Legalize / United Kingdom / Statutory-Instrument

The Representation of the People (Northern Ireland) Regulations 2008

Type Statutory-Instrument

Publication 2008-06-30

Last updated 2026-02-05

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

Made: 30th June 2008

Coming into force: 1st July 2008

Accordingly, the Secretary of State, in exercise of the powers conferred on him by the enactments which are specified in Schedule 1 to these Regulations, makes the following Regulations:

PART 1 — GENERAL, INTERPRETATION AND MISCELLANEOUS

Citation, commencement and extent

1

(1) These Regulations may be cited as the Representation of the People (Northern Ireland) Regulations 2008 and shall come into force on 1st July 2008.

(2) These Regulations extend to Northern Ireland only.

Revocations

2

The instruments listed in column 1 of Schedule 2 to these Regulations (which have the corresponding reference in column 2) are revoked to the extent indicated in column 3.

Interpretation

3

(1) For the purposes of these Regulations, unless the context otherwise requires—

“the 1962 Act” means the Electoral Law Act (Northern Ireland) 1962[^f00004];

“the 1983 Act” means the Representation of the People Act 1983;

“the 1985 Act” means the Representation of the People Act 1985[^f00005];

“the 1989 Act” means the Elected Authorities (Northern Ireland) Act 1989[^f00006];

“the 2000 Act” means the Representation of the People Act 2000[^f00007];

“the 2002 Act” means the Electoral Fraud (Northern Ireland) Act 2002[^f00008];

“the 2006 Act” means the Electoral Administration Act 2006;

“address claimed as the qualifying address”, in relation to a person applying to be registered, means the address in respect of which the person is applying to be registered;

“available for inspection” means available for inspection during ordinary office hours;

“British Council employee” means a person employed by the British Council in a post outside the United Kingdom;

“candidate” has the same meaning as section 118A of the 1983 Act[^f00009];

“certificate of anonymous registration” means a certificate issued in pursuance of regulation 53D;

“copy of a birth certificate” means—in relation to a birth certificate issued in Northern Ireland, a certified copy of a birth entry issued by the Registrar General of Births and Deaths in Northern Ireland;in relation to a birth certificate issued in England or Wales, a certified copy of a birth entry issued by the Registrar General for England and Wales;in relation to a birth certificate issued in Scotland, an extract of a birth entry issued by the Registrar General of Births, Deaths and Marriages for Scotland; andin relation to a birth certificate issued elsewhere, a copy certified by the issuing authority;

“Crown servant” means a person who is employed in a post falling within the class or description set out in regulation 16;

“data” means information which is recorded with the intention that it should be processed by means of equipment operating automatically in response to instructions given for that purpose;

“declaration of local connection” has the same meaning as in section 7B(1) of the 1983 Act;

“edited register” has the meaning given in regulation 93(1);

“elections rules” means the parliamentary elections rules in Schedule 1 to the 1983 Act;

“full register” has the meaning given in regulation 93(1);

“list of overseas electors” means the list prepared under regulation 53;

“local elector” and “local election” have the same meaning as in section 130(1) of the 1962 Act;

“mental hospital” has the meaning given in section 7(6) of the 1983 Act;

“Miscellaneous Provisions Act” means the Northern Ireland (Miscellaneous Provisions) Act 2006[^f00010];

“overseas elector” means a person who has made an overseas elector’s declaration and is registered or entitled to be registered as a parliamentary elector in pursuance of it;

“previous registration condition” has the same meaning as in section 1A(2) of the 1985 Act;

“previous residence condition” has the same meaning as in section 1A(3) of the 1985 Act;

“qualifying Commonwealth citizen” has the same meaning as in section 4(6) of the 1983 Act;

“specified authorities” means authorities set out in regulation 42(2);

“specified information” means information set out in regulation 42(3) to (6);

“register” means the register of electors;

“registration area” means the area covered by a particular register; ...

“registration officer” means the electoral registration officer;

“renewal declaration” has the same meaning as in section 1E of the 1985 Act;

“retained elector” means a person in respect of whom there is a retained register entry, other than a person—who has made an application for registration under section 10A(1)(a) of the 1983 Act which is yet to be determined; orin respect of whom the registration officer has made or intends to make a determination under section 10A(5)(b) of the 1983 Act;

“retained register entry” means an entry in the register which the registration officer would be required to remove under section 10A(6) of the 1983 Act but for regulation 46B(1);

“the UK digital service” has the same meaning as in section 10ZF of the 1983 Act, and references to an application submitted through the UK digital service or any other thing done through the UK digital service shall be construed in accordance with subsection (4) of that section.

(2) A reference in these Regulations to a form identified by means of an alphabetical letter shall be construed as a reference to the form so identified in Schedule 3 to these Regulations.

(3) Any reference in these Regulations to a provision of the 1983 Act which has been applied by section 2(1) of, and Schedule 1 to, the 1989 Act [^f00011] shall include a reference to that provision as so applied and with any modifications specified in Part II of that Schedule.

Forms

4

(1) The registration officer shall supply free of charge as many forms for use in connection with registration and voting as appear to that officer reasonable in the circumstances to any person who satisfies that officer of his intention to use the forms in connection with the registration of electors or an election.

(2) The forms set out in Schedule 3 to these Regulations may be used with such variations as the circumstances may require, provided that the form used is substantially to the like effect as the form in Schedule 3.

Communication of applications, notices etc.

5

(1) The requirement in these Regulations that any application, attestation, notice, reminder, representation, objection or any other communication that is sent should be in writing is satisfied where (apart from the usual meaning of that expression) the text of it—

(a) is transmitted by electronic means;

(b) is received in legible form; and

(2) The reference to “text” in paragraph (1) includes a signature.

6

(1) A requirement in these Regulations for an application (other than an application under regulation 13 ... or 55), notice, representation or objection to be signed is satisfied (as an alternative to a signature given by hand) where there is—

(a) an electronic signature incorporated into or otherwise logically associated with a particular electronic communication; and

(b) the certification by any person of such a signature.

(2) For the purposes of this regulation an electronic signature is so much of anything in electronic form as—

(a) is incorporated into or otherwise logically associated with any electronic communication, or both; and

(b) purports to be so incorporated or associated with the purpose of being used in establishing the authenticity of the communication, the integrity of the communication or both.

(3) For the purposes of this regulation an electronic signature incorporated into or associated with a particular electronic communication is certified by any person if that person (whether before or after the making of the communication) has made a statement confirming that—

(a) the signature;

(b) a means of producing, communicating or verifying the signature; or

is (either alone or in combination with other factors) a valid means of establishing the authenticity of the communication, the integrity of the communication or both.

Copies of documents

7

(1) Where a document is made available for inspection under these Regulations, any person may make a copy (whether hand-written or by other means) of the whole or any part of it.

(2) Paragraph (1) does not apply to the full register.

(3) A person inspecting the full register may not—

(a) make copies of any part of it; or

(b) record any particulars included in it,

otherwise than by means of hand-written notes.

(4) A person who inspects the full register and makes a copy of it or records any particulars included in it otherwise than by means of hand-written notes shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5) In this regulation “full register” includes—

(a) any part of it; and

(b) any notice published under section 13A(2) or 13BA(3),(6) or (9) of the 1983 Act[^f00012] altering the register.

Time

8

(1) Where the day or last day of the time allowed by these Regulations for the doing of anything falls on any of the days mentioned in paragraph (3), that time shall be extended until the next following day which is not one of those days.

(2) Subject to regulation 61(5), in computing any period of not more than 7 days for the purposes of these Regulations any of the days mentioned in paragraph (3) shall be disregarded.

(3) The days referred to in paragraphs (1) and (2) are a Saturday, Sunday, Christmas Eve, Christmas Day, Good Friday or a bank holiday.

(4) In paragraph (3) “bank holiday” means a day which is a bank holiday under the Banking and Financial Dealings Act 1971[^f00013] in Northern Ireland.

Official poll card at parliamentary elections

9

(1) The following forms are prescribed for the purpose of rule 28(3) of the elections rules.

(2) The official poll card issued to an elector must be in Form A.

(3) The official postal poll card issued to an elector who is on the absent voters list for the election (kept under section 7(4) of the 1985 Act) must be in Form A1.

(4) The official poll card issued to the proxy of an elector must be in Form B.

(5) The official postal poll card issued to the proxy of an elector who is entitled to vote by post as proxy at the election must be in Form B1.

Return and declaration of election expenses

10

(1) For the purpose of section 75(3) of the 1983 Act, the form of the return of election expenses shall be in Form C and the form of the declaration as to elections expenses shall be in Form D.

(2) The price of a copy of any such return, declaration or any accompanying document shall be at the rate of 20p for each side of each page.

Interference with notices etc.

11

If any person without lawful authority destroys, mutilates, defaces or removes any notice published by the Chief Electoral Officer in connection with his statutory duties or any copies of a document which have been made available for inspection in pursuance of those duties, he shall be liable on a summary conviction to a fine not exceeding level 3 on the standard scale.

Device referred to in rule 29(3A)(b) of elections rules

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications for an electoral identity card

13

(1) A person may apply for an electoral identity card under section 13C[^f00016]) of the 1983 Act if he falls within either of the descriptions of person set out in paragraph (2).

(2) Those descriptions are—

(a) a person who is registered in a register of parliamentary or local electors in Northern Ireland; or

(b) a person who applies to be so registered at the same time as he applies for an electoral identity card.

(3) An application for an electoral identity card must state—

(a) the applicant’s full name and date of birth;

(b) the address in respect of which he is registered as an elector or in respect of which he applies to be so registered; and

Registration of European parliamentary overseas electors

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of rule 37(1E) of the elections rules

15

Rule 37(1E) of the elections rules[^f00018] is amended as follows—

(a) in sub-paragraph (a) omit “current”;

(b) in sub-paragraph (b) omit “current”;

(d) at the end of paragraph (1E) omit “Article 12 of”;

(e) after sub-paragraph (i) insert—

(j) a Blind Person’s SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002; (k) a War Disabled SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002.

PART 2 — SERVICE AND OVERSEAS ELECTORS’ DECLARATIONS

Service declarations

Qualification for Crown servant

16

The class or description of person prescribed for the purposes of section 14(1)(b) of the 1983 Act are such persons (other than members of the forces within the meaning of section 59(1) of the 1983 Act) who are employed in the service of the Crown in a post outside the United Kingdom and who are required to devote their whole working time to the duties of such a post and whose remuneration in respect of that post is paid wholly out of money provided by Parliament.

Contents of service declaration

17

(1) In addition to the matters specified in paragraphs (a) to (f) of section 16 of the 1983 Act[^f00019], a service declaration shall state—

(a) the declarant’s full name and present address;

(b) the ground on which the declarant claims a service declaration; and

(c) such of the particulars specified in paragraphs (2), (3) or (4) as are relevant to the service qualification claimed by the declarant.

(2) Where the declarant claims a service qualification on the grounds that he is a member of the forces (within the meaning of section 59(1) of the 1983 Act) or the spouse or civil partner of such a member, the service declaration shall state—

(a) the service (whether naval, military or air forces) in which that member serves;

(b) the rank or rating of that member; and

and where that member serves in the military forces, the service declaration shall in addition state the regiment or corps in which he serves.

(3) Where the declarant claims a service qualification on the grounds that he is a Crown servant to whom regulation 16 applies or the spouse or civil partner of such a servant, the service declaration shall state—

(a) the name of the Government department in which that servant works; ...

(b) a description of the post of that servant ; and

(4) Where the declarant claims a service qualification on the grounds that he is a British Council employee or the spouse or civil partner of such an employee, the service declaration shall state—

(a) a description of the post of that employee; and

(b) any staff number, payroll number or other similar identifying number of that employee.

Transmission of service declaration

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notification by registration officer in respect of service declaration

19

(1) Where the registration officer is satisfied that the service declaration is duly made he shall so notify the declarant.

(2) Where the registration officer rejects an application for registration in pursuance of a service declaration because it—

(a) does not contain the particulars required in paragraphs (a) to (f) of section 16 of the 1983 Act and regulation 17; or

(b) does not comply with the requirements of sections 14 and 15 of the 1983 Act[^f00020] or, where appropriate, regulation 17 ...,

he shall return the declaration to the declarant setting out his reasons for so doing.

Overseas elector’s declarations

Contents of overseas elector’s declaration

20

(1) In addition to the information required or permitted by section 1C of the 1985 Act, an overseas elector’s declaration 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 register, 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 declaration, 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 1981.

Certain declarants to supply copy of birth certificates

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Attestation of certain overseas electors’ declarations

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notification about registration as overseas elector

23

(1) Where the registration officer is satisfied that the declarant qualifies as an overseas elector under section 1A of the 1985 Act, he shall so notify the declarant in writing.

(2) Where the registration officer rejects an application for registration in pursuance of an overseas elector’s declaration because—

(a) in his opinion the declarant does not qualify as an overseas elector under section 1A of the 1985 Act, or

(b) the declaration does not satisfy the requirements of section 1C of the 1985 Act or regulation 20 ..., ...

the registration officer must notify the declarant in writing and set out their reasons for rejecting the application.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 — REGISTRATION

Information about electors

Power to require information

24

(1) The registration officer may require any person to give such information or documentation as is required for the purposes of that officer’s duties in maintaining registers of parliamentary and local electors except where these Regulations specify the information or documentation that a registration officer may require.

(2) The registration officer may specify the form in which any information required under paragraph (1) is to be provided.

(3) If any person fails to comply with any such requirement of the registration officer as is mentioned in this regulation, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Alteration of registers under section 13BA(3) or 13BC of the 1983 Act

25

(1) For the purposes of section 13BA(3) of the 1983 Act the prescribed date is the eleventh day before the day of the poll.

(1A) For the purposes of section 13BC(2)(d) of the 1983 Act (alteration of registers: recall petition) the prescribed date is the eleventh day before the beginning of the signing period (within the meaning of section 9(2) of the Recall of MPs Act 2015).

(2) For the purposes of section 13BA(3) or 13BC of the 1983 Act, the additional supporting material is such of the material as is prescribed in regulations 25A to 25C as the registration officer may require.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reminders to electors registered pursuant to a declaration

26

(1) This regulation applies in respect of a person registered in pursuance of—

(a) a service declaration; or

(b) a declaration of local connection; ...

(2) Subject to paragraph (4), the registration officer shall, during the relevant period, send a person to whom this regulation applies a reminder in writing of the need to make a fresh declaration if he wishes to remain registered as an elector in pursuance of such a declaration.

(3) In paragraph (2) the “relevant period” means–

(a) except in cases to which sub-paragraph (b) applies, the period beginning nine months after the date when the existing entry in the register of the person in question first takes effect and ending ten months after that date;

(b) in the case of a person mentioned in section 14(1)(a) or (d) of the 1983 Act (members of the forces and their spouses or civil partners) who is registered in pursuance of a service declaration, the period beginning 57 months after the date when the existing entry in a register of the person in question first takes effect and ending 58 months after that date.

(4) Paragraph (2) does not apply in respect of a person to whom this regulation applies where—

(a) the registration officer has already received from that person a fresh declaration; or

(b) information which the registration officer has received indicates that that person is no longer entitled to make the relevant declaration.

Applications for registration

27

(1) An application for registration as a parliamentary or local elector (or both) under section 10A(1)(a) or 13A(1)(a) of the 1983 Act^f00026 shall, in addition to the requirements of section 10A(1A) and 13A(2A) of that Act[^f00027], state—

(a) the applicant’s full name;

(b) except in the case of a person applying to be registered in pursuance of a service declaration, a declaration of local connection or an overseas electors’ declaration, the address in respect of which the applicant applies to be registered and at which he is resident on the date of the application;

(c) in the case of an applicant who no longer claims to be entitled to be registered at an address in respect of which the applicant is currently registered as an elector, either—

(i) the fact that the applicant has ceased to reside at that address; or

(ii) the fact that the registration was in pursuance of a service declaration, a declaration of local connection or an overseas electors’ declaration, and the fact that the applicant is no longer entitled to make that declaration;

(ca) in the case of an applicant who has confirmed pursuant to section 10A(1A)(c)(i) or 13A(2A)(c)(i) of the 1983 Act that the applicant does not have a national insurance number, the reason why the applicant does not have it;

(caa) in the case of a relevant EU applicant, an indication as to whether the applicant meets the requirements set out in section 203B(1) of the 1983 Act;

(cb) except in the case of a person applying to be registered in pursuance of an overseas elector’s declaration or a service declaration, the applicant’s nationality or nationalities or, if the applicant is not able to provide that information, the reason why the applicant is not able to do so;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) in the case of an applicant who is a merchant seaman within the meaning of section 6 of the 1983 Act, that fact; ...

(f) in the case of an applicant whose application is not accompanied by an application for an anonymous entry and who wishes his name and address to be omitted from the edited version of the register, that request , and

(g) in the case of an applicant whose application is accompanied by an application for an anonymous entry, that fact.

(1A) Where an applicant has previously been known by a name other than that stated in accordance with paragraph (1)(a), the application may also state the applicant’s previous name.

(1AA) In paragraph (1)(caa), “relevant EU applicant” means an applicant—

(a) who is a citizen of a member State, and

(b) who is not, or is not also—

(i) a citizen of a member State listed in Schedule 6A to the 1983 Act,

(ii) a qualifying Commonwealth citizen, or

(iii) a citizen of the Republic of Ireland.

(1B) Where an applicant is applying to be registered in pursuance of an overseas elector’s declaration and is unable to provide a national insurance number, the applicant may provide as part of their application a copy of any of the documents listed in regulation 25A(2).

(1C) Where an applicant is applying to be registered in pursuance of an overseas elector’s declaration in reliance on the previous residence condition, the applicant may provide as part of their application a copy of any document which meets the requirements of regulation 27ZB(2).

(2) In the case of a person applying to be registered as a parliamentary or local elector (or both) in pursuance of a service declaration, a declaration of local connection or an overseas elector’s declaration, the declaration in question shall accompany the application.

(3) An application for registration which is submitted through the UK digital service must include a statement by the applicant that, by submitting the application or instructing another person to submit it on the applicant’s behalf, the applicant confirms that—

(a) the applicant is the person named in the application; and

(b) the applicant believes the matters stated in the application and any accompanying declaration to be true.

(3ZA) Where the registration officer provides the form on which an application for registration is made, the form must include—

(a) the following statements—

(i) that persons without lawful immigration status are ineligible to register to vote;

(ii) that the registration officer may request checks in relation to an applicant’s immigration status against Home Office records, and that, for persons applying to register as EU citizens with retained rights only, this may include checks in relation to historical immigration status;

(b) a statement that a person is ineligible to vote unless the person is—

(i) a qualifying Commonwealth citizen,

(ii) a citizen of the Republic of Ireland,

(iii) a qualifying EU citizen, or

(iv) an EU citizen with retained rights;

(c) a statement that the registration officer may require the applicant to provide additional information in relation to nationality, may carry out checks against Government records, and that, for persons applying to register as EU citizens with retained rights only, this may include checks in relation to historical nationality.

(3ZZA) An application for registration which is not submitted through the UK digital service and is made otherwise than in pursuance of an overseas elector’s declaration must include a statement that—

(a) the applicant is the person named in the application, and

(b) the applicant believes the matters stated in the application and any accompanying declaration to be true.

(3ZZB) An application for registration which is not submitted through the UK digital service and is made in pursuance of an overseas elector’s declaration must include a statement that—

(a) the applicant is the person named in the application, and

(b) the applicant believes the matters stated in the application to be true.

(3A) Where the applicant is unable to read, the applicant shall arrange for the declaration mentioned in paragraph (3) to be read out to the applicant before the application is submitted.

(3B) Where the application is to be submitted through the UK digital service and the applicant is unable to submit it owing to a disability, the applicant may instruct a person of 18 years or over to submit it on behalf of the applicant in the applicant’s presence.

(4) An application for registration shall be made in writing ... and dated ....

(4A) An application for registration may include the applicant’s email address and telephone number if the applicant is willing for the registration officer to contact the applicant by such means.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where the registration officer provides the form on which an application for registration is made, the form of words in Schedule 5 or a form of words with substantially like effect with such variations as the registration officer may consider appropriate must form part of, or accompany, the application form.

(6A) Where the registration officer provides the form on which an application for registration is made, the form shall include—

(a) the words “It is an offence to provide false information in this form”, and

(b) a statement of the maximum penalty for the offence.

(7) Where an application for registration is made otherwise than on a form provided by the registration officer, that officer must on or before the determination of the application send to the applicant in writing the form of words in Schedule 5 or a form of words with substantially like effect and request the applicant to state within 21 days beginning with the date of that request if he wishes his name and address to be excluded from the edited version of the register.

(8) Where an applicant has not replied to the registration officer within 21 days beginning with the date on which the registration officer issued the request under paragraph (7), the registration officer shall assume that the applicant does not request his name and address to be excluded from the edited version of the register.

(9) Where an applicant has replied making such a request within that period, the request shall be treated as part of the application for registration.

(10) Paragraphs (6) and (7) to (9) do not apply to an application for registration which is accompanied by an application for an anonymous entry.

Objections to registration

28

(1) Any objection to a person’s registration shall state—

(a) the name of the person against whom the objection is made;

(b) in the case of an objection made before that person is entered in the register, the address of that person as given in the application for registration;

(c) in the case of an objection made after that person is entered in the register, the electoral number and qualifying address of that person contained in the register;

(d) the grounds of the objection;

(e) the name of the objector and his address as shown in the register (if so shown) together with the address to which correspondence should be sent (if that address is different or if no address is shown in the register); and

(f) the electoral number of the objector.

(2) An objection shall be made in writing and be signed and dated by the person objecting.

(3) In this Part of these Regulations “objection” includes representations made against an application for registration under section 13A(1)(a) of the 1983 Act.

Inspection of applications and objections

29

(1) An entry on the list of applications for registration kept under regulation 30(2)(a) and any objection to a person’s registration shall be made available for inspection at the registration officer’s office until the application to which the entry relates or objection has been determined by the registration officer.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Determination of applications and objections

Procedure for determining applications for registration and objections without a hearing

30

(1) The registration officer shall discharge his functions of determining an application for registration under section 10A(1)(a) or 13A(1)(a) of the 1983 Act and an objection under section 10A(3) of that Act in accordance with this regulation and regulations 31 to 33.

(2) The registration officer must keep separate lists of—

(a) applications for registration;

(b) objections made before the person against whom the objection is made is entered in the register;

(3) On receipt of an application the registration officer must enter the name and (if included in the application) nationality of the applicant and the address claimed as his qualifying address in the list he keeps in pursuance of paragraph (2)(a).

(3A) Paragraph (3) does not apply to an application accompanied by an application for an anonymous entry.

(4) On receipt of an objection made before the person against whom the objection is made is entered in the register, the registration officer must enter—

(a) in the list he keeps in pursuance of paragraph (2)(b), the name and qualifying address of the objector together with the particulars referred to in paragraph (3); and

(b) in the list he keeps in pursuance of paragraph (2)(a), the particulars of the objection.

(5) On receipt of any other objection, the registration officer must enter the name and qualifying address of the objector together with the particulars referred to in paragraph (3) in the list he keeps in pursuance of paragraph (2)(c).

(6) The registration officer may request in writing further information and take no further action until such information is supplied, if he is of the opinion that the particulars given in the application or objection are insufficient.

(7) Subject to paragraph (7A), the registration officer may allow an application without a hearing provided that no objection is made within five days beginning with the day following the entry of the application in the list of applications.

(7A) In the case of an application for registration accompanied by an application for an anonymous entry, the registration officer may allow the application for registration without a hearing at any time.

(8) The registration officer may disallow an objection if he is of opinion that the objector is not entitled to object and he shall so inform the objector.

(9) The registration officer may disallow an objection without a hearing if he is of the opinion that the objection is clearly without merit.

(10) Where the registration officer disallows an objection under paragraph (9), he must send to the objector a notice in writing stating that the objection has been disallowed on that basis and the grounds for his opinion.

(11) An objector may require the objection to be heard by giving notice in writing to the registration officer within three days from the date of the notice given under paragraph (10).

(12) A notification under paragraph (11) is not to prevent the application to which the objection relates from being allowed.

(13) The registration officer may send to the applicant or objector a notice in writing stating his opinion that an application or objection cannot be allowed because—

(a) the matter has been concluded by the decision of a court, or

(b) the particulars given in the application or objection do not entitle the applicant or objector to succeed.

(14) In cases to which paragraph (13) applies, the registration officer shall state the grounds for his opinion and that he intends to disallow the application or objection unless that person gives the registration officer notice in writing within three days from the date of the registration officer’s notice that he requires the application or objection to be heard; and if he receives no such notice within that time, he may disallow the application or objection.

(15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice of hearing

31

(1) The registration officer shall, unless he allows the application or disallows the objection under regulation 30, send a notice in writing—

(a) in the case of an application, to the person making the application; and

(b) in the case of an objection, to the objector and person against whom an objection is made.

(2) A notice issued under paragraph (1) shall state—

(a) the time and place at which he proposes to hear the application or objection;

(b) the name and address of the objector and the grounds of the objection (in the case of the notice sent to the person against whom an objection is made).

(3) The time fixed for the hearing of an application or objection shall not be earlier than the third day or later than the seventh day after the date of the notice referred to in paragraph (1).

Hearing of applications and objections

32

(1) The persons entitled to appear and be heard are as follows—

(a) on an application, the applicant;

(b) on an objection, the objector and the person against whom an objection is made;

(2) The right to appear and be heard includes the right to make written representations.

(3) Any person entitled to appear and be heard may do so either in person or by any other person on his behalf.

(4) The registration officer may, at the request of any person entitled to appear and be heard or, if he thinks fit, without such a request, require that the evidence tendered by any person shall be given on oath and may administer the oath for that purpose.

Objections relating to applications which have been allowed, but before alterations to the register have taken effect

33

(1) This regulation applies where—

(a) an application for registration has been allowed (whether without or following a hearing), and

(b) either—

(i) an objection is later made to that application; or

(ii) an objector whose objection in respect of that application has been disallowed in pursuance of regulation 30(9) notifies the registration officer, in accordance with regulation 30(11), that he requires the objection to be heard; and

(c) no alteration to the register has yet taken effect in respect of that application by virtue of section 13(5) or 13A(2) of the 1983 Act [^f00029].

(2) Where the registration officer—

(a) is able to determine the objection before the alteration to the register is due to take effect, and

(b) allows the objection,

the application is to be treated as if it had been disallowed.

(3) Where the registration officer is not able to determine the objection before the alteration to the register is due to take effect, the objection is to be treated as if it was made after the person against whom it is made is entered in the register.

(4) Where paragraph (3) applies, the registration officer must transfer the entry relating to the objection from the list he keeps in pursuance of paragraph (2)(b) of regulation 30 to the list he keeps in pursuance of paragraph (2)(c) of that regulation.

Other determinations by registration officer of entitlement to registration

34

(1) The registration officer must discharge the functions specified in paragraph (2) in accordance with regulations 35 to 38.

(2) The functions specified in this paragraph are—

(a) determining, under the following provisions, whether a person was entitled to be registered—

(i) sections 7(3)(aa), 7A(3)(aa), 7C(2)(aa), and 15(2)(aa) of the 1983 Act,[^f00030] and

(ii) section 2(2)(aa) of the 1985 Act[^f00031];

(b) determining under section 10A(5)(b) of the 1983 Act[^f00032] whether a person—

(i) was entitled to be registered;

(ii) has ceased to be resident at the address in respect of which he is entered in the register or otherwise ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act[^f00033].

Summary procedure for determining in specified circumstances whether a person has ceased to satisfy conditions for registration

35

(1) In any of the circumstances specified in paragraph (2) the registration officer may make the determination specified in regulation 34(2)(b)(ii) without following the procedure set out in regulations 36 to 38.

(2) The circumstances specified in this paragraph are where the registration officer—

(a) has received an application under regulation 27 which includes a statement to which paragraph (1)(c) of that regulation refers;

(b) has received, from another registration officer, a notification that a person who is entered in the register in respect of an address in Northern Ireland has made an application for registration to that officer which included a statement that the person has ceased to reside at that address;

(c) has been given information by the elector that he has ceased to reside at the address in question or has otherwise ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act;

(d) has been notified by a relative or executor of the elector or by a registrar of births and deaths or by the Senior Coroner for Northern Ireland that the elector has died;

(e) has been provided with information pursuant to regulation 41 that an elector has ceased to reside at the address in question;

(f) has been provided with information pursuant to regulation 41 that the national insurance number provided by the elector in his application for registration is incorrect;

(g) is, as a consequence of a residence audit, not satisfied that an elector is resident at the address in question.

(3) In paragraph (2)—

“elector” means a person who is duly entered in a register in respect of an address; and

“registrar of births and deaths” means the Registrar General of Births and Deaths in Northern Ireland, any registrar of births and deaths in England, Wales or Scotland, or the Registrar General (an tArd-Chláraitheoir) in the Republic of Ireland;

“relative” means a spouse, civil partner, parent, grandparent, brother, sister, child or grandchild;

“residence audit” has the meaning given in regulation 46C.

Procedure for reviewing entitlement to registration

36

(1) A registration officer may, for the purposes of making a determination of the nature specified in regulation 34(2), conduct a review in respect of a person entered in the register.

(2) Where the registration officer is not satisfied that the subject of the review is entitled to be registered, he must—

(a) send to that person such notice, of a kind specified in paragraph (3), as he considers appropriate; and

(b) enter the review in the list kept in pursuance of regulation 37.

(2A) Paragraph (2)(b) does not apply where the subject of the review has an anonymous entry.

(3) A notice is specified for the purposes of paragraph (2)(a) if it—

(a) states that the registration officer is of the opinion that the subject of the review is not entitled to be registered and the grounds for his opinion;

(b) states the reason for the review and requires the subject of the review to provide such further information as might be specified in the notice; or

(4) Where—

(a) the registration officer sends to the subject of the review a notice in the form specified in paragraph (3)(a); and

(b) that person does not, within 14 days beginning with the date of that notice, notify the registration officer that he requires the review to be heard,

the registration officer may determine without a hearing that the subject of the review was not entitled to be registered or, as the case may be, has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act.

(5) Paragraph (6) applies where—

(a) the registration officer sends to the subject of the review a notice in the form specified in paragraph (3)(b); and

(b) that person does not respond to the registration officer’s satisfaction, or at all, within 28 days beginning with the date of that notice.

(6) The registration officer may send a notice to the subject of the review which states that he is not satisfied that that person is entitled to be registered, and the grounds for his opinion.

(7) Where—

(a) the registration officer sends to the subject of the review a notice in pursuance of paragraph (6); and

(b) the subject of the review does not, within 14 days beginning with the date of that notice, notify the registration officer that he requires the review to be heard;

(8) In making a determination under paragraph (4) or (7), the registration officer must take into account any written representations made to him by the subject of the review and may take into account the written representations of any other person who appears to him to be interested.

(9) In this regulation and regulations 37 and 38—

“review” must be construed in accordance with paragraph (1); and

“the subject of the review” means the person in respect of whom the review is conducted.

List of reviews

37

(1) The registration officer must keep a list of reviews.

(2) The list must contain, in relation to each review, the following particulars—

(a) the full name of the subject of the review;

(b) his electoral number;

(d) the reason for the review.

(3) The list must be made available for inspection at the registration officer’s office.

(4) This regulation does not apply to any review where the subject of the review has an anonymous entry.

Hearings of reviews

38

(1) Where the registration officer determines that a hearing of the review should be conducted, the notice given under regulation 36(3)(c) must also state the time and place at which he proposes to hear the review.

(2) Where the subject of the review requires the review to be heard, the registration officer must send to that person a notice in writing stating the time and place at which he proposes to hear the review.

(3) The time fixed for the hearing must not be earlier than the third day after the date of the notice in which that time is stated.

(4) The persons entitled to appear and be heard are—

(a) the subject of the review;

(b) any other person who appears to the registration officer to be interested.

(5) Paragraphs (2) to (4) of regulation 32 apply to the hearing of a review as they apply to the hearing of an application for registration or objection.

(6) The registration officer may determine that the subject of the review was not entitled to be registered or, as the case may be, has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act, despite the failure of that person (or any other person entitled to appear and be heard) to attend.

(7) In making a determination under paragraph (6), the registration officer must take into account any written representations made to him by the subject of the review and may take into account the written representations of any other person who appears to him to be interested.

Registration appeals

39

(1) This regulation makes provision in connection with the right to appeal from—

(a) the decision of the registration officer regarding an application for registration under section 58(1)(a) of the 1983 Act[^f00034];

(b) the decision of the registration officer made under section 58(1)(b) of the 1983 Act in accordance with regulations 35 to 38 that a person was not entitled to be registered, or as the case may be, has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act.

(c) a determination of the registration officer under section 9B(2) of the 1983 Act made in accordance with regulation 38B; or

(d) a determination of the registration officer under section 9C(1B) of the 1983 Act made in accordance with regulation 38E.

(2) A person desiring to appeal must—

(a) give notice of appeal to the registration officer and to the objector (if any) when the decision is given, or within 14 days thereafter; and

(b) specify the grounds of appeal.

(3) The registration officer shall forward any such notice to the appropriate county court in accordance with the rules of court together with—

(a) a statement of the material facts which in his opinion have been established in the case; and

(b) his decision upon the whole case and on any point which may be specified as a ground of appeal.

(4) Where it appears to the registration officer that any notices of appeal given to him are based on similar grounds, he shall inform the appropriate county court of this to enable the court (if it thinks fit) to consolidate the appeals or select a case as a test case.

Representations regarding clerical errors

40

(1) For the purposes of section 13BA(8)[^f00035] of the 1983 Act a representation may be made orally or in writing.

(2) Where a representation is made at a polling station to a presiding officer, the presiding officer must as soon as practicable communicate that representation to the registration officer.

Requests for information

41

(1) The registration officer may, from time to time, request such specified information as he may require for any of the purposes mentioned in paragraph 1A(1) of Schedule 2 to the 1983 Act[^f00036]from—

(a) any specified authority; or

(b) any person providing services to, or authorised to exercise any function of, any such authority.

(2) A request for information shall—

(a) be in writing;

(b) specify the format in which the information shall be provided; and

(3) A request for information may—

(a) request the regular disclosure of specified information at intervals not more frequent than monthly; and

(b) relate to a specified individual or a class of individuals of a particular description.

(4) A recipient of a request for information shall—

(a) provide the information requested by the specified date; ...

(b) inform the registration officer that the information requested is not held by that authority or person; ...

(d) if paragraph (4A) applies, inform the registration officer that they have used all reasonable endeavours to locate the information but have been unable to do so.

(4A) This paragraph applies where the information requested—

(a) came into the recipient’s control before 6th June 2007, and

(b) relates to a person who is seeking to be registered, or is registered, in pursuance of an overseas elector’s declaration.

(5) Nothing in these Regulations requires the disclosure of information which came into the possession of an authority or person before any previous disclosure made in response to a request made in accordance with this regulation.

(6) Where a request for the same information is made more than once, the recipient of the request may provide the information requested if, in his opinion, the information is reasonably required by the registration officer to replace any information previously disclosed which has been lost, destroyed or impaired during processing by the registration officer.

(7) Nothing in these Regulations shall be taken to require a specified authority or person mentioned in paragraph (1) to disclose information which came into their control before 6th June 2007[^f00037].

(8) But paragraph (7) does not apply where the request for information is in relation to a person who is seeking to be registered, or is registered, in pursuance of an overseas elector’s declaration.

Provision of information to the registration officer

42

(1) The authorities set out in paragraph (2) are specified authorities for the purposes of regulation 41.

(2) The specified authorities are—

(a) district councils;

(b) the Registrar General of Births and Deaths in Northern Ireland;

(d) the Department for Work and Pensions;

(da) the Northern Ireland Office;

(e) secondary schools within the meaning of article 2 of the Education and Libraries (Northern Ireland) Order 1986[^f00038]; ...

(ea) institutions of further education within the meaning of article 2 of the Further Education (Northern Ireland) Order 1997; and

(f) the Northern Ireland Housing Executive.

(3) For the purposes of regulation 41 the specified information is such of the information set out in paragraphs (4) to (6) as is, in the opinion of the registration officer, required to maintain the accuracy of the register and to ensure that it is comprehensive.

(4) The specified information in respect of persons is such of the following information which relates to a person aged 16 or over—

(a) his name and any previous name;

(b) his address and last former address;

(d) his date of death; and

(e) his national insurance number.

(5) The specified information in respect of residential buildings is—

(a) the postal address;

(b) information relating to any change in the usage of the building from residential to non-residential; and

(6) The specified information in respect of non-residential buildings is information relating to any change in the usage of the building from non-residential to residential.

(7) For the purpose of this regulation “residential buildings” includes residential buildings which are under construction and to which a postal address has been assigned.

Disclosure of information

43

(1) A person commits an offence if he discloses information obtained under these Regulations to a third party except—

(a) for any of the purposes mentioned in paragraph 1A(1) of Schedule 2 to the 1983 Act; or

(b) for the purposes of any criminal or civil proceedings.

(2) A person guilty of an offence under this regulation shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3) In this regulation “third party” means a person other than a person to whom the Chief Electoral Officer for Northern Ireland may delegate his functions.

Notices in connection with registration

44

(1) A notice under section 13(3) of the 1983 Act[^f00039] must be published—

(a) not less than 14 days before the publication of the revised version of the register to which it relates;

(b) in a newspaper circulating in the area in which the registration officer acts, and

(2) A notice under section 13A(2) , 13BA(3), (6) or (9) or 13BC(3) or (6) of that Act must be issued by—

(a) making a printed copy of it available for inspection under supervision—

(i) at his office, and

(ii) at such places, if any, in the registration area as allow members of the public in that area reasonable facilities for that purpose;

(b) supplying copies of it in accordance with Part 6 of these Regulations;

(3) For the purposes of section 13BA(7) and (8) of the 1983 Act, the prescribed time on the day of the poll is 7pm.

(4) For the purposes of section 13BC(5)(a) of the 1983 Act, the prescribed time is three hours before the end of the signing period (within the meaning of section 9(2) of the Recall of MPs Act 2015).

Communication of notices made on polling day

45

(1) Where a notice is issued under section 13BA(3), (6) or (9) of the 1983 Act on the day of the poll, the registration officer must take reasonable steps to ensure that the notice comes to the attention of the presiding officer.

(2) Such steps may include communicating the notice to the presiding officer by telephone.

(3) Where a notice issued under 13BA(3), (6) or (9) of the 1983 Act is communicated to a presiding officer by whatever means, the presiding officer must make a written record of that notice and forward it in writing to the returning officer after the day of the poll.

Notice by registration officer of a change of address

46

(1) This regulation applies where the registration officer receives an application for registration which includes a statement given in accordance with regulation 27(1)(c).

(2) Where the address given in the statement received by the Northern Ireland registration officer is in an area for which another registration officer (“the former registration officer”) acts, the Northern Ireland registration officer shall as soon as practicable notify the former registration officer that the applicant has notified the Northern Ireland registration officer that the applicant no longer resides in his area.

(3) The Northern Ireland registration officer may make a notification under paragraph (2) through the UK digital service.

The register

Separate part of register for each parliamentary polling district

47

The register shall be framed in separate parts for each parliamentary polling district.

Different letter for each parliamentary polling district

48

There shall be a different alphabetical letter or letters in the register for each parliamentary polling district and such letter or letters shall be deemed to form part of an elector’s number in the register.

Qualifying addresses which are not included in the register

49

(1) Section 9(2)(b) of the 1983 Act[^f00040] (which requires each register of parliamentary or local electors to contain the qualifying addresses of the persons registered in it) does not apply—

(a) to an address to which paragraph (2) or (4) applies; or

(b) which is specified in an overseas elector’s declaration in accordance with section 1C(2)(a)(i), (3)(a)(i) or (4) of the 1985 Act[^f00041].

(2) This paragraph applies to an address given by—

(a) a service voter in his service declaration; or

(b) a person who has made a declaration of local connection,

to which the condition in paragraph (3) applies.

(3) The condition is that it appears to the registration officer that an address specified in paragraph (2) is an address—

(a) at which the person making a declaration has resided; but

(b) which is not an address at which he is or would be residing but for the circumstances entitling him to make such a declaration.

(4) This paragraph applies to an address given in a declaration of local connection in accordance with section 7B(4)(b) of the 1983 Act[^f00042].

Order of names

50

(1) Subject to paragraphs (2) and (3), the names and addresses of each separate part of the register shall be arranged in street order.

(2) If the registration officer determines for any part of the register that street order is not reasonably practicable, the names and addresses shall be arranged in alphabetical order or partly in street order and partly in alphabetical order.

(3) The name of any person whose qualifying address is not contained in a register by virtue of regulation 49 shall be grouped together in alphabetical order—

(a) at the end of that part of the register to which the address relates;

(b) beneath the heading “Other electors”; and

Marking of names

51

(1) Paragraphs (3A), (5) and (6) specify the marks to appear against a person’s entry in the register to indicate that he is registered in one or more of the two registers (those of: parliamentary electors and local electors) which are required to be combined.

(2) Where no mark appears against a person’s entry in the register of electors, this indicates that he is registered in the registers of parliamentary and local electors.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3A) To indicate that a qualifying EU citizen or an EU citizen with retained rights is registered only in the register of local electors, the letter “B” shall be placed against the person’s entry.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) To indicate that any other person is registered only in the register of local electors, the letter “L” shall be placed against this entry.

(6) To indicate that an overseas elector is registered only in the register of parliamentary electors, the letter “F” shall be placed against his entry.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Publication of register

52

(1) The manner in which each revised version of the full register is to be published under section 13(1) or (3) of the 1983 Act[^f00043] is by the registration officer—

(a) making a printed copy of it available for inspection under supervision—

(i) at his office; and

(ii) at such places, if any, in each registration area as allow members of the public in that area reasonable facilities for that purpose; and

(b) supplying copies of it in accordance with Part 6 of these Regulations.

(2) The revised version of the register shall be kept published until the coming into force of the next revised version of it.

Preparation and publication of list of overseas electors

53

(1) The registration officer shall prepare and maintain a list of the names of each person (P) who appears to him to be entitled to be registered in pursuance of an overseas elector’s declaration (“the list of overseas electors”) ....

(1ZA) The registration officer must include in the list of overseas electors—

(a) the address specified by P in the overseas elector’s declaration in accordance with section 1C(2)(a)(i), (3)(a)(i) or (4) of the 1985 Act, and

(b) P’s present address.

(1A) But in the case of a person who has an anonymous entry, the list of overseas electors must contain only—

(a) the person’s electoral number, and

(b) the date on which the person’s entitlement to remain registered anonymously will terminate under section 9C(1A) of the 1983 Act (in the absence of a further application under section 9B of that Act).

(2) In respect of each constituency there shall be a separate part of the list of overseas electors; and the names of the persons included in each part who do not have an anonymous entry shall be listed in alphabetical order , followed by the electoral numbers of persons with an anonymous entry.

(3) At the time when the registration officer publishes a revised version of the register under section 13(1) of the 1983 Act, he shall publish the list of overseas electors by making a copy of it available for inspection under supervision at his office; and the list shall be kept so published until the next revised version of the register is published under section 13(1) of the 1983 Act.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 4 — ABSENT VOTERS

Interpretation of Part 4

54

In this Part—

“his allotted polling station” in relation to an elector means the polling station allotted or likely to be allotted to him under the elections rules; andone person is “related” to another if he is the spouse or civil partner, parent, grandparent, brother, sister, child or grandchild of the other.

General requirements for applications for an absent vote

55

(1) An application under section 6, 7, 8 or 9 of the 1985 Act[^f00044] must comply with the requirements of this regulation and such further requirements in this Part of these Regulations as are relevant to the application.

(2) In the case of an application under section 6(1) or 7(1), the application must state, in addition to the matters required by section 6(1)(ba) to (bc) or section 7(1)(ba) to (bc) of the 1985 Act [^f00045]—

(a) the full name of the applicant;

(b) the address in respect of which the applicant is or will be registered in the register except in the case of an application under section 9 of the 1985 Act;

(c) in the case of such an application the proxy’s address, together with the name of the elector for whom he will act as proxy and the elector’s address for the purposes of sub-paragraph(b); ...

(d) in the case of an application under section 6(1), 7(1) or 9(4) or (7) of the 1985 Act, the grounds on which the elector claims to be entitled to an absent vote , and

(e) where the applicant has, or has applied for, an anonymous entry, that fact.

(3) The application shall be made in writing and be signed and dated by the applicant.

(4) Where an application is made to vote by proxy, it shall include an application for the appointment of a proxy which meets the requirements of regulation 56.

Additional requirements for applications for the appointment of a proxy

56

(1) An application for the appointment of a proxy under section 8(6) or (7) of the 1985 Act shall state the full name , date of birth and address of the person whom the applicant wishes to appoint as his proxy, ... and—

(a) if it is signed only by the applicant, shall contain a statement by him that he has consulted the person so named and that the person is capable of being and willing to be appointed to vote as his proxy; or

(b) if it is also signed by the person to be appointed, shall contain a statement by that person that he is capable of being and willing to be appointed to vote as the applicant’s proxy.

(2) Where the application mentioned in paragraph (1) is made by an elector with an anonymous entry, the application must be accompanied by an application, by the person to be appointed as proxy, under—

(a) section 9(4) of the 1985 Act (application to vote by post as proxy at parliamentary elections for an indefinite period); or

(b) section 9(7) of the 1985 Act (application to vote by post as proxy at a particular election) in relation to the election.

Additional requirements for applications on grounds of blindness or other disability

57

(1) An application under section 6(2)(b)[^f00046] of the 1985 Act shall specify the disability by reason of which it is made.

(2) Subject to paragraph (3), such an application shall be attested and signed by a person who is registered in the register and who is—

(a) a registered medical practitioner;

(b) a nurse registered on the register maintained by the Nursing and Midwifery Council under article 5 of the Nursing and Midwifery Order 2001[^f00047] by virtue of qualifications in nursing;

(ba) a social worker registered under the principal part of the register maintained by the Northern Ireland Social Care Council under section 3 of the Health and Personal Services Act (Northern Ireland) 2001;

(d) the person registered under the Registered Homes (Northern Ireland) Order 1992[^f00048] as carrying on a residential care home within the meaning of article 3 of that Order or a nursing home within the meaning of article 16 of that Order, where the applicant states that he is resident in such a home;

(e) the person in charge of residential accommodation provided under article 15 of the Health and Personal Social Services (Northern Ireland) Order 1972[^f00049], where the applicant states that he is resident in such accommodation; or

(f) the manager or other person in charge of premises forming one of a group of premises provided for persons of pensionable age or persons with a disability for which there is a resident manager or other person in charge, where the applicant states that he resides in such premises.

(3) The person attesting the application shall state—

(a) his name and address and the qualification by virtue of which he attests the application;

(ab) that he is registered in the register;

(b) that, to the best of his knowledge and belief, the applicant has the disability specified in the application and that he cannot reasonably be expected to go in person to his allotted polling station or to vote unaided there by reason of that disability; and

(c) that, to the best of his knowledge and belief, the disability specified in the application is likely to continue either indefinitely or for a period specified by the person attesting the application.

(4) Paragraphs (2) to (4) shall not apply where—

(a) the application is based on the applicant’s blindness and the applicant is registered as a blind person by a Health and Social Care trust which is specified in the application; or

(b) the application states that the applicant is in receipt of—

(i) the higher rate of attendance allowance (payable under section 65 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992); or

(ii) the highest rate of the care component or the higher rate of the mobility component (or both) of the disability living allowance (payable under section 72 and section 73 of that Act) ; ...

(iii) armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011, ...

(iv) the enhanced rate of the daily living component or the enhanced rate of the mobility component (or both) of personal independence payment (payable under Articles 83(2) and 84(2) of the Welfare Reform (Northern Ireland) Order 2015), ...

(v) the higher rate of the mobility component of disability assistance for children and young people (payable in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018), or

(vi) the enhanced rate of the mobility component of disability assistance for working age people (payable in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018),

because of the disability specified in the application.

(5) The fact that an applicant is registered with a Health and Social Care trust as a blind person shall be deemed sufficient evidence that he is eligible for an absent vote on the grounds set out in section 6(2)(b) of the 1985 Act.

Additional requirements for applications for the appointment of a proxy

58

(1) An application under section 6(2)(c) of the 1985 Act[^f00051] shall state—

(a) whether the occupation, service or employment in respect of which it is made is that of the applicant or his spouse or civil partner; or

(b) whether it is the applicant or his spouse or civil partner who is attending the course provided by an educational institution in respect of which the application is made; and

(c) the nature of the occupation, service or employment or course provided by an educational institution giving rise to the application;

(d) where the person in respect of whose occupation, service or employment it is made (in this regulation referred to as “the employed person”) is self-employed, that fact; and in any other case the name of that person’s employer;

(e) the reason, relevant to the general nature of the employment, service or occupation in question or the course provided by an educational institution, why the applicant cannot reasonable be expected to go in person to his allotted polling station.

(2) Such an application shall be attested and signed—

(a) where the person is self-employed, by a person who—

(i) is aged 18 years or over;

(ii) knows the self-employed person; and

(iii) is not related to him;

(b) by the employer of the employed person or by another employee to whom this function is delegated by the employer; and

(c) in the case of a course provided by an educational institution, by the director or tutor of that course or by the principal or head of that institution or an employee to whom this function is delegated by the head or principal.

(3) The person attesting an application made under paragraph (2) shall—

(a) where the applicant is the employed person, self-employed person or the person attending the course, certify that the statements required by sub-paragraphs (a) to (e) of paragraph (1) to be included in the application are true; or

(b) where the applicant is the spouse or civil partner of the employed person, self-employed person or the person attending the course, certify that the statements included in the application in accordance with the requirements of sub-paragraphs (a) to (d) of paragraph (1) are true.

(4) The person attesting an application under paragraph (2) shall also state—

(a) his name and address, that he is aged 18 years or over, that he knows the employed person, self-employed person or person attending a course provided by an educational institution but is not related to him; and

(b) if he is attesting as or on behalf of the employer of the employed person, that he is the employer or the position he holds in the employment of that employer; or

(c) if he is attesting an application made on the grounds of attendance at a course provided by an educational institution, the post he holds at that institution.

Additional requirements for applications on grounds of blindness or other disability

59

(1) An application under section 7(1) of the 1985 Act shall set out why the applicant’s circumstances on the date of the poll for the election in respect of which it is made will be or are likely to be such that he cannot reasonably be expected to vote in person at his allotted polling station.

(2) Except in respect of an application to which paragraph (4), (6) or (8) applies, such an application shall be signed and attested by a person who—

(a) is aged 18 years or over;

(b) resides in the United Kingdom;

(d) has not attested under this paragraph more than one other application in respect of the election for which the application he attests is made or that election taken together with any other election in Northern Ireland the poll for which is taking place on the same day.

(3) The person attesting an application under paragraph (2) shall state—

(a) his full name and address;

(b) that he is aged 18 years or over;

(d) that he knows the applicant but is not related to him; and

(e) that he has not attested under paragraph (2) more than one other application in respect of the election for which the application he attests is made or that election taken together with any other election in Northern Ireland the poll for which is taking place on the same day,

and shall certify that, to the best of his knowledge and belief, the statement included in the application in accordance with paragraph (1) is true.

(4) This paragraph applies in respect of an application under section 7(1) of the 1985 Act in which the circumstances set out in accordance with paragraph (1) are that the applicant will be or is likely to be ill on the date of the poll, and which—

(a) specifies the illness which he is likely to suffer from; and

(b) is attested and signed by a person who is registered in the register and who is one of the persons specified in sub-paragraphs (a), (b) and (c) of regulation 57(2).

(5) The person attesting an application under paragraph (4) shall state—

(a) his name and address;

(ab) that he is registered in the register;

(b) the qualification by virtue of which he is authorised to attest it;

(c) that he has seen the applicant in connection with the circumstances set out in the application in accordance with paragraph (1); and

(d) that, to the best of his knowledge and belief—

(i) the applicant is suffering from the illness specified in the application;

(ii) that he will be or is likely to be so suffering on the date of the poll; and

(iii) that he cannot reasonably be expected to vote in person at his allotted polling station because of that illness.

(6) This paragraph applies in respect of an application under section 7(1) of the 1985 Act—

(a) which is received by the registration officer after 5 p.m. on the fourteenth day (calculated in accordance with regulation 61(5)) before the date of the poll at the election in question (“the standard closing date for applications”) but before 5 p.m. on the sixth day (so calculated) before the date of that poll;

(b) in which the circumstances set out in accordance with paragraph (1) relate to the applicant’s health;

(c) which includes a statement to the effect that, before the standard closing date for applications, the applicant could not have reasonably foreseen that those circumstances would, or would be likely to, exist on the date of the poll; and

(d) which is attested and signed a person who is registered in the register and who is by one of the persons specified in sub-paragraphs (a), (b) and (c) of regulation 57(2).

(7) The person attesting an application under paragraph (6) shall state—

(a) his name and address;

(ab) that he is registered in the register;

(b) the qualification by virtue of which he is authorised to attest it;

(c) that he has seen the applicant in connection with the circumstances set out in the application in accordance with paragraph (1);

(d) that to the best of his knowledge and belief—

(i) the applicant is suffering from the illness specified in the application;

(ii) that he will be or is likely to be so suffering on the date of the poll; and

(iii) that he cannot reasonably be expected to vote in person at his allotted polling station because of that illness; and

(e) that, to the best of his knowledge and belief, the statement which the applicant made in accordance with paragraph (6)(c) is correct.

(8) This paragraph applies in respect of an application under section 7(1) of the 1985 Act—

(a) which is received by the registration officer during the period specified in paragraph (6)(a);

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.

The Representation of the People (Northern Ireland) Regulations 2008

PART 1 — GENERAL, INTERPRETATION AND MISCELLANEOUS

Citation, commencement and extent

1

Revocations

2

Interpretation

3

Forms

4

Communication of applications, notices etc.

5

Electronic signatures and related certificates

6

Copies of documents

7

Time

8

Official poll card at parliamentary elections

9

Return and declaration of election expenses

10

Interference with notices etc.

11

Device referred to in rule 29(3A)(b) of elections rules

12

Applications for an electoral identity card

13

Registration of European parliamentary overseas electors

14

Amendment of rule 37(1E) of the elections rules

15

PART 2 — SERVICE AND OVERSEAS ELECTORS’ DECLARATIONS

Service declarations

Qualification for Crown servant

16

Contents of service declaration

17

Transmission of service declaration

18

Notification by registration officer in respect of service declaration

19

Overseas elector’s declarations

Contents of overseas elector’s declaration

20

Certain declarants to supply copy of birth certificates

21

Attestation of certain overseas electors’ declarations

22

Notification about registration as overseas elector

23

PART 3 — REGISTRATION

Information about electors

Power to require information

24

Alteration of registers under section 13BA(3) or 13BC of the 1983 Act

25

Reminders to electors registered pursuant to a declaration

26

Applications for registration

27

Objections to registration

28

Inspection of applications and objections

29

Determination of applications and objections

Procedure for determining applications for registration and objections without a hearing

30

Notice of hearing

31

Hearing of applications and objections

32

Objections relating to applications which have been allowed, but before alterations to the register have taken effect

33

Other determinations by registration officer of entitlement to registration

34

Summary procedure for determining in specified circumstances whether a person has ceased to satisfy conditions for registration

35

Procedure for reviewing entitlement to registration

36