- Latest available (Revised)
- Original (As made)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Representation of the People (Northern Ireland) Regulations 2008. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
54. In this Part—
“his allotted polling station” in relation to an elector means the polling station allotted or likely to be allotted to him under the elections rules; and
one person is “related” to another if he is the spouse or civil partner, parent, grandparent, brother, sister, child or grandchild of the other.
Modifications etc. (not altering text)
C1Reg. 54 applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 70
55.—(1) An application under section 6, 7, 8 or 9 of the 1985 Act(1) must comply with the requirements of this regulation and such further requirements in this Part of these Regulations as are relevant to the application.
(2) In the case of an application under section 6(1) or 7(1), the application must state, in addition to the matters required by section 6(1)(ba) to (bc) or section 7(1)(ba) to (bc) of the 1985 Act (2)—
(a)the full name of the applicant;
(b)the address in respect of which the applicant is or will be registered in the register except in the case of an application under section 9 of the 1985 Act;
(c)in the case of such an application the proxy’s address, together with the name of the elector for whom he will act as proxy and the elector’s address for the purposes of sub-paragraph(b); F1...
(d)in the case of an application under section 6(1), 7(1) or 9(4) or (7) of the 1985 Act, the grounds on which the elector claims to be entitled to an absent vote [F2, and
(e)where the applicant has, or has applied for, an anonymous entry, that fact.]
(3) The application shall be made in writing and be signed and dated by the applicant.
(4) Where an application is made to vote by proxy, it shall include an application for the appointment of a proxy which meets the requirements of regulation 56.
Textual Amendments
F1Word in reg. 55(2)(c) omitted (15.9.2014) by virtue of The Representation of the People (Northern Ireland) (Amendment) Regulations 2014 (S.I. 2014/1808), regs. 1(1), 16(a)
F2Reg. 55(2)(e) and word inserted (15.9.2014) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2014 (S.I. 2014/1808), regs. 1(1), 16(b)
Modifications etc. (not altering text)
C2Reg. 55 applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 71
55A.—(1) Paragraph (2) applies where—
(a)in the case of an application to vote by post under section 6(1) of the 1985 Act, the addresses provided in accordance with section 6(6) of that Act and regulation 55(2)(b) are different;
(b)in the case of an application to vote by post under section 7(1) of the 1985 Act, the addresses provided in accordance with section 7(5) of that Act and regulation 55(2)(b) are different;
(c)in the case of an application by a proxy to vote by post under section 9(4) [F4or (7)] of the 1985 Act, the address provided in accordance with section 9(12) of that Act and the proxy’s address provided in accordance with regulation 55(2)(c) are different.
(2) The application must set out why the applicant’s (“A”) circumstances will be or are likely to be such that A requires the ballot paper to be sent to the address provided in accordance with the provisions of the 1985 Act mentioned above.
[F5(3) This regulation does not apply where an applicant has, or has applied for, an anonymous entry.]
Textual Amendments
F3Regs. 55A, 55B inserted (4.2.2010) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2010 (S.I. 2010/278), regs. 1(2), 5(1)
F4Words in reg. 55A(1)(c) inserted (31.10.2023) by The Representation of the People and Recall Petition (Northern Ireland) (Amendment) Regulations 2023 (S.I. 2023/1116), regs. 1(2), 7
F5Reg. 55A(3) inserted (15.9.2014) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2014 (S.I. 2014/1808), regs. 1(1), 17
Modifications etc. (not altering text)
C3Reg. 55A applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 72
55B.—[F6(1)] An application under—
(a)section 7(2) of the 1985 Act by a person (“A”) shown as voting by post in the record kept under section 6(3) of that Act; or
(b)section 9(8) of the 1985 Act by a person (“A”) shown as voting by post in the record kept under section 9(6) of that Act,
for A’s ballot paper to be sent to a different address from that shown in the record shall set out why A’s circumstances will be or are likely to be such that A requires the ballot paper to be sent to that address.]
