The Representation of the People (Northern Ireland) Regulations 2008

Supply to processor and offences N.I.

Supply of register to processor N.I.

113.—(1) In this Part, “processor” means a person who provides a service which consists of putting information into the form of data or processing information in such a form and any reference to a processor includes a reference to his employees.

(2) Any person who has obtained a copy of the full register under any of regulations 99, 100, 102, 104, 105, 107, 111 and 112 may supply a copy of the full register to a processor.

(3) A processor must not supply a copy of the full register or disclose information contained in it (and not contained in the edited register) except to—

(a) the person who supplied the register to him, or

(b) any person who is entitled to obtain a copy of the full register under this Part or the employee of such a person.

Offences in respect of contravention of [F1 Part 3 or] Part 6 N.I.

114.—(1) A person is guilty of an offence—

(a) if he contravenes any of the provisions specified in paragraph (2), or

(b) if he is an appropriate supervisor of a person (P) who fails to comply with any of those provisions and he failed to take appropriate steps.

(2) Those provisions are regulations [F2 53B(3), 53C(3),] 94(3), 95(3) and (4), 97(2) and (3),98(3) and (5), 99(3)and (4), 100(7), 102(3) and (4), 103(3), 104(4) and (5), 105(3) and (5), 106(3) and (4), 107(3) and (4), 110(4) and (5), 111(5) and (6) [F3 , 112A(3)] and 113(3).

(3) P is not guilty of an offence under paragraph (1) if—

(a) he has an appropriate supervisor, and

(b) he has complied with all the requirements imposed on him by his appropriate supervisor.

(4) A person who is not P or an appropriate supervisor is not guilty of an offence under paragraph (1) if he takes all reasonable steps to ensure that he complies with the provisions specified in paragraph (2).

(5) In paragraphs (1)(b) and (3)—

(a) an appropriate supervisor is a person who is a director of a company or concerned in the management of an organisation in which P is employed or under whose direction or control P is;

(b) appropriate steps are such steps as it was reasonable for the appropriate supervisor to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of a failure to comply with the provisions in paragraph (2).

(6) A person guilty of an offence as mentioned in paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Textual Amendments

F1 Words in reg. 114 heading inserted (15.9.2014) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2014 (S.I. 2014/1808), regs. 1(1), 31(2)

F2 Words in reg. 114(2) inserted (15.9.2014) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2014 (S.I. 2014/1808), regs. 1(1), 31(3)

F3 Words in reg. 114(2) inserted (18.7.2013) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2013 (S.I. 2013/1846), regs. 1(1), 4(2)