pensions;

[F89(da)the Northern Ireland Office;]

(e)secondary schools within the meaning of article 2 of the Education and Libraries (Northern Ireland) Order 1986(17); F90...

[F91(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 [F92any 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)

[F93Verification of information provided in an applicationN.I.

42A.—(1) In the case of [F94a 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 [F94a 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.

[F95(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.

[F96(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 [F97any 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(18) 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) [F98, ] 13BA(3), (6) or (9) [F99or 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.

[F100(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 [F101in 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 [F102has notified the Northern Ireland registration officer that the applicant] no longer resides in his area.

[F103(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.

F10446A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F105Retention 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—

[F106“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(19) (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 [F107section 1C(2)(a)(i), (3)(a)(i) or (4)] of the 1985 Act(20).

(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(21).

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.

[F108Anonymous 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) [F109Paragraphs [F110(3A),] (5) and (6)] specify the marks to appear against a person’s [F111entry] in the register to indicate that he is registered in one or more [F112of 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 [F111entry] in the register of electors, this indicates that he is registered in the registers of parliamentary and local electors.

F113(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F114(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.]

F115(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 [F111entry].

(6) To indicate that an overseas elector is registered only in the register of parliamentary electors, the letter “F” shall be placed against his [F111entry].

F116(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(22) 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 [F117and maintain] a list of the names of each person [F118(P)] who appears to him to be entitled to be registered in pursuance of an overseas elector’s declaration (“the list of overseas electors”) F119....

[F120(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.]

[F121(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 [F122who do not have an anonymous entry] shall be listed in alphabetical order [F123, 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.

F124(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F125Record 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)

C13Reg. 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)

C14Reg. 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;

F126(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)

C15Reg. 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)

C16Reg. 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))

(1)

Section 1 of the 1985 Act was substituted by Schedule 2 to the 2000 Act.

(2)

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

(3)

The Department was so named by the Departments (Northern Ireland) Order 1999 (S.I.1999/283 (N.I.1)).

(5)

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

(6)

Sections 10A(1A) and 13A(2A) were inserted by section 1 of the 2002 Act.

(7)

Section 2 was substituted by paragraph 3 of Schedule 2 to the 2000 Act (c.2).

(8)

1983 c.2; sections 13, 13A and 13B were substituted by paragraph 6 of Schedule 1 to the 2000 Act (c.2); and section 13B has been amended by section 11 of the 2006 Act but these amendments do not extend to Northern Ireland.

(9)

Section 7 was substituted by, and sections 7A to 7C were inserted by, respectively, sections 4, 5 and 6 of the 2000 Act (c.2). Section 15(2) was substituted by paragraph 8(2) of Schedule 1 to that Act. Sections 7(3)(aa), 7A(3)(aa), 7C(2)(aa) and 15(2)(aa) were inserted by, respectively, section 12(1), (2), (3) and (7) of the 2006 Act (c.22).

(10)

1985 c. 50; section 2 was substituted by paragraph 3 of Schedule 2 to the 2000 Act; subsection (2)(aa) was inserted by section 12(9) of the 2006 Act .

(11)

Section 10A was substituted together with section 10 for section 10 as originally enacted by paragraph 4 of Schedule 1 to the 2000 Act and subsection (5)(b) was substituted by section 12(5)(b) of the 2006 Act.

(12)

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

(13)

1983 c.2; section 58 was substituted by Schedule 4 to the Miscellaneous Provisions Act 2006 (c.33).

(14)

1983 c. 3; section 13BA was inserted by section 6 of the Miscellaneous Provisions Act 2006.

(15)

Paragraph 1(4B) of Schedule 2 to the 1983 Act was inserted by section 7 of the Miscellaneous Provisions Act.

(16)

The Representation of the People (Northern Ireland)(Amendment) Regulations 2007 (S.I.2007/1612)(“2007 Regulations”) amended the 2001 Regulations to make provision to enable the Chief Electoral Officer for Northern Ireland to request information from specified public authorities. The 2007 Regulations provided that these new powers did not require an authority to provide information which came into their possession before those Regulations came into force on 6th June 2007. These Regulations, which repeal and replace the 2007 Regulations maintain this position.

(18)

1983 c.2; sections 13, 13A and 13B were substituted by Schedule 1 to the 2000 Act.

(19)

1983 c.2; section 9 was substituted by Schedule 1 to the 2000 Act. Section 9 has also been amended by sections 9, 10 and Part 1 of Schedule 1 to the 2006 Act. However, these amendments do not extend to Northern Ireland.

(20)

1985 c.50; section 2 was substituted by Schedule 2 to the 2000 Act (c.2).

(21)

Section 7B was inserted by section 6 of the 2000 Act.

(22)

Section 13 was substituted by Schedule 1 to the 2000 Act (c.2) and subsection (1) was substituted by section 5 of the Miscellaneous Provisions Act (c.33).

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