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The Representation of the People (Northern Ireland) Regulations 2008

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The Representation of the People (Northern Ireland) Regulations 2008, Cross Heading: Information about electors is up to date with all changes known to be in force on or before 02 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Information about electorsN.I.

Power to require informationN.I.

24.—(1) The registration officer may require any person to give such information or documentation as is required for the purposes of that officer’s duties in maintaining registers of parliamentary and local electors.

(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) [F1or 13BC] of the 1983 ActN.I.

25.—(1) For the purposes of section 13BA(3) of the 1983 Act the prescribed date is the eleventh day before the day of the poll.

[F2(1A) For the purposes of section 13BC(2)(d) of the 1983 Act (alteration of registers: recall petition) the prescribed date is the eleventh day before the beginning of the signing period (within the meaning of section 9(2) of the Recall of MPs Act 2015).]

(2) For the purposes of section 13BA(3) [F3or 13BC] 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;

[F4(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; F5...

(f)a statement issued by a bank or building society in relation to a mortgage [F6; and

(g)a bill or statement issued by a Credit Union within the meaning of article 2 of the Credit Unions (Northern Ireland) Order 1985].

Textual Amendments

Modifications etc. (not altering text)

Reminders to electors registered pursuant to a declarationN.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 [F7in writing] of the need to make a fresh declaration if he wishes to remain registered as an elector in pursuance of such a declaration.

(3) In paragraph (2) the “relevant period” means–

(a)except in cases to which sub-paragraph (b) applies, the period beginning nine months after the date when the existing entry in the register of the person in question first takes effect and ending ten months after that date;

[F8(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

[F9Reminders to persons who have an anonymous entryN.I.

26A.—(1) This regulation applies to a person (“P”) who has an anonymous entry in the register of parliamentary or local electors.

(2) Subject to paragraph (3), the registration officer must, during the relevant period, send to P a reminder [F10in writing] that P’s entitlement to be registered will terminate on the determined date and that—

(a)if P wishes to remain entered in the register anonymously after that date, P must make a fresh application for an anonymous entry under section 9B(1)(b) of the 1983 Act;

(b)if P wishes to remain entered in the register without an anonymous entry, P must make a fresh application for registration under section 10A(1)(a) of the 1983 Act.

(3) Paragraph (2) does not apply (or ceases to apply) where the registration officer has received from P a fresh application for an anonymous entry under section 9B(1)(b) of the 1983 Act.

(4) In this regulation—

“the determined date” is the date on which P’s entitlement to remain registered will terminate under section 9C(1A) of the 1983 Act;

“the relevant period” is the period beginning six months before the determined date and ending three months before that date.]

Textual Amendments

Applications for registrationN.I.

27.—(1) An application for registration as a parliamentary or local elector (or both) under section 10A(1)(a) or 13A(1)(a) of the 1983 Act(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)[F11except in the case of a person applying to be registered in pursuance of a service declaration, a declaration of local connection or an overseas electors’ declaration,] the address in respect of which the applicant applies to be registered and at which he is resident on the date of the application;

[F12(c)in the case of an applicant who no longer claims to be entitled to be registered at an address in respect of which the applicant is currently registered as an elector, either—

(i)the fact that the applicant has ceased to reside at that address; or

(ii)the fact that the registration was in pursuance of a service declaration, a declaration of local connection or an overseas electors’ declaration, and the fact that the applicant is no longer entitled to make that declaration;

(ca)in the case of an applicant who has confirmed pursuant to section 10A(1A)(c)(i) or 13A(2A)(c)(i) of the 1983 Act that the applicant does not have a national insurance number, the reason why the applicant does not have it;

(cb)except in the case of a person applying to be registered in pursuance of an overseas elector’s declaration or a service declaration, the applicant’s nationality or nationalities or, if the applicant is not able to provide that information, the reason why the applicant is not able to do so;]

F13(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)in the case of an applicant who is a merchant seaman within the meaning of section 6 of the 1983 Act, that fact; F14...

(f)in the case of an applicant [F15whose application is not accompanied by an application for an anonymous entry and] who wishes his name and address to be omitted from the edited version of the register, that request [F16, and

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

[F17(1A) Where an applicant has previously been known by a name other than that stated in accordance with paragraph (1)(a), the application may also state the applicant’s previous name.]

(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.

