The Representation of the People (Overseas Electors etc.) (Amendment) (Northern Ireland) Regulations 2024

Contents of overseas elector’s declaration20

1

In addition to the information required or permitted by section 1C of the 1985 Act12, an overseas elector’s declaration13 must—

a

state the present address of the person making the declaration (“the declarant”),

b

state—

i

where the declarant has a passport (current or expired) which describes the declarant as a British citizen, the number of that passport, together with its date and place of issue;

ii

otherwise—

aa

where the declarant was born in the United Kingdom before 1st January 1983, a statement as to that fact;

bb

in all other cases, a statement as to when and how the declarant acquired the status of British citizen, together with the date, place and country of the declarant’s birth, and

c

if the declaration includes a statement under section 1C(5) of the 1985 Act (statement that declarant is an eligible Irish citizen), state—

i

where the declarant has an Irish passport (current or expired), the number of that passport, together with its date and place of issue;

ii

otherwise, a statement as to when and how the declarant acquired the status of Irish citizen, together with the date, place and country of the declarant’s birth.

2

Where the declarant is seeking to be registered in reliance on the previous registration condition, the declaration must also—

a

include—

i

an indication as to whether the declarant’s name has changed since the declarant was last included in the register14, and

ii

where the indication is that the declarant’s name has changed—

aa

the name in respect of which the declarant was last included in the register, and

bb

the reason for the change, and

b

include an indication as to whether the declarant was last registered in pursuance of—

i

an overseas elector’s declaration,

ii

a service declaration15, or

iii

a declaration of local connection.

3

Where the declarant is seeking to be registered in reliance on the previous residence condition, the declaration must also—

a

include—

i

an indication as to whether the declarant’s name has changed since the last day on which the declarant was resident in the United Kingdom, and

ii

where the indication is that the declarant’s name has changed—

aa

the declarant’s name on the last day on which the declarant was resident in the United Kingdom, and

bb

the reason for the change,

b

include an indication as to whether the declarant was under 18 years old on the last day on which the declarant was resident in the United Kingdom, and

c

where the declarant is seeking to be registered in reliance on the previous residence condition by virtue of section 1A(3)(b)(ii) of the 1985 Act (previous residence condition: declaration of local connection), include—

i

a statement as to which of the categories of person mentioned in section 7B(2)(a) to (c) of the 1983 Act (notional residence: declarations of local connection) the declarant fell within on the last day on which the declarant was resident in the United Kingdom, and

ii

where the declarant fell within the category of person mentioned in section 7B(2)(a) or (b) of the 1983 Act on that day, the name and address of the mental hospital at which the declarant was a patient or (as the case may be) the place at which the declarant was detained.

4

Where the declaration includes an indication that the declarant was under 18 years old on the last day on which the declarant was resident in the United Kingdom, the declarant may provide as part of the declaration any information or document described in regulation 27ZA.

5

In paragraph (1)(b)(ii)(aa), “the United Kingdom” has the meaning given in section 50 of the British Nationality Act 198116.

Reminders to electors registered in pursuance of an overseas elector’s declaration23A

1

This paragraph applies in relation to a person (“P”) who is registered in pursuance of an overseas elector’s declaration.

2

Subject to paragraph (3), the registration officer must, during the relevant period, send to P a reminder in writing of the need to make a renewal declaration if P wishes to remain registered in pursuance of the overseas elector’s declaration.

3

Paragraph (2) does not apply or ceases to apply where the registration officer has received—

a

a renewal declaration from P, or

b

information which indicates that P is no longer entitled to make a renewal declaration.

4

In paragraph (2), “relevant period” means the period—

a

beginning with 1st July of the year in which P’s registration is due to end in accordance with section 1D(1)(a) or (3)(a) of the 1985 Act20, and

b

ending with 1st October of that year.

Renewal declarations23B

1

A renewal declaration must include, in addition to the information required or permitted by section 1E of the 1985 Act—

a

the declarant’s national insurance number, and

b

the declarant’s present address.

2

A renewal declaration must be in writing and be signed by the declarant.

Notification about continued registration as an overseas elector following renewal declaration23C

1

Where the registration officer is satisfied that a person making a renewal declaration (“the declarant”) is entitled to remain registered in pursuance of an overseas elector’s declaration, the registration officer must notify the declarant of that fact.

