PART 2Review of registration entitlement of relevant citizens of the Union in Northern Ireland
CHAPTER 1Interpretation
Interpretation of Part 2 I13
In this Part—
“notification of possible removal” has the meaning given by regulation 8(2);
“relevant person” means a relevant citizen of the Union6 (“C”) who meets either of the following conditions—
- a
that, on the coming into force of this Part, C—
- i
is registered in a register of local electors in Northern Ireland, or
- ii
is a person whom the Chief Electoral Officer is required to enter in such a register in accordance with section 13A of the 1983 Act, or
- i
- b
that C has submitted an application under section 13A(1)(a) of the 1983 Act for registration in a register of local electors before the coming into force of this Part, and that application is granted on or after the coming into force of this Part;“revised registration criteria” means the criteria for registration set out in section 4(3)(c) of the 1983 Act7.
- a
Meaning of “address” in specified circumstances I24
1
This regulation applies where a relevant person is registered pursuant to—
a
a declaration of local connection under section 7B of the 1983 Act8,
b
an application for anonymous entry under section 9B9 of the 1983 Act, or
c
a service declaration10.
2
Where this regulation applies, references in this Part to the relevant person’s address are to—
a
for a person who has made a declaration of local connection, the address stated by the person in that declaration pursuant to section 7B(3)(a)(i) of the 1983 Act, or the address of the Chief Electoral Officer’s office (as the case may be);
b
for a person who is registered pursuant to an application for anonymous entry, the address given pursuant to regulation 27(1)(b) or 38A(6) of the 2008 Regulations (as the case may be);
c
for a person who is registered pursuant to a service declaration, the address stated in the service declaration.
CHAPTER 2Review of registration entitlement of relevant citizens of the Union in Northern Ireland
Duty to determine whether relevant citizens of the Union satisfy the revised registration criteria I35
1
2
Subject to paragraphs (3) and (4), the Chief Electoral Officer must make the determination by the end of 31st January 2025.
3
Paragraph (2) does not apply where at the end of 31st January 2025—
a
the Chief Electoral Officer has requested information from a relevant person under regulation 10, and the date for response specified in that request has not yet passed,
b
the 14-day period within which the relevant person may require a review hearing following notification from the Chief Electoral Officer pursuant to regulation 12 has not yet expired, or
c
the relevant person has required a hearing pursuant to regulation 12(4), and—
i
the review has not yet been heard, or
ii
the review has been heard but the subject of the review has not been notified of the outcome of the review,
and in consequence the Chief Electoral Officer has not made a determination.
4
Where paragraph (3) applies, the Chief Electoral Officer must make the determination specified in paragraph (1) as soon as reasonably practicable after 31st January 2025.
5
Nothing in this Chapter prevents the Chief Electoral Officer from reviewing the eligibility of a relevant person to be or to remain registered in accordance with section 10A of the 1983 Act for reasons other than that they are a relevant person.
Procedure for reviewing entitlement to registration – data-based review I46
1
The Chief Electoral Officer must in the case of each relevant person conduct a review to determine whether they continue to be a person who satisfies the revised registration criteria.
2
As part of a review under paragraph (1), the Chief Electoral Officer may consider (amongst other things) any information provided in accordance with regulation 27(1)(caa)11 of the 2008 Regulations as part of an application received from a relevant person pursuant to section 13A(1)(a) of the 1983 Act.
Procedure for reviewing entitlement to registration – correspondence-based review I57
1
Subject to paragraph (2), where the Chief Electoral Officer is not satisfied following a review under regulation 6 that a relevant person satisfies the revised registration criteria, the Chief Electoral Officer must—
a
give notice to that person containing the information specified at paragraph (3) (a “first review notice”), and
b
enter the review in the list kept pursuant to regulation 37 of the 2008 Regulations.
2
Where the relevant person is registered pursuant to—
a
a declaration of local connection under section 7B of the 1983 Act,
b
an application for anonymous entry under section 9B of the 1983 Act, or
c
a service declaration,
and the date on which the relevant person’s entitlement to remain registered under (as the case may be) section 7C, 9C or 15 of the 1983 Act12 expires is before the end of 31st January 2025, paragraph (1) is to be read as if for “must” there were substituted “may”
.
3
A first review notice must—
a
explain that the criteria under section 4(3) to (6) of the 1983 Act by which a citizen of a member State is eligible to be registered in the register of local electors have changed,
b
state that the Chief Electoral Officer is not satisfied that the relevant person remains entitled to be registered, and the grounds for the Chief Electoral Officer’s opinion,
c
specify any further information relating to whether that person satisfies the revised registration criteria that the Chief Electoral Officer requests the relevant person to provide,
d
provide information on how the relevant person may respond to the request for information, and
e
state that it is an offence to provide false information to the Chief Electoral Officer, and the maximum penalty for that offence.
4
Paragraph (5) applies where—
a
the Chief Electoral Officer gives a first review notice to a relevant person, and
b
that person does not respond within a reasonable time from the date on which that notice is given.
5
The Chief Electoral Officer must give a further notice to the relevant person, setting out the same information as at paragraph (3) (a “second review notice”).
6
Subject to paragraph (7), a first or second review notice may be given to a relevant person either—
a
by sending it to the person’s address, or
b
by electronic means.
7
Where the first review notice was given to a relevant person by electronic means, the second review notice must be sent to the person’s address.
8
The Chief Electoral Officer may contact the relevant person, either by telephone or by visiting the address to which a first or second review notice was delivered, in order to—
a
obtain information requested in the notice, or
b
encourage the relevant person to provide the information requested.
Notification of possible removal in the event of non-response I68
1
Paragraph (2) applies where—
a
the Chief Electoral Officer has given a second review notice to a relevant person, and
b
the relevant person has not responded within a reasonable time from the date on which that notice was given.
2
The Chief Electoral Officer must send a notice to the relevant person (a “notification of possible removal”) which must—
a
include the information set out in regulation 7(3),
b
state the date of issue of the notice, and
c
state that if within 14 days beginning with the date of issue the Chief Electoral Officer has not received the information requested—
i
the Chief Electoral Officer may determine the review and remove the person’s entry from the register, and
ii
the relevant person would not be entitled to appeal against the Chief Electoral Officer’s determination.
3
A notification of possible removal must be delivered to the relevant person by paper communication to the person’s address, accompanied by a pre-addressed reply envelope, return postage of which must be prepaid.
Requirement to attempt personal contact with relevant person I79
1
This regulation applies where—
a
the Chief Electoral Officer has issued a notification of possible removal to a relevant person,
b
the relevant person is not registered pursuant to—
i
a declaration of local connection under section 7B of the 1983 Act,
ii
an application for anonymous entry under section 9B of the 1983 Act, or
iii
a service declaration,
c
the relevant person has not responded to the notification of possible removal, and
d
the Chief Electoral Officer has not previously attempted to contact the relevant person by telephone or by visiting the address.
2
Where this regulation applies, within 7 days beginning with the date of issue of the notification of possible removal, the Chief Electoral Officer must attempt to contact the relevant person, either by telephone or by visiting the address, in order to—
a
obtain information requested in the notification, or
b
encourage the relevant person to provide the information requested.
3
Where this regulation applies, the Chief Electoral Officer must not determine that the relevant person has ceased to satisfy the registration criteria before that Officer has attempted to contact the relevant person in accordance with paragraph (2).
Request for further information I810
1
Paragraph (2) applies where—
a
the Chief Electoral Officer has sent a first or second review notice or notification of possible removal to the relevant person, and
b
the relevant person has responded.
2
If the Chief Electoral Officer requests further information from the relevant person for the purposes of the determination under regulation 5(1), the request must state that if by a specified date that is a reasonable time after the request was issued the Chief Electoral Officer has not received the information requested—
a
the Chief Electoral Officer may determine the review and remove the person’s entry from the register, and
b
the relevant person would not be entitled to appeal against the Chief Electoral Officer’s determination.
Confirmation of continued registration following review I911
1
Where, in accordance with this Chapter, the Chief Electoral Officer determines that a relevant person satisfies the revised registration criteria, the Chief Electoral Officer must—
a
send a confirmation notice to that person in accordance with paragraph (2), and
b
mark that person’s name in accordance with regulation 51(3A) of the 2008 Regulations13.
2
A confirmation notice under paragraph (1) must—
a
be sent to the person’s address, or by electronic means,
b
state that the criteria under section 4(3) to (6) of the 1983 Act by which a citizen of a member State is eligible to be registered in the register of local electors have changed, and
c
state that the Chief Electoral Officer has determined that the relevant person satisfies those criteria.