[F7(2) This regulation does not apply where the applicant has, or has applied for, an anonymous entry.]
Textual Amendments
F3Regs. 55A, 55B inserted (4.2.2010) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2010 (S.I. 2010/278), regs. 1(2), 5(1)
F6Reg. 55B renumbered as reg. 55B(1) (15.9.2014) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2014 (S.I. 2014/1808), regs. 1(1), 18
F7Reg. 55B(2) inserted (15.9.2014) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2014 (S.I. 2014/1808), regs. 1(1), 18
Modifications etc. (not altering text)
C4Reg. 55B applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 73
56.—[F8(1)] An application for the appointment of a proxy under section 8(6) or (7) of the 1985 Act shall state the full name [F9, date of birth] and address of the person whom the applicant wishes to appoint as his proxy, F10... and—
(a)if it is signed only by the applicant, shall contain a statement by him that he has consulted the person so named and that the person is capable of being and willing to be appointed to vote as his proxy; or
(b)if it is also signed by the person to be appointed, shall contain a statement by that person that he is capable of being and willing to be appointed to vote as the applicant’s proxy.
[F11(2) Where the application mentioned in paragraph (1) is made by an elector with an anonymous entry, the application must be accompanied by an application, by the person to be appointed as proxy, under—
(a)section 9(4) of the 1985 Act (application to vote by post as proxy at parliamentary elections for an indefinite period); or
(b)section 9(7) of the 1985 Act (application to vote by post as proxy at a particular election) in relation to the election.]
Textual Amendments
F8Reg. 56 renumbered as reg. 56(1) (15.9.2014) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2014 (S.I. 2014/1808), regs. 1(1), 19
F9Words in reg. 56(1) inserted (31.10.2023) by The Representation of the People and Recall Petition (Northern Ireland) (Amendment) Regulations 2023 (S.I. 2023/1116), regs. 1(2), 6(a)
F10Words in reg. 56(1) 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), 6(b)
F11Reg. 56(2) inserted (15.9.2014) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2014 (S.I. 2014/1808), regs. 1(1), 19
Modifications etc. (not altering text)
C5Reg. 56 applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 74
57.—(1) An application under section 6(2)(b)(3) of the 1985 Act shall specify the disability by reason of which it is made.
(2) Subject to paragraph (3), such an application shall be attested and signed by [F12a person who is registered in the register and who is]—
(a)a registered medical practitioner;
(b)a nurse registered on the register maintained by the Nursing and Midwifery Council under article 5 of the Nursing and Midwifery Order 2001(4) by virtue of qualifications in nursing;
[F13(ba)a social worker registered under the principal part of the register maintained by the Northern Ireland Social Care Council under section 3 of the Health and Personal Services Act (Northern Ireland) 2001;]
(c)a Christian Science practitioner;
(d)the person registered under the Registered Homes (Northern Ireland) Order 1992(5) as carrying on a residential care home within the meaning of article 3 of that Order or a nursing home within the meaning of article 16 of that Order, where the applicant states that he is resident in such a home;
(e)the person in charge of residential accommodation provided under article 15 of the Health and Personal Social Services (Northern Ireland) Order 1972(6), where the applicant states that he is resident in such accommodation; or
(f)the manager or other person in charge of premises forming one of a group of premises provided for persons of pensionable age or persons with a disability for which there is a resident manager or other person in charge, where the applicant states that he resides in such premises.
(3) The person attesting the application shall state—
(a)his name and address and the qualification by virtue of which he attests the application;
[F14(ab)that he is registered in the register;]
(b)that, to the best of his knowledge and belief, the applicant has the disability specified in the application and that he cannot reasonably be expected to go in person to his allotted polling station or to vote unaided there by reason of that disability; and
(c)that, to the best of his knowledge and belief, the disability specified in the application is likely to continue either indefinitely or for a period specified by the person attesting the application.
(4) Paragraphs (2) to (4) shall not apply where—
(a)the application is based on the applicant’s blindness and the applicant is registered as a blind person by [F15a Health and Social Care trust] which is specified in the application; or
[F16(b)the application states that the applicant is in receipt of—
(i)the higher rate of attendance allowance (payable under section 65 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992); or
(ii)the highest rate of the care component or the higher rate of the mobility component (or both) of the disability living allowance (payable under section 72 and section 73 of that Act) [F17; F18...
(iii)armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011,] F19[F20...
(iv)the enhanced rate of the daily living component or the enhanced rate of the mobility component (or both) of personal independence payment (payable under Articles 83(2) and 84(2) of the Welfare Reform (Northern Ireland) Order 2015),] F21...
[F22(v)the higher rate of the mobility component of disability assistance for children and young people (payable in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018),] [F23or
(vi)the enhanced rate of the mobility component of disability assistance for working age people (payable in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018),]
because of the disability specified in the application.]
(5) The fact that an applicant is registered with [F24a Health and Social Care trust] as a blind person shall be deemed sufficient evidence that he is eligible for an absent vote on the grounds set out in section 6(2)(b) of the 1985 Act.
Textual Amendments
F12Words in reg. 57(2) inserted (4.2.2010) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2010 (S.I. 2010/278), regs. 1(2), 6(2)
F13Reg. 57(2)(ba) inserted (4.2.2010) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2010 (S.I. 2010/278), regs. 1(2), 6(3)
F14Reg. 57(3)(ab) inserted (4.2.2010) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2010 (S.I. 2010/278), regs. 1(2), 6(4)
F15Words in reg. 57(4)(a) substituted (4.2.2010) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2010 (S.I. 2010/278), regs. 1(2), 6(5)
F16Reg. 57(4)(b) substituted (4.2.2010) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2010 (S.I. 2010/278), regs. 1(2), 6(6)
F17Reg. 57(4)(b)(iii) and word inserted (24.12.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) (Northern Ireland) Order 2013 (S.I. 2013/3021), arts. 1, 32
F18Word in reg. 57(4)(b)(ii) omitted (20.6.2016) by virtue of The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/228), regs. 1, 35(a)
F19Word in reg. 57(4)(b)(iii) omitted (22.11.2021) by virtue of The Social Security (Scotland) Act 2018 (Information-Sharing and Disability Assistance) (Consequential Provision and Modifications) Order 2021 (S.I. 2021/1188), arts. 1(2), 8(2)(a)
F20Reg. 57(4)(b)(iv) and word inserted (20.6.2016) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/228), regs. 1, 35(b)
F21Word in reg. 57(4)(b)(iv) omitted (21.3.2022) by virtue of The Social Security (Scotland) Act 2018 (Disability Assistance and Information-Sharing) (Consequential Provision and Modifications) Order 2022 (S.I. 2022/332), arts. 1(2), 12(2)(a)
F22Reg. 57(4)(b)(v) inserted (22.11.2021) by The Social Security (Scotland) Act 2018 (Information-Sharing and Disability Assistance) (Consequential Provision and Modifications) Order 2021 (S.I. 2021/1188), arts. 1(2), 8(2)(c)
F23Reg. 57(4)(b)(vi) and word inserted (21.3.2022) by The Social Security (Scotland) Act 2018 (Disability Assistance and Information-Sharing) (Consequential Provision and Modifications) Order 2022 (S.I. 2022/332), arts. 1(2), 12(2)(b)
F24Words in reg. 57(5) substituted (4.2.2010) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2010 (S.I. 2010/278), regs. 1(2), 6(7)
58.—(1) An application under section 6(2)(c) of the 1985 Act(7) shall state—
(a)whether the occupation, service or employment in respect of which it is made is that of the applicant or his spouse or civil partner; or
(b)whether it is the applicant or his spouse or civil partner who is attending the course provided by an educational institution in respect of which the application is made; and
(c)the nature of the occupation, service or employment or course provided by an educational institution giving rise to the application;
(d)where the person in respect of whose occupation, service or employment it is made (in this regulation referred to as “the employed person”) is self-employed, that fact; and in any other case the name of that person’s employer;
(e)the reason, relevant to the general nature of the employment, service or occupation in question or the course provided by an educational institution, why the applicant cannot reasonable be expected to go in person to his allotted polling station.
(2) Such an application shall be attested and signed—
(a)where the person is self-employed, by a person who—
(i)is aged 18 years or over;
(ii)knows the self-employed person; and
(iii)is not related to him;
(b)by the employer of the employed person or by another employee to whom this function is delegated by the employer; and
(c)in the case of a course provided by an educational institution, by the director or tutor of that course or by the principal or head of that institution or an employee to whom this function is delegated by the head or principal.
(3) The person attesting an application made under paragraph (2) shall—
(a)where the applicant is the employed person, self-employed person or the person attending the course, certify that the statements required by sub-paragraphs (a) to (e) of paragraph (1) to be included in the application are true; or
(b)where the applicant is the spouse or civil partner of the employed person, self-employed person or the person attending the course, certify that the statements included in the application in accordance with the requirements of sub-paragraphs (a) to (d) of paragraph (1) are true.
(4) The person attesting an application under paragraph (2) shall also state—
(a)his name and address, that he is aged 18 years or over, that he knows the employed person, self-employed person or person attending a course provided by an educational institution but is not related to him; and
(b)if he is attesting as or on behalf of the employer of the employed person, that he is the employer or the position he holds in the employment of that employer; or
(c)if he is attesting an application made on the grounds of attendance at a course provided by an educational institution, the post he holds at that institution.
59.—(1) An application under section 7(1) of the 1985 Act shall set out why the applicant’s circumstances on the date of the poll for the election in respect of which it is made will be or are likely to be such that he cannot reasonably be expected to vote in person at his allotted polling station.
(2) Except in respect of an application to which paragraph (4), (6) or (8) applies, such an application shall be signed and attested by a person who—
(a)is aged 18 years or over;
(b)resides in the United Kingdom;
(c)knows the applicant but is not related to him; and
[F25(d)has not attested under this paragraph more than one other application in respect of the election for which the application he attests is made or that election taken together with any other election in Northern Ireland the poll for which is taking place on the same day.]
(3) The person attesting an application under paragraph (2) shall state—
(a)his full name and address;
(b)that he is aged 18 years or over;
(c)that he resides in the United Kingdom;
(d)that he knows the applicant but is not related to him; and
[F26(e)that he has not attested under paragraph (2) more than one other application in respect of the election for which the application he attests is made or that election taken together with any other election in Northern Ireland the poll for which is taking place on the same day,]
and shall certify that, to the best of his knowledge and belief, the statement included in the application in accordance with paragraph (1) is true.
(4) This paragraph applies in respect of an application under section 7(1) of the 1985 Act in which the circumstances set out in accordance with paragraph (1) are that the applicant will be or is likely to be ill on the date of the poll, and which—
(a)specifies the illness which he is likely to suffer from; and
(b)is attested and signed by [F27a person who is registered in the register and who is] one of the persons specified in sub-paragraphs (a), (b) and (c) of regulation 57(2).
(5) The person attesting an application under paragraph (4) shall state—
(a)his name and address;
[F28(ab)that he is registered in the register;]
(b)the qualification by virtue of which he is authorised to attest it;
(c)that he has seen the applicant in connection with the circumstances set out in the application in accordance with paragraph (1); and
(d)that, to the best of his knowledge and belief—
(i)the applicant is suffering from the illness specified in the application;
(ii)that he will be or is likely to be so suffering on the date of the poll; and
(iii)that he cannot reasonably be expected to vote in person at his allotted polling station because of that illness.
(6) This paragraph applies in respect of an application under section 7(1) of the 1985 Act—
(a)which is received by the registration officer after 5 p.m. on the fourteenth day (calculated in accordance with regulation 61(5)) before the date of the poll at the election in question (“the standard closing date for applications”) but before 5 p.m. on the sixth day (so calculated) before the date of that poll;
(b)in which the circumstances set out in accordance with paragraph (1) relate to the applicant’s health;
(c)which includes a statement to the effect that, before the standard closing date for applications, the applicant could not have reasonably foreseen that those circumstances would, or would be likely to, exist on the date of the poll; and
(d)which is attested and signed [F29a person who is registered in the register and who is] by one of the persons specified in sub-paragraphs (a), (b) and (c) of regulation 57(2).
(7) The person attesting an application under paragraph (6) shall state—
(a)his name and address;
[F30(ab)that he is registered in the register;]
(b)the qualification by virtue of which he is authorised to attest it;
(c)that he has seen the applicant in connection with the circumstances set out in the application in accordance with paragraph (1);
(d)that to the best of his knowledge and belief—
(i)the applicant is suffering from the illness specified in the application;
(ii)that he will be or is likely to be so suffering on the date of the poll; and
(iii)that he cannot reasonably be expected to vote in person at his allotted polling station because of that illness; and
(e)that, to the best of his knowledge and belief, the statement which the applicant made in accordance with paragraph (6)(c) is correct.
(8) This paragraph applies in respect of an application under section 7(1) of the 1985 Act—
(a)which is received by the registration officer during the period specified in paragraph (6)(a);
(b)in which the circumstances set out in accordance with paragraph (1) relate to the applicant’s employment either as a constable or by the returning officer on the date of the poll of the election for which the application is made for a purpose connected with that election or any other parliamentary F31... election the poll for which is held on the same day;
(c)which states the employment in question; and
(d)in the case of a constable, which is signed by a member of the Police Service of Northern Ireland of or above the rank of chief inspector.
Textual Amendments
F25Reg. 59(2)(d) substituted (4.2.2010) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2010 (S.I. 2010/278), regs. 1(2), 7(2)
F26Reg. 59(3)(e) substituted (4.2.2010) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2010 (S.I. 2010/278), regs. 1(2), 7(3)
F27Words in reg. 59(4)(b) inserted (4.2.2010) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2010 (S.I. 2010/278), regs. 1(2), 7(4)
F28Reg. 59(5)(ab) inserted (4.2.2010) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2010 (S.I. 2010/278), regs. 1(2), 7(5)
F29Words in reg. 59(6)(d) inserted (4.2.2010) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2010 (S.I. 2010/278), regs. 1(2), 7(6)
F30Reg. 59(7)(ab) inserted (4.2.2010) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2010 (S.I. 2010/278), regs. 1(2), 7(7)
F31Words in reg. 59(8)(b) 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))
Modifications etc. (not altering text)
C6Reg. 59 applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 75
60. An application under [F32section 9(7)(a)] of the 1985 Act shall set out why the applicant’s circumstances on the date of the poll for the election in respect of which it is made will be or are likely to be such that he cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to the elector under the elections rules.
Textual Amendments
F32Words in reg. 60 substituted (15.9.2014) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2014 (S.I. 2014/1808), regs. 1(1), 20
Modifications etc. (not altering text)
C7Reg. 60 applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 76
61.—(1) An application under section 6(1) or (5), 8(6) or 9(4) of the 1985 Act shall be disregarded for the purposes of a particular election if it is received by the registration officer after 5 p.m. on the fourteenth day before the day of the poll at that election.
(2) Subject to paragraph (3), an application under section 7(1) or (2), 8(7) or 9(7) or (8) of the 1985 Act shall be refused if it is received by the registration officer after 5 p.m. on the fourteenth day before the day of the poll at the election for which is made.
(3) Paragraph (2) shall not apply to an application which satisfies the requirements of either paragraphs (6) and (7) or paragraph (8) of regulation 59; and such an application shall be refused if it is received by the registration officer after 5 p.m. on the sixth day before the day of the poll at the election for which it is made.
(4) An application under—
(a)section 6(4)(a) of the 1985 Act by an elector to be removed from the record kept under section 6(3) of that Act; or
(b)section 9(11)(a) of that Act by a proxy to be removed from the record kept under section 9(6) of that Act,
and a notice under section 8(9) of that Act by an elector cancelling a proxy’s appointment shall be disregarded for the purposes of a particular election if it is received by the registration officer after 5 p.m. on the fourteenth day before the date of the poll at that election.
(5) In computing a period of days for the purposes of this regulation, Saturday, Sunday, Christmas Eve, Christmas Day, Good Friday or a bank holiday shall be disregarded.
(6) In paragraph (5) “bank holiday” means—
(a)in relation to a general election, a day which is a bank holiday under the Banking and Financial Dealings Act 1971(8) in any part of the United Kingdom; and
(b)in relation to a by-election, a day which is a bank holiday under that Act in Northern Ireland,
except that where, at a parliamentary general election, any proceedings are commenced afresh by reason of a candidate’s death, sub-paragraph (b), not sub-paragraph (a), shall apply.
Modifications etc. (not altering text)
C8Reg. 61 applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 77
62.—(1) Where the registration officer grants an application under section 6, 7, 8 or 9 of the 1985 Act, he shall, where practicable, notify the applicant [F33in writing] of his decision.
(2) Where the registration officer grants an application for the appointment of a proxy, he shall confirm in writing to the elector that the proxy has been appointed, his name and address, and the duration of the appointment.
(3) The proxy paper F34... to be issued by the registration officer on the appointment of a proxy shall be in Form E.
(4) Where the registration officer refuses an application under section 6, 7, 8 or 9 of the 1985 Act, he shall notify the applicant [F35in writing] of his decision and, in the case of an application under section 6(1) or 9(4), of the reasons for it; and he shall date such a notification.
(5) Where under regulation 61(1) or 61(4) the registration officer disregards an application for the purposes of a particular election, he shall, where practicable, notify the applicant [F36in writing] of this.
[F37(6) Paragraphs (7) and (8) apply in the following situations—
(a)where a person makes an application to vote by post under section 6(1) of the 1985 Act (application for postal vote for indefinite period) and the addresses provided in accordance with section 6(6) of that Act (address to which ballot paper should be sent) and regulation 55(2)(b) (address in the register) are different;
(b)where a person makes an application to vote by post under section 7(1) of the 1985 Act (application for postal vote for a particular election) and the addresses provided in accordance with section 7(5) of that Act (address to which ballot paper should be sent) and regulation 55(2)(b) (address in the register) are different;
(c)where a person who is a proxy makes an application to vote by post under section 9(4) or (7) of the 1985 Act (application by proxy for postal vote for indefinite period or for a particular election) and the addresses provided for the proxy in accordance with section 9(12) of that Act (address to which ballot paper should be sent) and regulation 55(2)(c) (proxy’s address as provided in proxy application) are different;
(d)where a person makes an application under section 7(2)(a) of the 1985 Act (application by person registered as postal voter for indefinite period to have ballot papers sent to a different address for a particular election);
(e)where a person makes an application under section 9(8) of the 1985 Act (application by proxy registered as postal voter for indefinite period for ballot papers to be sent to a different address for a particular election).
(7) Where the registration officer grants the application, the notification under paragraph (1) must include a statement that the ballot paper will be sent to the address specified in the application as the address to which the ballot paper should be sent.
(8) A notification about the application under paragraph (1), (4) or (5) must be delivered to the applicant’s normal address, except where paragraph (9) applies.
