The Representation of the People (Northern Ireland) (Amendment) Regulations 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Representation of the People (Northern Ireland) Regulations 2008 (“the 2008 Regulations”), which make provision for the registration of local and parliamentary electors and other matters concerning, for the most part, parliamentary elections in Northern Ireland.

In order to meet the registration objectives set out in section 10ZB of the Representation of the People Act 1983 (the “1983 Act”), regulations 41 and 42 of the 2008 Regulations together allow the Chief Electoral Officer to request information from such bodies as are specified. Regulation 2 of these Regulations provides for the Northern Ireland Office to be added to the list of specified bodies. This allows the Chief Electoral Officer to request that the Northern Ireland Office provide him with the following information in respect of a person: his name and former name; his address and last former address; his date of birth; his date of death; and his national insurance number.

When conducting a canvass pursuant to section 10 of the 1983 Act, the Chief Electoral Officer is required to use a form prescribed for that purpose. Regulations 3 and 5 of, and Schedule 1 to, these Regulations together prescribe this form.

Where, following a canvass, the Chief Electoral Officer is unable to satisfy himself that a person is resident at an address, he is required to remove the entry from the register. Similarly, where a returned canvass form does not contain all required information (date of birth, national insurance number, signature, confirmation of three months’ residence and other addresses at which the elector is or has applied to be registered), the Chief Electoral Officer is required to remove the entry from the register. The new regulation 46B of the 2008 Regulations (inserted by regulation 3(1) of these Regulations) permits the Chief Electoral Officer to retain such entries on the register for a period of two years after the canvass in a range of circumstances if he is satisfied that is likely that the person is resident at the address and the person’s information (name, address, date of birth, signature, national insurance number, three months’ residence and other addresses) has not changed. However, if the Chief Electoral Officer subsequently determines that a person was not at the time of the canvass entitled to be registered in respect of that address or that he has ceased to be resident at that address or has otherwise ceased to satisfy the conditions for registration, the Chief Electoral Officer can remove the person from the register before the end of the two year period.

The registration objectives in section 10ZB of the 1983 Act require the registration officer to secure, so far as reasonably practicable, that the register is accurate and complete. The Northern Ireland Statistics and Research Agency (NISRA), an Executive Agency within the Department of Finance and Personnel, is the principal source of official statistics and social research on Northern Ireland´s population and socio-economic conditions. Regulation 4 allows the Chief Electoral Officer to supply limited data about electors to NISRA, but only for the purpose of assisting the Chief Electoral Officer to meet the registration objectives or for statistical purposes. Restrictions are imposed on the use and disclosure of that information by NISRA.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.