The Representation of the People (Northern Ireland) Regulations 2008

SCHEDULE 1 N.I. ENABLING POWERS

These Regulations are made under the following powers:

(a) section 7(3)(aa), 7A(3)(aa), 7C(2)(aa)(1), 10A(5)(b)(2), (7) and (9), 13A(6)(3),13BA(4), 13(C)(2)(5), 15(2)(aa)(6), 53(7) and 201(1) and (3)(8) of, rule 24(9), 37(1F)(10)and 57(11)of Schedule 1 and Schedule 2(12) to, the Representation of the People Act 1983;

(b) section 2(2)(aa), 3(5), (6) and (7)(13) of the Representation of the People Act 1985;

(c) having regard to the definition of “prescribed” in section 202(1) of the 1983 Act, sections 4(4)(14), 9(2)(15), 10A(1) and (3), 13(3), 13A(1)(a) and (2)(16), 14(1) (17), 16(18), 58(2)(a), (b) and (6)(a)(19), 75(3) and 89(1)(20) of the 1983 Act, and rules 19A(21), 24, 28(3) (22), 29(3A)(23) and 32(3) in Schedule 1 to, that Act;

(d) having regard to the definition of “prescribed” in section 202(1) of the 1983 Act and section 27(2)(24) of the 1985 Act, section 2(3)(25), 6(1) and (5)(26), 7(1) and (3)(27), 8(6) and (7)(28) and 9(4), (7) and (8)(29) and section 15(5) of the 1985 Act;

(e) having regard to the designation(30) of the Secretary of State for the purposes of section 2(2) of the European Communities Act 1972(31) in relation to measures relating to the rights of citizens of the Union to vote at European Parliamentary elections and local elections in Northern Ireland, that section 2(2);

(f) section 7(3) and (4) of the European Parliamentary Elections Act 2002 (32); and

(g) section 42 of the Electoral Administration Act 2006.

In the case of the 1983 Act, the provisions cited include those provisions as applied with modifications by section 2(1) of, and Schedule 1 to, the 1989 Act(33).

Regulation 2

SCHEDULE 2 N.I. REVOCATIONS

1- Regulations	2- References	3- Extent of Revocation
The Representation of the People (Northern Ireland) Regulations 2001	S.I.2001/400	The whole Regulations
The Representation of the People (Northern Ireland)(Amendment) Regulations 2001	S.I.2001/1877	The whole Regulations
The Representation of the People (Northern Ireland)(Amendment) Regulations 2002	S.I.2002/1873	The whole Regulations
The Local and European Parliamentary Elections (Registration of Citizens of Accession States) 2003	S.I.2003/1557	Paragraph 4 of Schedule 2 to the Regulations
The Nursing and Midwifery Order 2001 (Consequential Amendments) Order 2002	S.I.2002/881	Paragraph 22 of the Schedule to the Order
The Representation of the People (Form of Canvass)(Northern Ireland) Regulations 2003	S.I.2003/1942	The whole Regulations
The Money Laundering Regulations 2003	S.I.2003/3075	Paragraph 6 of Schedule 2 to the Regulations
The Health Act 1999 (Consequential Amendments)(Nursing and Midwifery) Order 2004	S.I.2004/1771	Paragraph 27 of the Schedule to the Order
The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005	S.I.2005/2114	Paragraph 1 of Schedule 9 to the Order
The Representation of the People (Northern Ireland)(Amendment) Regulations 2007	S.I.2007/1612	The whole Regulations

Regulation 4

SCHEDULE 3 N.I. FORMS

ARRANGEMENT OF FORMS N.I.