[F18(3) An application for registration shall include a declaration by the applicant that, by submitting the application or instructing another person to submit it on the applicant’s behalf, the applicant confirms that—

(a)the applicant is the person named in the application; and

(b)the information provided in the application and any declaration accompanying it is true.

(3A) Where the applicant is unable to read, the applicant shall arrange for the declaration mentioned in paragraph (3) to be read out to the applicant before the application is submitted.

(3B) Where the application is to be submitted through the UK digital service and the applicant is unable to submit it owing to a disability, the applicant may instruct a person of 18 years or over to submit it on behalf of the applicant in the applicant’s presence.]

(4) An application for registration shall be made in writing F19... and dated F20....

[F21(4A) An application for registration may include the applicant’s email address and telephone number if the applicant is willing for the registration officer to contact the applicant by such means.]

F22(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where the registration officer provides the form on which an application for registration is made, the form of words in Schedule 5 or a form of words with substantially like effect with such variations as the registration officer may consider appropriate must form part of, or accompany, the application form.

[F23(6A) Where the registration officer provides the form on which an application for registration is made, the form shall include—

(a)the words “It is an offence to provide false information in this form”, and

(b)a statement of the maximum penalty for the offence.]

(7) Where an application for registration is made otherwise than on a form provided by the registration officer, that officer must on or before the determination of the application send to the applicant [F24in writing] the form of words in Schedule 5 or a form of words with substantially like effect and request the applicant to state within 21 days beginning with the date of that request if he wishes his name and address to be excluded from the edited version of the register.

(8) Where an applicant has not replied to the registration officer within 21 days beginning with the date on which the registration officer issued the request under paragraph (7), the registration officer shall assume that the applicant does not request his name and address to be excluded from the edited version of the register.

(9) Where an applicant has replied making such a request within that period, the request shall be treated as part of the application for registration.

[F25(10) Paragraphs [F26(6) and (7) to (9)] do not apply to an application for registration which is accompanied by an application for an anonymous entry.]

Textual Amendments

[F27Retention of [F28registration information]N.I.

27A.—(1) In respect of any application for registration, until the application has been determined, the registration officer—

(a)shall retain the application form or, in the case of an application submitted through the UK digital service, the information contained in the application; and

(b)may retain any other documentation or information provided to the registration officer in connection with the application.

(2) After the determination of the application, the registration officer may continue to retain any information or document mentioned in paragraph (1) until such time as the officer considers that it is not required for or in connection with the exercise of the officer’s functions.]

[F29(3) In respect of any relevant canvass form, until the end of the register alteration day, the registration officer—

(a)shall retain the canvass form or, in the case of a canvass form submitted through the UK digital service, the information contained in the form; and

(b)may retain any other documentation or information provided to the registration officer in connection with the submission of the form.

(4) After the register alteration day, the registration officer may continue to retain any information or document mentioned in paragraph (3) until such time as the officer considers that it is not required for or in connection with the exercise of the officer’s functions.

(5) In this regulation—

“relevant canvass form” means a canvass form completed in respect of any address in connection with a canvass under section 10 of the 1983 Act;

“register alteration day” means, in respect of a relevant canvass form, the day on which the Chief Electoral Officer for Northern Ireland has determined what alterations to the officer’s registers fall to be made as a result of the submission of that canvass form.]

Textual Amendments

Objections to registrationN.I.

28.—(1) Any objection to a person’s registration shall state—

(a)the name of the person against whom the objection is made;

(b)in the case of an objection made before that person is entered in the register, the address of that person as given in the application for registration;

(c)in the case of an objection made after that person is entered in the register, the electoral number and qualifying address of that person contained in the register;

(d)the grounds of the objection;

(e)the name of the objector and his address as shown in the register (if so shown) together with the address to which correspondence should be sent (if that address is different or if no address is shown in the register); and

(f)the electoral number of the objector.

(2) An objection shall be made in writing and be signed and dated by the person objecting.

(3) In this Part of these Regulations “objection” includes representations made against an application for registration under section 13A(1)(a) of the 1983 Act.

Inspection of applications and objectionsN.I.

29.—[F30(1)] [F31An entry on the list of applications for registration kept under regulation 30(2)(a) and any objection] to a person’s registration shall be made available for inspection at the registration officer’s office until the application [F32to which the entry relates] or objection has been determined by the registration officer.

F33(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

(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)).

(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.

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