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

Explanatory Note

(This note is not part of the Regulations)

The Elections Act 2022 (c. 37) amended the Representation of the People Act 1985 (“the 1985 Act”) (c. 50) to expand the franchise for parliamentary elections in respect of British citizens overseas, removing the 15 year limit on voting for British citizens overseas and allowing registration based on both previous registration and previous residence in the United Kingdom.

Part 2 of these Regulations amends the Representation of the People (Northern Ireland) Regulations 2008 (“the 2008 Regulations”) (S.I. 2008/1741) to reflect the changes to the eligibility criteria for registration as an overseas elector and the process for remaining registered as an overseas elector.

Registration as an overseas elector under the 1985 Act (as amended) remains contingent on the making of an overseas elector’s declaration, with renewal declarations now moving to a three-year cycle. Regulation 5 substitutes the requirements which an overseas elector’s declaration must meet (in addition to those set out in the 1985 Act) to reflect the new eligibility criteria for registration. Regulation 8 inserts new regulations relating to the renewal process, covering reminders to make a renewal declaration, the contents of a renewal declaration and notification of the outcome.

Regulation 13 amends the criteria that an application for registration in pursuance of an overseas elector’s declaration must meet to reflect the new eligibility criteria for overseas electors, while regulation 14 specifies the evidence that a registration officer may require an applicant for registration as an overseas elector to provide in order to be satisfied that have the necessary connection to the address claimed as the qualifying address.

Regulation 18 makes amendments to provisions concerning the information that registration officers may request certain authorities to provide for the purposes of verifying information provided in support of an application for registration as an overseas elector. The exception for documents which came into the authority’s possession before 6th June 2007 is removed for the purposes of verifying information related to applications for registration as an overseas elector, but authorities are only required to use reasonable endeavours to locate such historic documents.

Part 2 of these Regulations also amends the 2008 Regulations to make changes which are not limited to overseas electors. Regulations 10 and 11 amend the evidence which must be provided in late registration cases if the registration officer so requires. The amendments made by regulation 15 require the registration officer to take a copy of an original document sent in accordance with the 2008 Regulations and to return the original document to the person who provided it.

Finally, Part 2 amends the interpretation provisions of the 2008 Regulations (see regulation 3) and also makes a number of consequential and clarificatory amendments to those Regulations (see regulations 4, 6, 7, 9, 12, 16 to 17, 19 and 20).

Part 3 of these Regulations makes consequential amendments to the Northern Ireland (Elections) Assembly Order 2001 (S.I. 2001/2599), the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341), the Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497), the Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917), the Recall of MPs Act 2015 (Recall Petition) Regulations 2016 (S.I. 2016/295) and the Voter Identification Regulations 2022 (S.I. 2022/1382) (see regulations 21 to 26).

Part 4 of these Regulations contains transitional provisions (see regulations 27 and 28).

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector and community bodies is available from the Northern Ireland Office at 1 Horse Guards Road, London, SW1A 2HQ and published with the Explanatory Memorandum alongside this instrument on www.legislation.gov.uk.