(9) This paragraph applies where the applicant is—
(a)an applicant registered in pursuance of a service declaration,
(b)an applicant registered in pursuance of a declaration of local connection (within the meaning of section 7B of the 1983 Act),
(c)an applicant who is a merchant seaman (within the meaning of section 6 of the 1983 Act), or
(d)an applicant who has an anonymous entry.
(10) In paragraph (8), “the applicant’s normal address” means—
(a)in the situation mentioned in paragraph (6)(a) or (b), the address provided under regulation 55(2)(b) (address in the register);
(b)in the situation mentioned in paragraph (6)(c), the address provided under regulation 55(2)(c) (proxy’s address as provided in proxy application);
(c)in the situation mentioned in paragraph (6)(d), the address recorded under section 6(3)(b) of the 1985 Act (address provided in application for postal vote as address to which ballot papers should be sent);
(d)in the situation mentioned in paragraph (6)(e), the address recorded under section 9(6)(b) of the 1985 Act (address provided in application for postal vote by proxy as address to which ballot papers should be sent).]
Textual Amendments
F33Words in reg. 62(1) inserted (31.5.2018) by The Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2018 (S.I. 2018/699), regs. 1(2), 11(10)
F34Words in reg. 62(3) 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))
F35Words in reg. 62(4) inserted (31.5.2018) by The Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2018 (S.I. 2018/699), regs. 1(2), 11(10)
F36Words in reg. 62(5) inserted (31.5.2018) by The Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2018 (S.I. 2018/699), regs. 1(2), 11(10)
F37Reg. 62(6)-(10) inserted (31.10.2023) by The Representation of the People and Recall Petition (Northern Ireland) (Amendment) Regulations 2023 (S.I. 2023/1116), regs. 1(2), 8
Modifications etc. (not altering text)
C9Reg. 62 applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 78
63.—(1) A person desiring to appeal under section 58(1)(b) of the 1983 Act(9) against the decision of a registration officer must give notice [F38in writing] of the appeal to the registration officer within 14 days of the receipt of the notice given under regulation 62(4), specifying the grounds of appeal.
(2) The registration officer shall forward any such notice to the appropriate county court together with a statement of the material facts which in his opinion have been established in the case, of his decision upon the whole case and on any point which may be specified as a ground of appeal.
(3) Where it appears to the registration officer that any notices of appeal given to him are based on similar grounds, he shall inform the 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
64. Where the appointment of a proxy is cancelled by notice given to the registration officer under section 8(9) of the 1985 Act(10) or ceases to be in force under that provision or is no longer in force under section 8(10)(b) of that Act, the registration officer shall—
(a)notify the person whose appointment as proxy has been cancelled, ceases to be or is no longer in force, unless the registration officer has previously been notified by that person that he no longer wishes to act as proxy; and
(b)remove his name from the record kept under section 6(3)(c) of that Act.
Modifications etc. (not altering text)
C10Reg. 64 applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 79
65.—(1) The registration officer may, at such times as he thinks fit, make inquiries of a person who is shown in the record kept under section 6(3) of the 1985 Act(11) by virtue of an application under that section on the grounds set out in paragraph (b) or (c) of section 6(2).
(2) In the case of a person who is shown in the record kept under section 6(3) of the 1985 Act by virtue of an application under that section on the grounds set out in section 6(2)(c), the registration officer shall make the inquiries referred to in paragraph (1) not later than three years after the granting of the application or the last such inquiries, as the case may be.
(3) The registration officer may treat the failure by a person of whom inquiries have been made to respond to such inquiries within one month of the date on which they were made as sufficient evidence of a material change in circumstances.
66.—(1) The registration officer shall, on request, supply free of charge a copy of the list kept under sections 7(4) and 9(9) of the 1985 Act(12) to each candidate at a parliamentary election or his election agent.
(2) The registration officer shall make available for inspection at his office a copy of the records kept under sections 6(3) and 9(6) of the 1985 Act(13).