Procedure for removal following response to communications I1012
1
This regulation applies where—
a
b
the Chief Electoral Officer is not satisfied that the relevant person satisfies the revised registration criteria.
2
The Chief Electoral Officer must send a notice to the relevant person’s address, which must—
a
state the date of issue of the notice,
b
advise that the criteria under section 4(3) to (6) of the 1983 Act by which a citizen of a member State is eligible to be registered in the register of local electors have changed,
c
state that the Chief Electoral Officer is of the opinion that the relevant person does not satisfy the revised registration criteria, and the grounds for the Chief Electoral Officer’s opinion,
d
state that if the relevant person does not within 14 days beginning with the date of issue notify the Chief Electoral Officer that the relevant person requires a review hearing—
i
the Chief Electoral Officer may determine the review and remove the relevant person’s entry from the register, and
ii
the relevant person would not be entitled to appeal against the Chief Electoral Officer’s determination in those circumstances, and
e
state that after 14 days beginning with the date of issue, the relevant person can contact the Chief Electoral Officer to find out if the Chief Electoral Officer has removed the relevant person’s entry from the register.
3
Subject to paragraph (4), where the Chief Electoral Officer has delivered the notice under paragraph (2), that Officer may determine that the relevant person does not satisfy the revised registration criteria and (if such a determination is made) remove the relevant person’s entry from the register.
4
The Chief Electoral Officer may not make a determination under paragraph (3) if, within 14 days beginning with the date of issue of the notice mentioned in that paragraph, the relevant person notifies the Chief Electoral Officer that the person requires a hearing.
Notification of outcome of reviews I1113
1
This regulation applies where the Chief Electoral Officer has sent a notice to a relevant person’s address under regulation 12(2).
2
If, within 14 days beginning with the date of issue of the notice, the relevant person requires the review to be heard the Chief Electoral Officer must notify the relevant person in writing of the outcome of the review hearing and when doing so—
a
state whether there is a right of appeal under section 58(1)(b) of the 1983 Act,
b
specify the time within which any notice of appeal under that section must be given (in accordance with regulation 39(2) of the 2008 Regulations), and
c
provide such other information about the appeal as the Chief Electoral Officer considers necessary.
3
If the relevant person does not within those 14 days require the review to be heard—
a
the Chief Electoral Officer may notify the person of the outcome of the review, and
b
if the Chief Electoral Officer makes in relation to that person a determination pursuant to regulation 12(3), that Officer may inform the person that (in accordance with section 58(2)(a) of the 1983 Act) there is no right of appeal against that determination.
Confirmation of ceased registration following non-response to communications I1214
1
This regulation applies where a relevant person does not respond—
a
to a notification of possible removal within the period of 14 days beginning with the date of issue of that notification, or
b
to a request for further information under regulation 10(2) following a notification of possible removal, by the date specified in that request.
2
Where this regulation applies—
a
the Chief Electoral Officer may determine that the relevant person does not satisfy the revised registration criteria, and
b
if the Chief Electoral Officer does so, that Officer must—
i
send to the relevant person’s address a notification containing the information set out in paragraph (3), and
ii
remove the relevant person’s entry from the register.
3
A notification under paragraph (2) must—
a
advise that the criteria under section 4(3) to (6) of the 1983 Act by which a citizen of a member State is eligible to be registered in the register of local electors have changed,
b
state that the Chief Electoral Officer has determined that the relevant person does not satisfy those criteria, and the Chief Electoral Officer’s reasoning for that determination,
c
state that there is no right of appeal against that determination,
d
state that the relevant person’s entry has accordingly been removed from the register and that the person may apply to register again if they consider they are eligible to do so, and
e
be accompanied by an electoral registration application form and by a pre-addressed reply envelope, return postage of which must be pre-paid.
CHAPTER 3Supplementary provisions for Chapter 2
Applications to register during correspondence-based review I1315
1
This regulation applies where the Chief Electoral Officer receives an application from a relevant person pursuant to section 13A(1)(a) of the 1983 Act—
a
following the sending to that relevant person in accordance with Chapter 2 of a first or second review notice, notification of possible removal or request for further information, and
2
The Chief Electoral Officer must treat information provided within the application in accordance with regulation 27(1)(caa)14 of the 2008 Regulations as a response to a review notice, notification of possible removal or request for information (as the case may be).