Form A:	Elector’s official poll card
Form B:	Proxy’s official poll card
Form C:	Return of expenses required by section 75 of the 1983 Act
Form D:	Declaration as to expenses required by section 75 of the 1983 Act
Form E:	Proxy paper
Form F:	Certificate of employment
Form G:	Form of Corresponding Number List for use at parliamentary election taken alone
Form H:	Form of Corresponding Number List for use in polling station at parliamentary election taken alone
Form J:	Corresponding Number List for use when parliamentary election combined with a relevant election
Form K:	Corresponding Number List for use in polling station when parliamentary election combined with a relevant election
Form L:	Declaration of Identity
Form M:	Declaration of Identity (combined polls)
Form N:	Statement as to postal ballot papers

Regulation 14

SCHEDULE 4 N.I. APPLICATION WITH MODIFICATIONS OF PROVISIONS OF THE 1983 AND 1985 ACTS FOR REGISTRATION OF EUROPEAN PARLIAMENTARY OVERSEAS ELECTORS

1 Provision applied	2 Modification
PART 1: THE 1983 ACT
Section 4(5) (attainers)(34)
Section 9 (register of electors)(35)	In subsection (1)(a) omit “for each constituency or part of a constituency”. In subsection (2) omit “subject to section 9B(3) below”. Omit subsection (2)(b). Omit subsections (5) to (8).
Section 13 (publication of registers)(36)	For subsection (1) to (3) substitute: “(1) Where a register under section 3 of the 1985 Act is in force, a revised version of it shall be published when a revised version of the registers of parliamentary and local government electors is published under this section as it has effect for the purposes of such registers”. In subsection (5) omit the words “, 13B or 13BA”.
Section 13A (alteration of register)(37)	In subsection (2)(b) omit the words “(subject to sections 13B(1) and 13BA(1) below)”. In subsection (3)(a) omit “or 3”. In subsection (3)(b) for “section 13(1)(a)” substitute “section 13(1)”. Omit subsection (4). In subsection (5) omit “and section 13B or 13BA below”.
Section 50 (effect of misdescription)	For paragraphs (a), (b) and (c) substitute “in the register”.
Section 52 (discharge of registration duties)(38)	In subsections (1), (2) and (4) after the word “Act” insert “and regulation 14 of the Representation of the People (Northern Ireland) Regulations 2008.”
Section 54 (payment of expenses of registration)(39)	In subsection (1) after the word “Act” in the first place where it occurs, insert “and Regulation 14 of the Representation of the People (Northern Ireland) Regulations 2008”. Omit subsection (3).
Section 58 (registration appeals: Northern Ireland)(40)	In subsection (4) omit “and 13BA”. In subsection (5) for “,13A(2) or 13BA(6) or (9)” substitute “or 13A(2)”.
Section 63 (breach of official duty)(41)	In subsection (3)— (a) for paragraphs (a) to (d) substitute: “(a) any registration officer;” and (b) for the words from “relating to” to the end of the subsection substitute “relating to the registration of European Parliamentary overseas electors”.
PART 2: THE 1985 ACT
Section 2 (registration of British citizens overseas)(42)	In subsection (1)(a) omit “constituency or”. In paragraph (c) of subsection (2) for the words from “parliamentary” to the end of that paragraph, substitute “local electors”. In subsection (4)(a) for “section 1” substitute “section 3”. In subsection (7) for “any constituency or part of a constituency” substitute “the electoral region”. In subsection (8) for “section 1(1)(a)” substitute “section 3(1)(a)”.
In section 12 (offences as to declarations etc), subsections (1), (2) and (4)	In subsection (1)(a) for word “parliamentary” substitute “European Parliamentary”.

Regulation 27

SCHEDULE 5 N.I. Form of words about two versions of the register

(1)

1983 c.2 ; Paragraph (aa) of sections 7(3), 7A(3) and 7C(2) were inserted by section 12 of the 2006 Act (c.22).

(2)

Section 10A was inserted by section 8 of, and Schedule 1 to, the 2000 Act (c.2) and subsection (5)(b) was substituted by section 12 of the 2006 Act(c.22).

(3)

Sections 13A was inserted by section 8 of, and Schedule 1 to, the 2000 Act (c.2).

(4)

Section 13BA was inserted by section 6 of the Miscellaneous Provisions Act (c.33).

(5)

Section 13C was inserted by section 4 of the 2002 Act (c.13).

(6)

Section 15(2)(aa) was inserted by 12 of the 2006 Act.

