The Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend enactments relating to registration to vote in Northern Ireland elections.

Regulation 2 amends the Representation of the People Act 1983 to enable individuals to register online to vote in Parliamentary elections in Northern Ireland through the UK digital service. The amendments confer the function of acting as an intermediary for the Chief Electoral Officer for Northern Ireland on the Minister of the Crown responsible for providing the UK digital service and enable the use of electronic communications and storage in relation to that role and the exercise of that Minister’s other functions relating to the registration of voters in Northern Ireland. In an application submitted through the UK digital service, the online submission of the application including the declaration provided for by regulation 15(5) replaces the usual signature requirement. Provision is made for a digital registration number to be allocated to every applicant who has applied through the UK digital service who the Chief Electoral Officer determines is entitled to be registered and for notification of that number to the applicant.

The procedure at the counting of the votes is amended so that the signature on the declaration of identity of each postal voter must match the signature provided in the individual’s application for an absent vote. Provision is made for an exemption from this requirement for those who applied for registration through the UK digital service where a determination has been made that it is not reasonably practicable for the applicant to sign in a consistent and distinctive way.

Regulation 3 amends the Representation of the People Act 1985 in relation to applications for an absent vote at Parliamentary elections to provide that, in the case of an individual registered through the UK digital service, the application must include the digital registration number allocated to the individual.

Part 3 (regulations 4 to 8) makes amendments of corresponding effect to enactments concerning local elections, Northern Ireland Assembly elections and Recall of MPs petitions.

Part 4 (regulations 9 to 21) amends the Representation of the People (Northern Ireland) Regulations 2008.

Regulation 15(5) provides for the replacement of the existing requirement in an application for registration for a declaration confirming the truth of the particulars given and that the applicant has the necessary citizenship for the election in question with a requirement to give the applicant’s nationality and a new declaration confirming the identity of the applicant and that the information given in the application and any accompanying declaration is true. The declaration must be read out to any applicant who is unable to read it and it may be completed on behalf of the applicant in the applicant’s presence by someone of at least 18 years of age if the applicant is unable to do so. Regulation 15(9) provides for a statement reminding applicants of the offence of providing false information in applications for registration to be included on forms of application for registration.

The other provisions of Part 4 provide for: the use of email to be allowed for certain communications; a staff number, payroll number or other identifying number to be included in a service declaration; the removal of transmission requirements applicable to service declarations; the removal of the requirement for attestation of overseas elector’s declarations; reasons to be given where an applicant for registration cannot provide a National Insurance number; information obtained in connection with an application for registration to be retained until such time as the Chief Electoral Officer considers that it is not required; the list of applications for registration to be inspected by objectors instead of the applications themselves; verification of applications for registration using certain government databases; the use of the UK digital service for notification of changes of addresses to other registration officers; and other technical amendments.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.