[F39(2A) The registration officer must not make available for inspection under paragraph (2) a copy of any record relating to—
(a)a person who has an anonymous entry; or
(b)the proxy of a person who has an anonymous entry.]
(3) As soon as practicable after the sixth day before the day of the poll (calculated in accordance with regulation 61(5)) the registration officer shall publish the lists kept under sections 7(4) and 9(9) of the 1985 Act by making a copy of them available for inspection at his office.
Textual Amendments
F39Reg. 66(2A) inserted (15.9.2014) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2014 (S.I. 2014/1808), regs. 1(1), 21
Modifications etc. (not altering text)
C11Reg. 66 applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 80
67. To indicate that an elector or his proxy is entitled to vote by post and is for that reason not entitled to vote in person, the letter “A” shall be placed against the [F40entry] of that elector in any copy of the register, or part of it, provided for a polling station.
Textual Amendments
F40Word in reg. 67 substituted (15.9.2014) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2014 (S.I. 2014/1808), regs. 1(1), 13
68.—(1) The form of certificate in Form F is prescribed for the purposes of rule 32(3) of the elections rules.
(2) The prescribed officer of police for those purposes is a member of the Police Service of Northern Ireland of or above the rank of chief inspector.
69.—(1) The form of the corresponding number list to be prepared by the returning officer under rule 19A(14) of the elections rules shall be in Form G.
(2) The form of the corresponding number list to be prepared by the returning officer for the purposes of rules 29(3)(e)(15) and 37(1)(c)(16)of the elections rules shall be in Form H.
(3) The form of the corresponding number list to be prepared by a returning officer under rule 19A of the elections rules, when a parliamentary election is combined with another poll under section 15 of the 1985 Act(17) shall be in Form J.
(4) The form of the corresponding number list to be prepared by a returning officer for the purposes of rules 29(3)(e) and 37(1)(c) of the elections rules, when a parliamentary election is combined with another poll under section 15 of the 1983 Act shall be in Form K.
1985 c. 50; sections 6, 7, 8 and 9 were amended by Schedule 6 to the 2000 Act; sections 6 and 7 were amended by section 3 of the 2002 Act (c.13) and paragraph 134 of Schedule 1 to the 2006 Act (c.22) also amended section 6. Section 8(5) was also amended by S.I. 2005/3129. Section 9(11A) was inserted by section 38(5) of the 2006 Act.
Sections 6(1)(ba) to (bc) and 7(1)(ba) to (bc) were inserted by section 3 of the 2002 Act (c.13).
Section 6(2)(b) was amended by paragraph 134 of Schedule 1 to the 2006 Act (c.22).
S.I. 1992/3204 (N.I. 20); the definitions of “residential care home” and “nursing home” have been amended by Schedule 9 to S.I. 1995/755 (N.I.2).
Section 6(2)(c) was amended by Schedule 6 to the 2000 Act and S.I.2005/3129.
1983 c. 2; section 58 was substituted by Schedule 4 to the Miscellaneous Provisions Act 2006.
Section 8(9) was substituted by Schedule 6 to the 2000 Act (c.2).
Section 6(3) was amended by Schedule 6 to the 2000 Act.
1985 c. 50. Sections 7(4) and 9(9) were amended by Schedule 6 to the 2000 Act.
Section 6(3) and 9(9) were amended by Schedule 6 to the 2000 Act.
1983 c.3; rule 19A was inserted by section 31 of the 2006 Act (c.22).
Sub-paragraph (e) of rule 29(3) was inserted by section 31 of the 2006 Act.
Rule 37(1)(c) was amended for Northern Ireland by paragraph 90 of Schedule 1 to the 2006 Act.
1985 c.50; section 15 was amended by section 3 of the European Communities (Amendment) Act 1986 (c.58), section 3(2) of the Elections Act 2001 (c.7) and paragraph 7 of Schedule 7 to the Local Government Act 2003 (c.26).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: