The Representation of the People (Northern Ireland) Regulations 2008

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(1) (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 [F1 section 1C(2)(a)(i), (3)(a)(i) or (4)] of the 1985 Act(2).

(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(3).

Textual Amendments

F1 Words in reg. 49(1)(b) substituted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) (Northern Ireland) Regulations 2024 (S.I. 2024/43), regs. 1(1), 19 (with reg. 27(1))

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.

[F2 Anonymous entries N.I.

50A.— (1) An anonymous entry of a person consists of that person’s electoral number together with the letter “N”.

(2) The entry is to be entered in the register—

(a) at the end of the part of the register which relates to the qualifying address of the person entitled to the entry,

(b) under the heading of “Other electors” as mentioned in regulation 50(3)(b), and

(c) following the names grouped together under that heading in pursuance of that regulation.]

Textual Amendments

F2 Reg. 50A inserted (15.9.2014) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2014 (S.I. 2014/1808), regs. 1(1), 12

Marking of names N.I.

51.—(1)  [F3 Paragraphs (3), (5) and (6)] specify the marks to appear against a person’s [F4 entry] in the register to indicate that he is registered in one or more [F5 of the two registers (those of: parliamentary electors and local electors)] which are required to be combined.

(2) Where no mark appears against a person’s [F4 entry] 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 [F4 entry].

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

(5) To indicate that any other person is registered only in the register of local electors, the letter “L” shall be placed against this [F4 entry].

(6) To indicate that an overseas elector is registered only in the register of parliamentary electors, the letter “F” shall be placed against his [F4 entry].

F7 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Words in reg. 51(1) substituted (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 2 para. 8(a)(i) (as amended by S.I. 2019/1389, regs. 1, 2(2))

F4 Word in reg. 51 substituted (15.9.2014) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2014 (S.I. 2014/1808), regs. 1(1), 13

F5 Words in reg. 51(1) substituted (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 2 para. 8(a)(ii) (as amended by S.I. 2019/1389, regs. 1, 2(2))

F6 Reg. 51(4) omitted (31.12.2020) by virtue of The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 2 para. 8(b) (as amended by S.I. 2019/1389, regs. 1, 2(2))

F7 Reg. 51(7) omitted (31.12.2020) by virtue of The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 2 para. 8(b) (as amended by S.I. 2019/1389, regs. 1, 2(2))

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(4) 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 [F8 and maintain] a list of the names of each person [F9 (P)] who appears to him to be entitled to be registered in pursuance of an overseas elector’s declaration (“the list of overseas electors”) F10 ....

[F11 (1ZA) The registration officer must include in the list of overseas electors—

(a) the address specified by P in the overseas elector’s declaration in accordance with section 1C(2)(a)(i), (3)(a)(i) or (4) of the 1985 Act, and

(b) P’s present address.]

[F12 (1A) But in the case of a person who has an anonymous entry, the list of overseas electors must contain only—

(a) the person’s electoral number, and

(b) the date on which the person’s entitlement to remain registered anonymously will terminate under section 9C(1A) of the 1983 Act (in the absence of a further application under section 9B of that Act).]

(2) In respect of each constituency there shall be a separate part of the list of overseas electors; and the names of the persons included in each part [F13 who do not have an anonymous entry] shall be listed in alphabetical order [F14 , followed by the electoral numbers of persons with an anonymous entry].

(3) At the time when the registration officer publishes a revised version of the register under section 13(1) of the 1983 Act, he shall publish the list of overseas electors by making a copy of it available for inspection under supervision at his office; and the list shall be kept so published until the next revised version of the register is published under section 13(1) of the 1983 Act.

F15 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Words in reg. 53(1) inserted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) (Northern Ireland) Regulations 2024 (S.I. 2024/43), regs. 1(1), 20(a)(i)

F9 Word in reg. 53(1) inserted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) (Northern Ireland) Regulations 2024 (S.I. 2024/43), regs. 1(1), 20(a)(ii) (with reg. 27(1))

F10 Words in reg. 53(1) omitted (16.1.2024) by virtue of The Representation of the People (Overseas Electors etc.) (Amendment) (Northern Ireland) Regulations 2024 (S.I. 2024/43), regs. 1(1), 20(a)(iii) (with reg. 27(1))

F11 Reg. 53(1ZA) inserted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) (Northern Ireland) Regulations 2024 (S.I. 2024/43), regs. 1(1), 20(b) (with reg. 27(1))

F12 Reg. 53(1A) inserted (15.9.2014) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2014 (S.I. 2014/1808), regs. 1(1), 14(2)

F13 Words in reg. 53(2) inserted (15.9.2014) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2014 (S.I. 2014/1808), regs. 1(1), 14(3)(a)

F14 Words in reg. 53(2) inserted (15.9.2014) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2014 (S.I. 2014/1808), regs. 1(1), 14(3)(b)

F15 Reg. 53(4) revoked (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 2 Table 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

[F16 Record of anonymous entries N.I.

53A.— (1) The registration officer must keep a record of anonymous entries.

(2) The registration officer must enter in the record each person (“P”) who is entered in the register with an anonymous entry.

(3) The entry in the record must contain the following particulars—

(a) P’s full name;

(b) P’s electoral number;

(c) P’s qualifying address;

(d) where P has given in his application for an anonymous entry an address other than his qualifying address to which correspondence should be sent, that address;

(e) the date on which P’s entitlement to remain registered anonymously will terminate under section 9C(1A) of the 1983 Act (in the absence of a further application under section 9B of that Act).

(4) Where P’s application to vote by post or by proxy is granted, the registration officer must also enter in the record the address to which the postal ballot paper is to be sent as given in his application under section 6(6) or 9(12) of the 1985 Act, or paragraph 1(6) or 4(11) of Part 1 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985, as the case may be.

Textual Amendments

F16 Regs. 53A-53D inserted (15.9.2014) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2014 (S.I. 2014/1808), regs. 1(1), 15

Modifications etc. (not altering text)

C1 Reg. 53A applied (with modifications) (15.9.2014) by S.I. 2001/1184, reg. 9, Sch. Pt. 2 (as inserted by S.I. 2014/1803, regs. 1(1), 8(3)(b))

Duties of registration officer and his staff in relation to record of anonymous entries N.I.

53B.— (1) This regulation applies to—

(a) the Chief Electoral Officer for Northern Ireland;

(b) any temporary deputy of that officer; and

(c) any person appointed to assist any such officer or who in the course of his employment is assigned to assist any such officer in his duties.

(2) Where the Chief Electoral Officer is also the counting officer at a referendum held by or under an Act of Parliament (and so has access to the record of anonymous entries without being supplied with a copy of it), this regulation also applies to—

(a) the Chief Electoral Officer in that capacity,

(b) any deputy counting officer,

(c) any person appointed to assist any such officer or who in the course of his employment is assigned to assist any such officer in his duties in respect of the referendum in question.

(3) No person to whom this regulation applies may—

(a) supply to any person a copy of the record of anonymous entries,

(b) disclose information contained in it, or

(c) make use of such information,

otherwise than in accordance with an enactment (including these Regulations) or the order of any court or tribunal made at any hearing or during the course of any proceedings.

(4) Nothing in paragraph (3) applies to the supply or disclosure by a person to whom this regulation applies to another such person in connection with his registration duties or for the purposes of an election or referendum.

(5) The persons to whom this regulation applies must take proper precautions for the safe custody of the record of anonymous entries.

(6) In this regulation “enactment” has the same meaning as in section 17(2) of the 2000 Act.

Textual Amendments

F16 Regs. 53A-53D inserted (15.9.2014) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2014 (S.I. 2014/1808), regs. 1(1), 15

Modifications etc. (not altering text)

C2 Reg. 53B applied (15.9.2014) by S.I. 2001/1184, reg. 9, Sch. Pt. 2 (as inserted by S.I. 2014/1803, regs. 1(1), 8(3)(b))

Supply of the record of anonymous entries to police forces and other organisations N.I.

53C.— (1) The registration officer must supply a copy of the record of anonymous entries, at the request in writing of a senior officer, to—

(a) a police force in England and Wales;

(b) the Police Service of Scotland;

(c) the Police Service of Northern Ireland and the Police Service of Northern Ireland (Reserve);

(d) the National Crime Agency;

F17 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) any body of constables established under an Act of Parliament.

(2) “Senior officer” means—

(a) in the case of the forces and organisations mentioned in paragraph (1)(a), (b), (c), (e) and (f), an officer of a rank senior to that of superintendent;

(b) in the case of the National Crime Agency, the Director General of that Agency.

(3) No person serving whether as a constable, officer or employee of any of the forces and organisations mentioned in paragraph (1) may—

(a) supply to any person a copy of the record of anonymous entries,

(b) disclose any information contained in it, or

(c) make use of any such information,

otherwise than for the purposes specified in paragraph (4).

(4) The purposes are—

(a) the prevention and detection of crime and the enforcement of the criminal law (whether in Northern Ireland or elsewhere);

(b) the vetting of a relevant person for the purpose of safeguarding national security.

(5) In paragraph (4), “relevant person” means—

(a) a constable or officer or prospective constable or officer of the force or organisation;

(b) an employee of, or applicant for employment by, the force or organisation.

(6) Any person supplied with a copy of the record of anonymous entries under this regulation must take proper precautions for its safe custody.

Textual Amendments

F16 Regs. 53A-53D inserted (15.9.2014) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2014 (S.I. 2014/1808), regs. 1(1), 15

F17 Reg. 53C(1)(e) omitted (31.10.2023) by virtue of The Representation of the People and Recall Petition (Northern Ireland) (Amendment) Regulations 2023 (S.I. 2023/1116), regs. 1(2), 5(1)

Modifications etc. (not altering text)

C3 Reg. 53C applied (15.9.2014) by S.I. 2001/1184, reg. 9, Sch. Pt. 2 (as inserted by S.I. 2014/1803, regs. 1(1), 8(3)(b))

Certificate of anonymous registration N.I.

53D.— (1) Where the registration officer enters a person in the record of anonymous entries, he must issue to that person a certificate of anonymous registration.

(2) A certificate of anonymous registration must be in writing and signed by the registration officer.

(3) A certificate of anonymous registration must state—

(a) that it has been issued by the Chief Electoral Officer for Northern Ireland;

(b) the name, electoral number and qualifying address of the person who has the anonymous entry;

(c) the date on which the anonymous entry took effect; and

(d) the date on which the entitlement to remain registered anonymously will terminate in accordance with section 9C(1A) of the 1983 Act, unless a fresh application for an anonymous entry is made.]

Textual Amendments

F16 Regs. 53A-53D inserted (15.9.2014) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2014 (S.I. 2014/1808), regs. 1(1), 15

Modifications etc. (not altering text)

C4 Reg. 53D applied (15.9.2014) by S.I. 2001/1184, reg. 9, Sch. Pt. 2 (as inserted by S.I. 2014/1803, regs. 1(1), 8(3)(b))

(1)

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.

(2)

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

(3)

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

(4)

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).