The Representation of the People (Northern Ireland) Regulations 2008

PART 3 N.I. REGISTRATION

Information about electors N.I.

Power to require information N.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.

(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.

Alteration of registers under section 13BA(3) of the 1983 Act N.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.

(2) For the purposes of section 13BA(3) of the 1983 Act, the additional supporting material is such of the original documents as are specified in paragraphs (3) to (6) as the registration officer may require.

(3) The documents which the registration officer may require in relation to the date of birth of the applicant are as follows—

(a) a birth certificate;

(b) a statutory declaration as to the applicant’s date of birth;

(c) a certificate of naturalisation;

(d) a document showing that he has become a Commonwealth citizen by virtue of registration;

(e) a statutory declaration that he is a qualifying Commonwealth citizen or citizen of Ireland or a relevant citizen of the Union;

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

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

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

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

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

[F1 (ja) a 60+ SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st October 2008;]

(k) a photographic identity card of a type approved by the British Retail Consortium for the purposes of its Proof of Age Standards Scheme;

(l) an identity card issued by a Member State of the European Union;

(m) a marriage certificate;

(n) a certificate of civil partnership;

(o) a passport; and

(p) a certificate of adoption.

(4) The documents which the registration officer may require in relation to the nationality of the applicant at the time of the application are as follows—

(a) a birth certificate;

(b) a certificate of naturalisation;

(c) a document showing that he has become a Commonwealth citizen by virtue of registration;

(d) a statutory declaration that he is a qualifying Commonwealth citizen or citizen of Ireland or a relevant citizen of the Union; and

(e) a passport issued by the Government of the United Kingdom, the Government of Ireland or a Member State of the European Union or a Commonwealth country.

(5) The documents which the registration officer may require in relation to the address of the applicant at the time of the application are such of the following documents which have been issued within the three months preceding 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)(2);

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

(f) a statement issued by a bank or building society in relation to a mortgage; 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(3).

(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; F2 ...

(f) a statement issued by a bank or building society in relation to a mortgage [F3 ; 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

F1 Reg. 25(3)(ja) inserted (4.2.2010) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2010 (S.I. 2010/278), regs. 1(2), 2(2)

F2 Word in reg. 25(6) omitted (4.2.2010) by virtue of The Representation of the People (Northern Ireland) (Amendment) Regulations 2010 (S.I. 2010/278), regs. 1(2), 2(3)

F3 Reg. 25(6)(g) and word inserted (4.2.2010) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2010 (S.I. 2010/278), regs. 1(2), 2(3)

Reminders to electors registered pursuant to a declaration N.I.

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

(a) a service declaration;

(b) a declaration of local connection; or

(c) an overseas elector’s declaration.

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

[F4 (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

F4 Reg. 26(3)(b) substituted (19.3.2010) by The Service Voters’ Registration Period Order 2010 (S.I. 2010/882), arts. 1(2), 5

Applications for registration N.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(4)(“an application for registration”) shall, in addition to the requirements of section 10A(1A) and 13A(2A) of that Act(5), state—

(a) the applicant’s full name;

(b) the address in respect of which the applicant applies to be registered and at which he is resident on the date of the application;

(c) any address in respect of which the applicant is currently registered as an elector, if he has ceased to reside at that address;

(d) in the case of an applicant who has not attained the age of 18 years, his date of birth;

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

(f) in the case of an applicant who wishes his name and address to be omitted from the edited version of the register, that request.

(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.

(3) An application for registration shall include a declaration made by the applicant that—

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

(b) subject to paragraph (5), in the case of an application by a relevant citizen of the Union for registration as a local elector, he is such a citizen; and

(c) in any other case, but subject to paragraph (5), he is a Commonwealth citizen or citizen of Ireland.

(4) An application for registration shall be made in writing to the registration officer and be signed and dated by the applicant.

(5) Paragraph (3)(b) and (c) does not apply to persons applying to be registered in pursuance of a service declaration or an overseas elector’s declaration.

(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.

(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 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.

Objections to registration N.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 objections N.I.

29.  An application for registration and any objections to a person’s registration shall be made available for inspection at the registration officer’s office until the application or objection has been determined by the registration officer.

Determination of applications and objections N.I.

Procedure for determining applications for registration and objections without a hearing N.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 of the applicant and the address claimed as his qualifying address in the list he keeps in pursuance of paragraph (2)(a).

(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 ask for further information and take no further action until such information is supplied, if he is of the opinion that the particulars given in the application or objection are insufficient.

(7) 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.

(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 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 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 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 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.

(15) In this regulation “qualifying address” includes the address specified in an overseas elector’s declaration in accordance with section 2(4)(b) or (c)(ii) of the 1985 Act(6).

Notice of hearing N.I.

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

(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).

Hearing of applications and objections N.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 effect N.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 (7).

(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 registration N.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,(8) and

(ii) section 2(2)(aa) of the 1985 Act(9);

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

Summary procedure for determining in specified circumstances whether a person has ceased to satisfy conditions for registration N.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;

[F5 (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

[F6 “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

F5 Reg. 35(2)(d) substituted (4.2.2010) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2010 (S.I. 2010/278), regs. 1(2), 3(2)

F6 Words in reg. 35(3) inserted (4.2.2010) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2010 (S.I. 2010/278), regs. 1(2), 3(3)

Procedure for reviewing entitlement to registration N.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.

(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.

List of reviews N.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.

Hearings of reviews N.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 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.

Registration appeals N.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(12);

(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.

(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.

Representations regarding clerical errors N.I.

40.—(1) For the purposes of section 13BA(8)(13) 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.

Requests for information N.I.

41.—(1) The registration officer may, from time to time, request such specified information as he may require for the purposes mentioned in paragraph 1(4B) of Schedule 2 to the 1983 Act(14)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; or

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

(c) request further time for the location of that information.

(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(15).

Provision of information to the registration officer N.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;

[F7 (c) the Regional Business Services Organisation];

(d) the Department for Work and Pensions;

(e) secondary schools within the meaning of article 2 of the Education and Libraries (Northern Ireland) Order 1986(16); F8 ...

[F9 (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 former 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

F7 Words in reg. 42(2)(c) substituted (4.2.2010) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2010 (S.I. 2010/278), regs. 1(2), 4(2)

F8 Word in reg. 42(2) omitted (4.2.2010) by virtue of The Representation of the People (Northern Ireland) (Amendment) Regulations 2010 (S.I. 2010/278), regs. 1(2), 4(3)

F9 Reg. 42(2)(ea) inserted (4.2.2010) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2010 (S.I. 2010/278), regs. 1(2), 4(3)

Disclosure of information N.I.

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

(a) for the purpose mentioned in paragraph 1(4B) 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.

Notices in connection with registration N.I.

44.—(1) A notice under section 13(3) of the 1983 Act(17) 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) or 13BA(3),(6) or (9) 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.

Communication of notices made on polling day N.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 to the returning officer after the day of the poll.

Notice by registration officer of a change of address N.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 no longer resides in his area.

The register N.I.

Separate part of register for each parliamentary polling district N.I.

47.  The register shall be framed in separate parts for each parliamentary polling district.

Different letter for each parliamentary polling district N.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 register N.I.

49.—(1) Section 9(2)(b) of the 1983 Act(18) (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 section 2(4)(b) or (c)(ii) of the 1985 Act(19).

(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(20).

Order of names N.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.

Marking of names N.I.

51.—(1) Paragraphs (3) to (7) specify the marks to appear against a person’s name in the register to indicate that he is registered in one or more of the four registers (those of: parliamentary electors; local electors; relevant citizens of the Union registered as European Parliamentary electors; and peers overseas registered as European Parliamentary overseas electors) which are required to be combined.

(2) Where no mark appears against a person’s name in the register of electors, this indicates that he is registered in the registers of parliamentary and local electors.

(3) To indicate that a relevant citizen of the Union is registered only in the register of local electors, the letter “G” shall be placed against his name.

(4) To indicate that such a citizen is registered in both that register and the register of such citizens registered as European Parliamentary electors, the letter “K” shall be placed against his name.

(5) To indicate that any other person is registered only in the register of local electors, the letter “L” shall be placed against this name.

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

(7) To indicate that a European Parliamentary overseas elector is registered only in the register of such electors, the letter “E” shall be placed against his name.

Publication of register N.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(21) 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 electors N.I.

53.—(1) The registration officer shall prepare a list of the names of each person who appears to him to be entitled to be registered in pursuance of an overseas elector’s declaration (“the list of overseas electors”); and shall include in that list the address specified in that declaration in accordance with section 2(4) of the 1985 Act and regulation 20(1).

(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 shall be listed in alphabetical order.

(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.

(4) The name of a person appearing to the registration officer to be entitled to be registered in pursuance of a European Parliamentary overseas elector’s declaration (and included in the list of overseas electors by virtue of regulation 14(5)) shall be marked with the letter “E”.

(1)

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

(2)

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

(3)

S.I. 1985/1205 (N.I. 12).

(4)

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

(5)

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

(6)

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

(7)

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.

(8)

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).

(9)

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 .

(10)

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.

(11)

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

(12)

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

(13)

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

(14)

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

(15)

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.

(16)

S.I.1986/594 (N.I.3).

(17)

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

(18)

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.

(19)

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

(20)

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

(21)

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).