(7)

Section 53 was amended by Schedules 4 and 5 to the 1985 Act (c.50) and Schedule 1 to the 2000 Act and subsection (4) of section 53 was inserted by paragraph 109 of Schedule 1 to the 2006 Act.

(8)

Section 201(1) was amended by paragraphs 6(1) and (7)(a) of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c.41) and section 201(3) was inserted by Schedule 1 to the 2000 Act and amended by paragraph 6(1) and (7)(d) of Schedule 21 to the Political Parties, Elections and Referendums Act 2000.

(9)

Rule 24 was substituted by paragraph 10(3) of Schedule 6 to the 2000 Act and further substituted by section 37 of the 2006 Act.

(10)

Rule 37(1F) was inserted by section 1 of the Elections (Northern Ireland) Act 1985 (c.2) for Northern Ireland. Rule 37 was substituted for England, Wales and Scotland by paragraph 75 of Schedule 1 to the 2006 Act but this provision does not extend to Northern Ireland (see paragraph 75(2)).

(11)

Paragraph (1) of rule 57 was amended by, paragraph (3) was substituted by, and paragraphs (4) to (9), of rule 57 were inserted by section 41 of the 2006 Act (c.22); paragraph (1A) was inserted by section 47 of, paragraph 95(3) of Schedule 1 to the 2006 Act and paragraph (2) was substituted by section 31 of that Act. The amendments made to rule 57 by section 70 of the 2006 Act do not extend to Northern Ireland (see section 78(2)).

(12)

Schedule 2 was amended by section 4 of, and Schedules 2 and 4 to, the 1985 Act; Schedules 1 and 6 to the 2000 Act (c.2); Paragraph 1 was amended by Schedule 16 to the Local Government (Wales) Act 1994 (c.19), Schedule 1 to the 2000 Act, section 6 of the Electoral Fraud (Northern Ireland) Act 2002 (c.13) and section 7 of the Miscellaneous Provisions Act (c.33); paragraph 2A of Schedule 2 was inserted by section 5 of the Representation of the People Act 1989 (c. 28) and amended by paragraph 24 of Schedule 1 to the 2000 Act; paragraph 3A was inserted by paragraph 24 of Schedule 1 to the 2000 Act; paragraph 4 was amended by section 4 of the 1985 Act as was paragraph 5(1A) and paragraph 5A was inserted by section 11 of , and Schedule 2 to, the 1985 Act and amended by paragraphs 3 and 11(1) and (2) of Schedule 6 to the 2000 Act; paragraph 6 was amended by Schedule 1 to the 2000 Act; paragraph 8 was substituted by Schedule 4 to the 1985 Act and amended by Schedule 1 to the 2000 Act; paragraph 9 was repealed by Schedule 4 to the 1985 Act; paragraphs 10, 10A, 10B and 11 were substituted for paragraphs 10 and 11 of the Schedule as originally enacted by the section 9 of the 2000 Act; paragraph 11A was inserted by Schedule 4 to the 1985 Act and amended by Schedule 15 to the Data Protection Act 1998 (c.29); sub-paragraph (1A) was inserted by section 7 of Miscellaneous Provisions Act (c.33); paragraph 12 was amended by Schedule 6 to the 2000 Act; sub-paragraph (aa) of paragraph 12 was inserted by paragraph 94 of Schedule 1 to the 2006 Act; and paragraph 12A was inserted by the Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp14); paragraph 13 was amended by Schedule 6 to the 2000 Act, sub-paragraph (1ZA) was inserted by section 7 of the Miscellaneous Provisions Act and sub-paragraph (1A) was inserted by section 9 of the 2000 Act. Schedule 2 was also amended by section 10 of the 2006 Act but these amendments do not extend to Northern Ireland (see section 78(2) of the 2006 Act).

(13)

1985 c.50; section 2 was substituted by Schedule 2 to the 2000 Act and subsection (2)(aa) was inserted by section 12(9) of the 2006 Act and section 3 was substituted by Schedule 2 to the 2000 Act.

(14)

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

(15)

Sections 9, 10A, 13, 13A and 13B were substituted by Schedule 1 to the 2000 Act.

(16)

Subsection (2) was amended by Schedule 4 to the Miscellaneous Provisions Act 2006.

