The Representation of the People (Northern Ireland) Regulations 2008

[F1 Overseas electors: power to require additional evidence as to previous registration in pursuance of a service declaration, residence as a merchant seaman or an overseas elector’s declaration N.I.

27ZD.— (1) This regulation applies where—

(a) the registration officer is permitted by regulation 27ZB(6) to proceed under this regulation,

(b) the application is made in reliance on the previous registration condition,

(c) the applicant has indicated that—

(i) their previous registration, or their last registration in the register otherwise than as an overseas elector, was in pursuance of a service declaration, or

(ii) their previous registration, or their last registration in the register otherwise than as an overseas elector, was in pursuance of residence determined in accordance with section 6 of the 1983 Act (residence: merchant seamen)(1), and

(d) the registration officer considers that additional evidence is necessary to be satisfied that the applicant was previously registered in respect of the address claimed as the qualifying address.

(2) The registration officer may require the applicant to provide either or both of the following—

(a) a copy of, or, where the registration officer considers it appropriate, the original of, any document which—

(i) bears the full current or previous name of the applicant, and

(ii) confirms that the applicant met the registration status requirement in paragraph (3);

(b) an attestation which—

(i) confirms the basis on which the applicant met the registration status requirement in paragraph (3),

(ii) indicates the dates between which, to the best of the attestor’s knowledge, the applicant met the requirement, and

(iii) meets the general attestation requirements in regulation 27ZH(1).

(3) The registration status requirement is that the applicant—

(a) where paragraph (1)(c)(i) applies, had a service qualification, or

(b) where paragraph (1)(c)(ii) applies, was a merchant seaman within the meaning of section 6 of the 1983 Act.

(4) Paragraph (5) applies where the applicant indicates that they were eligible to make a service declaration because they were the spouse or civil partner of a person (“D”) mentioned in section 14(1)(a), (b) or (c) of the 1983 Act(2).

(5) In addition to or instead of requiring evidence in accordance with paragraph (2)(a), the registration officer may require the applicant to provide the registration officer with a copy of, or, where the registration officer considers it appropriate, the original of, either of both of the following—

(a) a document which—

(i) bears D’s full current or previous name, and

(ii) confirms D’s service qualification under section 14(1) of the 1983 Act;

(b) a document which—

(i) bears D’s full current or previous name, and

(ii) confirms that D was, at the time the document was issued, the applicant’s spouse or civil partner.

(6) In this regulation—

“previous registration” means the registration referred to in section 1A(2)(a) of the 1985 Act;

“service qualification” has the same meaning as in section 14(1) of the 1983 Act.]

Textual Amendments

F1 Regs. 27ZA-27ZI 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), 14 (with reg. 27(1))

(1)

Section 4 was substituted by section 1(2) of the 2000 Act.

(2)

1983 c.2; section 58 was substituted by Schedule 4 to the Miscellaneous Provisions Act 2006 (c.33).