The Representation of the People (Northern Ireland) Regulations 2008

[F1 Overseas electors: power to require additional evidence as to declaration of local connection N.I.

27ZE.— (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 their previous registration, or their last registration in the register otherwise than as an overseas elector, was in pursuance of a declaration of local connection, 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) This regulation also 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 section 1A(3)(b)(ii) of the 1985 Act (previous residence condition: declaration of local connection), and

(c) the registration officer considers that additional evidence is necessary to be satisfied that, on the last day on which the applicant was resident in the United Kingdom, the applicant could have made a declaration of local connection.

(3) 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 necessary, the original of, any document which—

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

(ii) confirms that section 7B of the 1983 Act (notional residence: declarations of local connection) applied to the applicant on the last day on which the applicant was resident in the United Kingdom;

(b) an attestation which—

(i) confirms the basis on which the applicant met the local connection requirement,

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

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

(4) The local connection requirement is that—

(a) where it is indicated that section 7B(2)(a) of the 1983 Act applied to the applicant on the last day on which the applicant was resident in the United Kingdom—

(i) the applicant was a patient in a mental hospital, and

(ii) section 3A of the 1983 Act (disenfranchisement of offenders detained in mental hospitals)(1) and section 7A of the 1983 Act (residence: persons remanded in custody etc.)(2) did not apply to the applicant;

(b) where it is indicated that section 7B(2)(b) of the 1983 Act applied to the applicant on the last day on which the applicant was resident in the United Kingdom—

(i) the applicant was detained at any place pursuant to a relevant order or direction, and

(ii) the applicant was so detained otherwise than after being convicted of any offence or a finding in criminal proceedings that the applicant did the act or made the omission charged;

(c) where it is indicated that section 7B(2)(c) of the 1983 Act applied to the applicant on the last day on which the applicant was resident in the United Kingdom, the applicant was—

(i) a homeless person, and

(ii) not in legal custody.

(5) For the purposes of paragraph (4), it is to be assumed that—

(a) sections 3A and 7A of the 1983 Act were in force at any relevant time, and

(b) section 7B of the 1983 Act was in force on the last day on which the applicant was resident in the United Kingdom.

(6) In this regulation—

“homeless person” has the same meaning as in section 7B(2)(c) of the 1983 Act;

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

“a relevant order or direction” has the same meaning as in section 7A(6) 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)

1983 c. 3; section 13BA was inserted by section 6 of the Miscellaneous Provisions Act 2006.

(2)

Paragraph 1(4B) of Schedule 2 to the 1983 Act was inserted by section 7 of the Miscellaneous Provisions Act.