- Latest available (Revised)
- Point in Time (20/06/2016)
- Original (As made)
Version Superseded: 07/03/2018
Point in time view as at 20/06/2016. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
The Representation of the People (Northern Ireland) Regulations 2008, Section 38D is up to date with all changes known to be in force on or before 01 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
38D.—(1) An attestation within the meaning of this regulation is prescribed for the purposes of regulation 38A(3)(a).
(2) The attestation must—
(a)certify that the safety of the applicant, or of another named person of the same household as the applicant, would be at risk if the register contained the name of the applicant or the applicant’s qualifying address,
(b)state the date on which it is made, and
(c)be in writing and signed by a qualifying officer.
(3) The attestation must state the period for which it has effect, being a period of between one and five years beginning with the date on which the attestation is made.
(4) Qualifying officer means—
(a)a police officer of or above the rank of superintendent of the Police Service of Northern Ireland;
(b)a police officer of or above the rank of superintendent of any police force in England and Wales;
(c)a police officer of or above the rank of superintendent of the Police Service of Scotland;
(d)the Director General of the Security Service;
(e)the Director General of the National Crime Agency;
(f)any director of adult social services in England within the meaning of section 6(A1) of the Local Authority Social Services Act 1970;
(g)any director of social services in Wales within the meaning of section 6(1) of the Local Authority Social Services Act 1970;
(h)any director of children’s services in England within the meaning of section 18 of the Children Act 2004;
(i)any chief social work officer in Scotland within the meaning of section 3 of the Social Work (Scotland) Act 1968;
(j)the director of social care and children of the Regional Health and Social Care Board established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009;
(k)any executive director of social work of a Health and Social Services Trust established under article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991(1).]
Textual Amendments
F1Regs. 38A-38E inserted (15.9.2014) by The Representation of the People (Northern Ireland) (Amendment) Regulations 2014 (S.I. 2014/1808), regs. 1(1), 10
Modifications etc. (not altering text)
C1Reg. 38D applied (15.9.2014) by S.I. 2001/1184, reg. 9, Sch. Pt. 2 (as inserted by S.I. 2014/1803, regs. 1(1), 8(3)(a))
Section 2 was substituted by paragraph 3 of Schedule 2 to the 2000 Act (c.2).
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
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: