PART 6AF1Supply of date of birth lists to police and pursuant to a court order

Annotations:

Court orders for production of date of birth lists 114C

1

The High Court, a county court or an election court may make an order for the inspection or production of a date of birth list, if satisfied by evidence on oath that the order is required for the purposes of—

a

instituting or maintaining a prosecution in relation to an election, or

b

an election petition.

2

An order under paragraph (1) may be made subject to conditions, including conditions relating to—

a

the persons who may inspect the list or to whom the list may be produced,

b

the time of inspection or production, and

c

the place and mode of inspection or production.

3

An appeal lies to the High Court from any order of a county court under paragraph (1).

4

A power to make an order under paragraph (1)—

a

in the case of a power of the High Court, may be exercised by any judge of the court otherwise than in open court, and

b

in the case of a power of a county court, may be exercised in such manner as may be provided by rules of court.

5

Where an order is made for the production of a date of birth list relating to a specified election, the production of the list in the manner directed by the order is to be conclusive evidence that the list relates to the specified election.

6

A third party who has inspected a date of birth list or to whom a date of birth list has been produced pursuant to an order under paragraph (1) may not—

a

supply the list, or a copy of it, to any person,

b

disclose any information contained in it, or

c

make use of any such information,

otherwise than for the purposes of the proceedings in relation to which the order was made22.

7

The restrictions in paragraph (6) apply to a person—

a

to whom a date of birth list (or copy) has been supplied under that paragraph, or

b

to whom information in such a list has been disclosed under that paragraph,

as they apply to the third party to whom the list was first supplied.

8

In this regulation, “third party” means a person other than a person to whom the Chief Electoral Officer for Northern Ireland may delegate functions.