The Representation of the People (Northern Ireland) Regulations 2008

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 [F1and (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).

[F2(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 [F3request 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) [F4Subject 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.

[F5(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 [F6in 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 [F7in 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 [F8in 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 [F9in 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.

F10(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 [F11in 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 (1).

(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,(2) and

(ii)section 2(2)(aa) of the 1985 Act(3);

(b)determining under section 10A(5)(b) of the 1983 Act(4) 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(5).

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;

[F12(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

[F13“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.

[F14(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.

[F15(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 [F16in 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

[F17Anonymous registration: applications and declarationsN.I.

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

(a)the applicant’s full name,

[F18(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)

C1Reg. 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)

C2Reg. 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 [F19or 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; F20...

(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;

[F21(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)

C3Reg. 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 [F22inspector] of the Police Service of Northern Ireland;

(b)a police officer of or above the rank of [F23inspector] of any police force in England and Wales;

(c)a police officer of or above the rank of [F24inspector] 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;

[F25(l)any registered medical practitioner;

(m)any registered nurse or midwife;

(n)any person who manages a refuge.]

[F26(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)

C4Reg. 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(1) 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 [F27in 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 [F28in 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)

C5Reg. 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(6);

(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.

[F29(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)(7) 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 [F30any of the purposes mentioned in paragraph 1A(1)] of Schedule 2 to the 1983 Act(8)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; F31...

(b)inform the registration officer that the information requested is not held by that authority or person; F32...

(c)request further time for the location of that information [F33; 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.]

[F34(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(9).

[F35(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;

[F36(c) the Regional Business Services Organisation];

(d)the Department for Work and Pensions;

[F37(da)the Northern Ireland Office;]

(e)secondary schools within the meaning of article 2 of the Education and Libraries (Northern Ireland) Order 1986(10); F38...

[F39(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 [F40any 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)

[F41Verification of information provided in an applicationN.I.

42A.—(1) In the case of [F42a 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 [F42a 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.

[F43(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.

[F44(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 [F45any 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(11) 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) [F46, ] 13BA(3), (6) or (9) [F47or 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.

[F48(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

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 [F49in 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 [F50has notified the Northern Ireland registration officer that the applicant] no longer resides in his area.

[F51(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.

F5246A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F53Retention 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—

[F54“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

(1)

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.

(2)

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).

(3)

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 .

(4)

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.

(5)

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

(6)

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

(7)

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

(8)

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

(9)

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.

(11)

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