2

Where the registration officer is not so satisfied, the registration officer must notify the declarant of that fact together with the registration officer’s reasons for not being so satisfied.

Regulation 25 supplementary: additional supporting material in relation to identity25A

1

This regulation prescribes the additional supporting material which, for the purposes of sections 13BA(3) and 13BC of the 1983 Act, the registration officer may require in relation to the identity of an applicant.

2

The additional supporting material is a copy of, or, where the registration officer considers it appropriate, the original of—

a

one of the following documents issued to the applicant—

i

a passport;

ii

a photocard driving licence (current or expired) issued in the United Kingdom or the European Economic Area or granted by a Crown Dependency;

iii

a biometric immigration document issued in the United Kingdom in accordance with regulations made under section 5 of the UK Borders Act 200722;

iv

an electoral identity card issued under section 13C(1) of the 1983 Act23;

v

an identity card issued in the European Economic Area;

vi

a Senior SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;

vii

a Blind Person’s SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;

viii

a War Disabled SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;

ix

a 60+ SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st October 2008;

x

a Half Fare SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st April 2004;

xi

a statutory declaration as to the applicant’s name and date of birth, or

b

if the applicant is unable to provide a document listed in sub-paragraph (a), two of the following documents issued to or in respect of the applicant—

i

a copy of the applicant’s birth certificate24;

ii

a marriage certificate;

iii

a certificate of civil partnership;

iv

an adoption certificate;

v

a driving licence other than a driving licence specified in sub-paragraph (a)(ii);

vi

a firearms certificate issued under the Firearms (Northern Ireland) Order 200425;

vii

a certificate of naturalisation showing that the applicant has become a British citizen or Commonwealth citizen by virtue of naturalisation;

viii

a document showing that the applicant has become a British citizen or Commonwealth citizen by virtue of registration;

ix

a Form P45 or Form P60 issued to the applicant by their employer or former employer;

x

a statement of benefits or entitlement to benefits under an enactment relating to social security, where the statement contains the applicant’s national insurance number.

3

If the applicant is unable to provide a document listed in paragraph (2)(a) or two of the documents listed in paragraph (2)(b), the additional supporting material is an attestation which—

a

confirms that the applicant is the person named in the application, and

b

meets the general attestation requirements in regulation 27ZH(1).

  

4

In paragraph (1), “Crown Dependency” means the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man.

Regulation 25 supplementary: additional supporting material in relation to nationality25B

1

This regulation prescribes the additional supporting material which, for the purposes of sections 13BA(3) and 13BC of the 1983 Act, the registration officer may require in relation to the nationality of an applicant.

2

The additional supporting material is a copy of, or, where the registration officer considers it appropriate, the original of—

a

if the applicant is not seeking to be registered in pursuance of an overseas elector’s declaration, one of the following documents issued to or in respect of the applicant—

i

a copy of the applicant’s birth certificate;

ii

a certificate of naturalisation showing that the applicant has become a British citizen or Commonwealth citizen by virtue of naturalisation;

iii

a document showing that the applicant has become a British citizen or Commonwealth citizen by virtue of registration;

iv

a statutory declaration that the applicant is a British citizen, a qualifying Commonwealth citizen, a citizen of Ireland or a relevant citizen of the Union26;

v

a passport issued by the Government of the United Kingdom, a member State or a Commonwealth country, or

b

if the applicant is seeking to be registered in pursuance of an overseas elector’s declaration, one of the following documents issued to or in respect of the applicant—

i

a copy of the applicant’s birth certificate;

ii

a certificate of naturalisation showing that the applicant has become a British citizen by virtue of naturalisation;

iii

a document showing that the applicant has become a British citizen by virtue of registration;

iv

a statutory declaration that the applicant is—

aa

a British citizen, or

bb

an Irish citizen who was born in Northern Ireland and qualifies as a British citizen (whether or not the applicant identifies as such).

3

If the applicant is unable to provide a document listed in paragraph (2)(a) or (b) (whichever is relevant), the additional supporting material is an attestation which—

a

confirms that the nationality of the applicant is the nationality stated in the application, and

b

meets the general attestation requirements in regulation 27ZH(1).

  

4

In paragraph (1)(a)(iv), “qualifying Commonwealth citizen” has the meaning given in section 4(6) of the 1983 Act27.

Regulation 25 supplementary: additional supporting material in relation to address claimed as qualifying address25C

1

This regulation prescribes the additional supporting material which, for the purposes of sections 13BA(3) and 13BC of the 1983 Act, the registration officer may require in relation to the address which an applicant claims as their qualifying address.

2

The additional supporting material is a copy of, or, where the registration officer considers it appropriate, the original of any document which—

a

is listed in paragraph (4), and

b

bears—

i

the full current or former name of the applicant, and

ii

the address claimed as the qualifying address.

3

Where the applicant is not seeking to be registered in pursuance of a service declaration, a declaration of local connection or an overseas elector’s declaration, the document referred to in paragraph (2) must have been issued within the period of three months ending with the date of application unless it is a driving licence.

4

The documents are—

a

a driving licence issued in the United Kingdom which—

i

if the applicant is seeking to be registered in pursuance of a service declaration, a declaration of local connection or an overseas elector’s declaration, may be current or expired;

ii

otherwise, must be current;

b

a bill or statement of account issued by Land and Property Services (meaning that part of the Department of Finance in Northern Ireland known as Land and Property Services Executive Agency);

c

a utility or mobile telephone bill;

d

a bank or building society passbook or statement, or a letter from a bank or building society, confirming that the applicant has opened an account with that bank or building society;

e

a credit card statement;

f

a bill or statement issued by a credit union within the meaning of article 2 of the Credit Unions (Northern Ireland) Order 198528;

g

a pension statement;

h

an instrument of a court appointment, such as a grant of probate or letters of administration;

i

a letter from His Majesty’s Revenue and Customs;

j

a letter from a school, college, university or other educational institution which confirms the attendance of, or the offer of a place for, the applicant at that institution;

k

a letter from Student Finance Northern Ireland;

l

an official copy of the land registry entry for the address claimed as the qualifying address or other proof of title for that address;

m

a solicitor’s letter confirming the purchase of, or confirmation of the land registry registration of, the address claimed as the qualifying address;

n

a Form P45, Form P60, reference or payslip issued to the applicant by their employer or former employer;

o

a letter from an insurance provider;

p

a rent book issued by the Northern Ireland Housing Executive;

q

a statement of benefits or entitlement to benefits under an enactment relating to social security;

r

a letter from the Department for Communities in Northern Ireland confirming the applicant’s entitlement to a state pension;

s

a letter from the Office of Care and Protection, confirming the registration of a lasting power of attorney.

5

If the applicant is unable to provide a document which meets the requirements of paragraph (2) and (if relevant) paragraph (3), the additional supporting material is an attestation which—

a

confirms the basis on which the applicant is entitled to be registered in respect of the address claimed as their qualifying address, and

b

meets the general attestation requirements in regulation 27ZH(1).

6

If the applicant’s name in a document provided in accordance with paragraph (2) is different from the applicant’s name in their application, the additional supporting material also includes—

a

an explanation as to the difference in name, and

b

evidence confirming the change of the applicant’s name.

Overseas electors: power to require additional evidence where applicant under 18 when last resident in the United Kingdom27ZA

1

This regulation applies where—

a

a person has made an application to be registered in pursuance of an overseas elector’s declaration,

b

the applicant has indicated that they were under the age of 18 years on the last day on which they were resident in the United Kingdom, and

c

the registration officer considers that additional evidence is necessary to be satisfied that the applicant was resident at the address claimed as their qualifying address on that day.

2

The registration officer may require the applicant to provide—

a

the full name of a parent or guardian of the applicant who was resident at the address claimed as the qualifying address on the last day on which the applicant was resident in the United Kingdom, and

b

an indication as to whether the parent or guardian was registered in the register in respect of that address on that day.

3

Where the information provided in accordance with paragraph (2) is in relation to a parent, the applicant must also provide a copy of the applicant’s birth certificate showing the full name of that parent and the applicant’s date of birth.

4

Where the information provided in accordance with paragraph (2) is in relation to a guardian, the registration officer may require the applicant to provide such documentary evidence as the registration officer considers appropriate confirming that the person named was a guardian of the applicant.

Overseas electors: power to require additional evidence of previous residence27ZB

1

This regulation applies where—

a

a person has made an application to be registered in pursuance of an overseas elector’s declaration, and

b

the registration officer considers that additional evidence is necessary to be satisfied that the applicant satisfies the previous registration condition or the previous residence condition (whichever is relevant).

2

The registration officer may require the applicant to provide a copy of, or, where the registration officer considers it appropriate, the original of, any document which—

a

bears the full current or previous name of the applicant, and

b

bears the address claimed as the qualifying address.

3

A document which meets the requirements of paragraph (2) and is listed in paragraph (5) is deemed to provide conclusive evidence that the applicant satisfies the previous registration condition or the previous residence condition (whichever is relevant).

4

But the deeming provision in paragraph (3) only applies in the case of a document bearing the previous name of the applicant where the registration officer is satisfied as to the applicant’s change in name (see further, regulation 27ZG).

5

The documents are—

a

a driving licence (current or expired) issued in the United Kingdom;

b

a bill or statement of account issued by Land and Property Services (meaning that part of the Department of Finance in Northern Ireland known as Land and Property Services Executive Agency);

c

a utility or mobile telephone bill;

d

a bank or building society passbook or statement, or a letter from a bank or building society, confirming that the applicant has opened an account with that bank or building society;

e

a credit card statement;

f

a bill or statement issued by a credit union within the meaning of article 2 of the Credit Unions (Northern Ireland) Order 1985;

g

a pension statement;

h

an instrument of a court appointment, such as a grant of probate or letters of administration;

i

a letter from His Majesty’s Revenue and Customs;

j

a letter from a school, college, university or other educational institution which confirms the attendance of, or the offer of a place for, the applicant at that institution;

k

a letter from Student Finance Northern Ireland;

l

an official copy of the land registry entry for the address claimed as the qualifying address or other proof of title for that address;

m

a solicitor’s letter confirming the purchase of, or confirmation of the land registry registration of, the address claimed as the qualifying address;

n

a Form P45, Form P60, reference or payslip issued to the applicant by their employer or former employer;

o

a letter from an insurance provider;

p

a rent book issued by the Northern Ireland Housing Executive;

q

a statement of benefits or entitlement to benefits under an enactment relating to social security;

r

a letter from the Department for Communities in Northern Ireland confirming the applicant’s entitlement to a state pension;

s

a letter from the Office of Care and Protection in Northern Ireland, confirming the registration of a lasting power of attorney.

6

If the applicant is unable to provide a document which meets the requirements of paragraph (2), or if the evidence provided in accordance with this regulation is not sufficient for the registration officer to determine that the applicant satisfies the previous registration condition or the previous residence condition (whichever is relevant), the registration officer may proceed under regulations 27ZC to 27ZF (so far as relevant).

Overseas electors: power to require attestation as to applicant’s previous residence at address claimed as qualifying address27ZC

1

This regulation applies where—

a

the registration officer is permitted by regulation 27ZB(6) to proceed under this regulation, and

b

the registration officer considers that additional evidence is necessary to be satisfied that the applicant was resident at the address claimed as the qualifying address.

2

The registration officer may require the applicant to provide an attestation which—

a

confirms that the applicant was resident at the address claimed as the qualifying address,

b

indicates the dates between which, to the best of the attestor’s knowledge, the applicant was resident at that address, and

c

meets the general attestation requirements in regulation 27ZH(1).

Overseas electors: power to require additional evidence as to previous registration in pursuance of a service declaration, residence as a merchant seaman or an overseas elector’s declaration27ZD

1

This regulation applies where—

a

the registration officer is permitted by regulation 27ZB(6) to proceed under this regulation,

b

the application is made in reliance on the previous registration condition,

c

the applicant has indicated that—

i

their previous registration, or their last registration in the register otherwise than as an overseas elector, was in pursuance of a service declaration, or

ii

their previous registration, or their last registration in the register otherwise than as an overseas elector, was in pursuance of residence determined in accordance with section 6 of the 1983 Act (residence: merchant seamen)33, and

d

the registration officer considers that additional evidence is necessary to be satisfied that the applicant was previously registered in respect of the address claimed as the qualifying address.

2

The registration officer may require the applicant to provide either or both of the following—

a

a copy of, or, where the registration officer considers it appropriate, the original of, any document which—

i

bears the full current or previous name of the applicant, and

ii

confirms that the applicant met the registration status requirement in paragraph (3);

b

an attestation which—

i

confirms the basis on which the applicant met the registration status requirement in paragraph (3),

ii

indicates the dates between which, to the best of the attestor’s knowledge, the applicant met the requirement, and

iii

meets the general attestation requirements in regulation 27ZH(1).

3

The registration status requirement is that the applicant—

a

where paragraph (1)(c)(i) applies, had a service qualification, or

b

where paragraph (1)(c)(ii) applies, was a merchant seaman within the meaning of section 6 of the 1983 Act.

4

Paragraph (5) applies where the applicant indicates that they were eligible to make a service declaration because they were the spouse or civil partner of a person (“D”) mentioned in section 14(1)(a), (b) or (c) of the 1983 Act34.

5

In addition to or instead of requiring evidence in accordance with paragraph (2)(a), the registration officer may require the applicant to provide the registration officer with a copy of, or, where the registration officer considers it appropriate, the original of, either of both of the following—

a

a document which—

i

bears D’s full current or previous name, and

ii

confirms D’s service qualification under section 14(1) of the 1983 Act;

b

a document which—

i

bears D’s full current or previous name, and

ii

confirms that D was, at the time the document was issued, the applicant’s spouse or civil partner.

6

In this regulation—

• “previous registration” means the registration referred to in section 1A(2)(a) of the 1985 Act;

• “service qualification” has the same meaning as in section 14(1) of the 1983 Act.

Overseas electors: power to require additional evidence as to declaration of local connection27ZE

1

This regulation applies where—

a

the registration officer is permitted by regulation 27ZB(6) to proceed under this regulation,

b

the application is made in reliance on the previous registration condition,

c

the applicant has indicated that their previous registration, or their last registration in the register otherwise than as an overseas elector, was in pursuance of a declaration of local connection, and

d

the registration officer considers that additional evidence is necessary to be satisfied that the applicant was previously registered in respect of the address claimed as the qualifying address.

2

This regulation also applies where—

a

the registration officer is permitted by regulation 27ZB(6) to proceed under this regulation,

b

the application is made in reliance on section 1A(3)(b)(ii) of the 1985 Act (previous residence condition: declaration of local connection), and

c

the registration officer considers that additional evidence is necessary to be satisfied that, on the last day on which the applicant was resident in the United Kingdom, the applicant could have made a declaration of local connection.

3

The registration officer may require the applicant to provide either or both of the following—

a

a copy of, or, where the registration officer considers it necessary, the original of, any document which—

i

bears the full current or previous name of the applicant, and

ii

confirms that section 7B of the 1983 Act (notional residence: declarations of local connection) applied to the applicant on the last day on which the applicant was resident in the United Kingdom;

b

an attestation which—

i

confirms the basis on which the applicant met the local connection requirement,

ii

indicates the dates between which, to the best of the attestor’s knowledge, the applicant met the local connection requirement, and

iii

meets the general attestation requirements in regulation 27ZH(1).

4

The local connection requirement is that—

a

where it is indicated that section 7B(2)(a) of the 1983 Act applied to the applicant on the last day on which the applicant was resident in the United Kingdom—

i

the applicant was a patient in a mental hospital, and

ii

section 3A of the 1983 Act (disenfranchisement of offenders detained in mental hospitals)35 and section 7A of the 1983 Act (residence: persons remanded in custody etc.)36 did not apply to the applicant;

b

where it is indicated that section 7B(2)(b) of the 1983 Act applied to the applicant on the last day on which the applicant was resident in the United Kingdom—

i

the applicant was detained at any place pursuant to a relevant order or direction, and

ii

the applicant was so detained otherwise than after being convicted of any offence or a finding in criminal proceedings that the applicant did the act or made the omission charged;

c

where it is indicated that section 7B(2)(c) of the 1983 Act applied to the applicant on the last day on which the applicant was resident in the United Kingdom, the applicant was—

i

a homeless person, and

ii

not in legal custody.

5

For the purposes of paragraph (4), it is to be assumed that—

a

sections 3A and 7A of the 1983 Act were in force at any relevant time, and

b

section 7B of the 1983 Act was in force on the last day on which the applicant was resident in the United Kingdom.

6

In this regulation—

• “homeless person” has the same meaning as in section 7B(2)(c) of the 1983 Act;

• “previous registration” means the registration referred to in section 1A(2)(a) of the 1985 Act;

• “a relevant order or direction” has the same meaning as in section 7A(6) of the 1983 Act.

Overseas electors: power to require attestation as to applicant’s connection to address claimed as qualifying address27ZF

1

This regulation applies where—

a

the registration officer is permitted by regulation 27ZB(6) to proceed under this regulation,

b

regulation 27ZD(1)(c) or 27ZE(1)(c) or (2)(b) applies, and

c

the registration officer considers that additional evidence is necessary to be satisfied that the applicant has a previous connection to the address claimed as the qualifying address.

2

The registration officer may require the applicant to provide an attestation which—

a

confirms the basis on which the applicant met the qualifying address connection requirement,

b

indicates the dates between which, to the best of the attestor’s knowledge, the applicant met the requirement, and

c

meets the general attestation requirements in regulation 27ZH(1).

3

The qualifying address connection requirement is—

a

where the applicant claims that they had a service qualification, that the applicant would have been residing at the address claimed as the qualifying address but for the applicant’s service qualification;

b

where the applicant claims that they were a merchant seaman, that the applicant—

i

would have been residing at the address claimed as the qualifying address but for the applicant’s occupation as a merchant seaman, or

ii

commonly stayed at the address claimed as the qualifying address, which was a hotel or club providing accommodation for merchant seamen, during the course of the applicant’s occupation as a merchant seaman;

c

where the applicant claims that they were a patient in a mental hospital or detained, that the applicant would have been residing at the address claimed as the qualifying address if the applicant had not been a patient or detained;

d

where the applicant claims that they were a homeless person, that the address claimed as the qualifying address was, or was nearest to, a place in the United Kingdom where the applicant commonly spent a substantial part of the applicant’s time (whether during the day or at night).

4

An attestation provided in accordance with this regulation may be combined with an attestation provided in accordance with regulation 27ZD(2)(b) or regulation 27ZE(3)(b) where the attestor for each attestation is the same.

5

In this regulation—

• “merchant seaman” has the same meaning as in section 6 of the 1983 Act;

• “service qualification” has the same meaning as in section 14(1) of the 1983 Act.

Overseas electors: power to require additional evidence as to change of name27ZG

1

This regulation applies where—

a

a person has made an application to be registered in pursuance of an overseas elector’s declaration, and

b

any of conditions A to D are met.

2

Condition A is that the applicant has indicated in their declaration that their name has changed since they were last included in the register or since the last day on which they were resident in the United Kingdom.

3

Condition B is that—

a

the applicant has provided a document in accordance with regulation 27ZA(3) or (4), 27ZB(2), 27ZD(2)(a) or 27ZE(3)(a), and

b

the applicant’s name in that document is different from both the applicant’s name in the applicant’s declaration and any name provided in accordance with regulation 20(2)(a)(ii)(aa) or (3)(a)(ii)(aa).

4

Condition C is that—

a

the applicant has provided the name of a parent or guardian in accordance with regulation 27ZA(2)(a), and

b

the name provided is different from the name of the parent or guardian as it appears on—

i

the register, or

ii

a document provided in accordance with regulation 27ZA(3) or (4).

5

Condition D is that—

a

the applicant has provided a document in accordance with regulation 27ZD(5)(a) and a document in accordance with regulation 27ZD(5)(b), and

b

the name of the applicant’s spouse or civil partner in each of those documents is different.

6

The registration officer may require the applicant to provide—

a

if Condition A is met, such evidence confirming the change of the applicant’s name as the registration officer considers appropriate, except that the registration officer must require more than an explanation as to the difference in name;

b

if Condition B is met—

i

an explanation as to the difference in name, or

ii

such other evidence confirming the change of the applicant’s name as the registration officer considers appropriate, and

c

if Condition C or D is met—

i

an explanation as to the difference in name, or

ii

where the applicant does not know the reason for the difference, a statement to that effect.

7

Where the applicant provides a copy of a document in accordance with paragraph (6)(a) or (b)(ii), the registration officer may, if the registration officer considers it appropriate, require the applicant to provide the original document.

Attestations: general requirements27ZH

1

For the purposes of regulations 25A to 25C and 27ZC to 27ZF, the general attestation requirements are that the attestation must—

a

be in writing,

b

be made by a qualifying attestor,

c

state the full name, date of birth, present address and occupation of the qualifying attestor,

d

state the address in respect of which the qualifying attestor is registered as an elector,

e

state—

i

where the qualifying attestor is registered in pursuance of an overseas elector’s declaration, the number of the qualifying attestor’s British or Irish passport together with its date and place of issue;

ii

otherwise—

aa

where the qualifying attestor is registered in respect of an address in Northern Ireland and has been allocated a digital registration number in accordance with section 10B of the 1983 Act (register of electors in Northern Ireland: digital registration number)37, that digital registration number;

bb

in all other cases, the qualifying attestor’s electoral number,

f

if the attestation is required in connection with an application to be registered in pursuance of an overseas elector's declaration, provide an explanation as to the qualifying attestor’s ability to provide the information required about the applicant, including (but not limited to) the qualifying attestor’s connection to the applicant and the length of time that the connection has existed,

g

state the name under which the qualifying attestor is registered in a register of parliamentary or local electors if their name has changed since the entry on the register was made,

h

state that the qualifying attestor is aware of the penalty for providing false information to a registration officer,

i

include a statement which confirms that all of the information provided in the attestation is true, and

j

be signed and dated by the qualifying attestor.

2

In this regulation, “qualifying attestor” has the meaning given in regulation 27ZI(1).

Meaning of qualifying attestor27ZI

1

A “qualifying attestor” is a person (“P”) who—

a

is aged 18 years or over,

b

is registered in a register of parliamentary or local government electors,

c

is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the applicant,

d

except where P is registered in pursuance of an overseas elector’s declaration, is a person whom the registration officer is satisfied is of good standing in the community, and

e

meets the requirements of paragraph (2).

2

P meets the requirements of this paragraph where—

a

if the attestation required is an attestation in accordance with regulation 25A(3), P has not already signed attestations to which paragraph (3) applies for two applicants since the relevant date;

b

if the attestation required is an attestation in accordance with regulation 25B(3), P has not already signed attestations in accordance with that regulation for two applicants since the relevant date;

c

if the attestation required is an attestation in accordance with regulation 25C(5), 27ZC(2), 27ZD(2)(b), 27ZE(3)(b) or 27ZF(2), P has not already signed attestations to which paragraph (4) applies for two applicants since the relevant date.

3

This paragraph applies to an attestation made in accordance with any of the following provisions—

a

regulation 25A(3);

b

regulations 26B(6) and (6ZA) and 56C(5A) and (6) of the Representation of the People (England and Wales) Regulations 200138;

c

regulations 26B(6) and (6ZA) and 56C(5A) and (6) of the Representation of the People (Scotland) Regulations 200139;

d

paragraph 16C(5) of Schedule 2 to the Police and Crime Commissioner Elections Order 201240;

e

regulation 72B(5A) and (6) of the Recall of MPs Act 2015 (Recall Petition) Regulations 201641;

f

regulation 7(6) of the Voter Identification Regulations 202242.

4

This paragraph applies to an attestation made in accordance with any of the following provisions—

a

regulations 25C(5), 27ZC(2), 27ZD(2)(b), 27ZE(3)(b) and 27ZF(2);

b

regulations 26E(2), 26F(2)(b), 26G(3)(b) and 26H(3) of the Representation of the People (England and Wales) Regulations 200143;

c

regulations 26E(2), 26F(2)(b), 26G(3)(b) and 26H(3) of the Representation of the People (Scotland) Regulations 200144.

5

In paragraph (2), the “relevant date” is whichever is the later of—

a

the date on which the revised register in which the attestor’s name appears was last published under section 13(1) of the 1983 Act45, and

b

the date on which a notice specifying the attestor’s entry in the register was issued (or last issued) under section 13A(2), 13BA(3) or 13BC of that Act46.

b

the address in respect of which the applicant is seeking to be registered, or is registered, in the register,

ba

if different to the address referred to in sub-paragraph (b), the applicant’s present address,