(17)

Paragraph (e) of subsection (1) was substituted by, and paragraph (d) was amended by, Schedule 27 to the Civil Partnership Act 2004.

(18)

Section 16 was amended by Schedule 1 to the 2000 Act, S.I. 1995/1948 and section 261(1) of, and paragraph 81 of Schedule 27 to, the Civil Partnership Act 2004 (c.33).

(19)

Section 58 was substituted by Schedule 4 to the Miscellaneous Provisions Act 2006.

(20)

Subsection (1) was substituted by Schedule 18 to the Political Parties, Elections and Referendums Act 2000 (c.41).

(21)

Rule 19A was inserted by section 31(2) of the 2006 Act (c.22).

(22)

Paragraphs (3)(d) and(e) of rule 28 was inserted by section 47 of, and paragraph 70 of Schedule 1 to, the 2006 Act.

(23)

Rule 29(3A) was inserted by section 13(2) of the 2000 Act.

(24)

Subsection (2) was amended by Schedule 6 to the 2000 Act.

(25)

Section 2 was substituted by Schedule 2 to the 2000 Act.

(26)

Section 6(1) was amended for Northern Ireland by Schedules 6 and 7 of the 2000 Act and by section 3 of the 2002 Act.

(27)

Section 7(1) was amended for Northern Ireland by Schedules 6 and 7 of the 2000 Act and by section 3 of the 2002 Act.

(28)

Section 8(6) and (7) were amended for Northern Ireland by Schedules 6 and 7 of the 2000 Act.

(29)

Subsections (4), (7) and (8) were amended for Northern Ireland by Schedules 6 and 7 of the 2000 Act.

(30)

The European Communities (Designation) (No.3) Order 1993 (S.I. 1993/2661).

(31)

1972 c.68.

(32)

2002 c.24.

(33)

1989 c.3; Schedule 1 was amended by Schedule 3 to the 2000 Act (c.2), section 7 of the 2002 Act (c.13) and Schedule 4 to the Miscellaneous Provisions Act (c.33).

(34)

1983 c.2; section 4 was substituted by section 1(2) of the 2000 Act (c.2).

(35)

Section 9 was substituted by Schedule 1 to the 2000 Act. Subsection (2) was amended by paragraph 4 of Schedule 1 to the 2006 Act (c.22) but these amendments (which inserted the words “subject to section 9B(3)” do not extend to Northern Ireland. Subsection (5) was also amended by the 2006 Act but these amendments do not extend to Northern Ireland. Subsection (6) was omitted by section 9(2) of the 2006 Act but this amendment does not extend to Northern Ireland.

(36)

Sections 13 to 13B were substituted by Schedule 1 to the 2000 Act. Subsection 13(1) was substituted by section 5(1) of the Miscellaneous Provisions Act (c.33). The words “or 13BA” were inserted by Schedule 4 to the Miscellaneous Provisions Act 2006.

(37)

Subsections (1), (2), (4) and (5) were amended by Schedule 4 to the Miscellaneous Provisions Act. Subsections (2A) and (2B) were inserted by section 1 of the 2002 Act (c.13). Subsection (3) was amended by section 5 of the Miscellaneous Provisions Act. The amendments made to section 13A by section 11 of the 2006 Act do not extend to Northern Ireland.

(38)

Section 52 was amended by Schedule 4 to the 1985 Act (c.50) and subsection (1A) was inserted by Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c.41).

(39)

Section 54 was amended by Schedule 4 to the 1985 Act.

(40)

Section 58 was substituted by Schedule 1 to the 2000 Act and then, for Northern Ireland, by Schedule 4 to the Miscellaneous Provisions Act.

(41)

Section 63 was substituted by Schedule 4 to the 1985 Act. Subsection (3) was amended by section 41(8) of the 2006 Act and S.I.2001/1149. Subsections (4) and (5) were inserted by section 46(6) of the 2006 Act.

(42)

Section 2 was substituted by Schedule 2 to the 2000 Act and subsection (2)(aa) was inserted by section 12(9) of the 2006 Act.