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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

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(b) in which the circumstances set out in accordance with paragraph (1) relate to the applicant’s employment either as a constable or by the returning officer on the date of the poll of the election for which the application is made for a purpose connected with that election or any other parliamentary ... election the poll for which is held on the same day;

(d) in the case of a constable, which is signed by a member of the Police Service of Northern Ireland of or above the rank of chief inspector.

Additional requirements for applications based on occupation, service, employment or attendance on a course

60

An application under section 9(7)(a) 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 the polling station allotted or likely to be allotted to the elector under the elections rules.

Closing date for applications

61

(1) An application under section 6(1) or (5), 8(6) or 9(4) of the 1985 Act shall be disregarded for the purposes of a particular election if it is received by the registration officer after 5 p.m. on the fourteenth day before the day of the poll at that election.

(2) Subject to paragraph (3), an application under section 7(1) or (2), 8(7) or 9(7) or (8) of the 1985 Act shall be refused if it is received by the registration officer after 5 p.m. on the fourteenth day before the day of the poll at the election for which is made.

(3) Paragraph (2) shall not apply to an application which satisfies the requirements of either paragraphs (6) and (7) or paragraph (8) of regulation 59; and such an application shall be refused if it is received by the registration officer after 5 p.m. on the sixth day before the day of the poll at the election for which it is made.

(4) An application under—

(a) section 6(4)(a) of the 1985 Act by an elector to be removed from the record kept under section 6(3) of that Act; or

(b) section 9(11)(a) of that Act by a proxy to be removed from the record kept under section 9(6) of that Act,

and a notice under section 8(9) of that Act by an elector cancelling a proxy’s appointment shall be disregarded for the purposes of a particular election if it is received by the registration officer after 5 p.m. on the fourteenth day before the date of the poll at that election.

(5) In computing a period of days for the purposes of this regulation, Saturday, Sunday, Christmas Eve, Christmas Day, Good Friday or a bank holiday shall be disregarded.

(6) In paragraph (5) “bank holiday” means—

(a) in relation to a general election, a day which is a bank holiday under the Banking and Financial Dealings Act 1971[^f00052] in any part of the United Kingdom; and

(b) in relation to a by-election, a day which is a bank holiday under that Act in Northern Ireland,

except that where, at a parliamentary general election, any proceedings are commenced afresh by reason of a candidate’s death, sub-paragraph (b), not sub-paragraph (a), shall apply.

Grant or refusal of applications

62

(1) Where the registration officer grants an application under section 6, 7, 8 or 9 of the 1985 Act, he shall, where practicable, notify the applicant in writing of his decision.

(2) Where the registration officer grants an application for the appointment of a proxy, he shall confirm in writing to the elector that the proxy has been appointed, his name and address, and the duration of the appointment.

(3) The proxy paper ... to be issued by the registration officer on the appointment of a proxy shall be in Form E.

(4) Where the registration officer refuses an application under section 6, 7, 8 or 9 of the 1985 Act, he shall notify the applicant in writing of his decision and, in the case of an application under section 6(1) or 9(4), of the reasons for it; and he shall date such a notification.

(5) Where under regulation 61(1) or 61(4) the registration officer disregards an application for the purposes of a particular election, he shall, where practicable, notify the applicant in writing of this.

(6) Paragraphs (7) and (8) apply in the following situations—

(a) where a person makes an application to vote by post under section 6(1) of the 1985 Act (application for postal vote for indefinite period) and the addresses provided in accordance with section 6(6) of that Act (address to which ballot paper should be sent) and regulation 55(2)(b) (address in the register) are different;

(b) where a person makes an application to vote by post under section 7(1) of the 1985 Act (application for postal vote for a particular election) and the addresses provided in accordance with section 7(5) of that Act (address to which ballot paper should be sent) and regulation 55(2)(b) (address in the register) are different;

(c) where a person who is a proxy makes an application to vote by post under section 9(4) or (7) of the 1985 Act (application by proxy for postal vote for indefinite period or for a particular election) and the addresses provided for the proxy in accordance with section 9(12) of that Act (address to which ballot paper should be sent) and regulation 55(2)(c) (proxy’s address as provided in proxy application) are different;

(d) where a person makes an application under section 7(2)(a) of the 1985 Act (application by person registered as postal voter for indefinite period to have ballot papers sent to a different address for a particular election);

(e) where a person makes an application under section 9(8) of the 1985 Act (application by proxy registered as postal voter for indefinite period for ballot papers to be sent to a different address for a particular election).

(7) Where the registration officer grants the application, the notification under paragraph (1) must include a statement that the ballot paper will be sent to the address specified in the application as the address to which the ballot paper should be sent.

(8) A notification about the application under paragraph (1), (4) or (5) must be delivered to the applicant’s normal address, except where paragraph (9) applies.

(9) This paragraph applies where the applicant is—

(a) an applicant registered in pursuance of a service declaration,

(b) an applicant registered in pursuance of a declaration of local connection (within the meaning of section 7B of the 1983 Act),

(d) an applicant who has an anonymous entry.

(10) In paragraph (8), “the applicant’s normal address” means—

(a) in the situation mentioned in paragraph (6)(a) or (b), the address provided under regulation 55(2)(b) (address in the register);

(b) in the situation mentioned in paragraph (6)(c), the address provided under regulation 55(2)(c) (proxy’s address as provided in proxy application);

(c) in the situation mentioned in paragraph (6)(d), the address recorded under section 6(3)(b) of the 1985 Act (address provided in application for postal vote as address to which ballot papers should be sent);

(d) in the situation mentioned in paragraph (6)(e), the address recorded under section 9(6)(b) of the 1985 Act (address provided in application for postal vote by proxy as address to which ballot papers should be sent).

Notice of appeal

63

(1) A person desiring to appeal under section 58(1)(b) of the 1983 Act[^f00053] against the decision of a registration officer must give notice in writing of the appeal to the registration officer within 14 days of the receipt of the notice given under regulation 62(4), specifying the grounds of appeal.

(2) The registration officer shall forward any such notice to the appropriate county court together with a statement of the material facts which in his opinion have been established in the case, of his decision upon the whole case and on any point which may be specified as a ground of appeal.

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

Cancellation of proxy appointment

64

Where the appointment of a proxy is cancelled by notice given to the registration officer under section 8(9) of the 1985 Act[^f00054] or ceases to be in force under that provision or is no longer in force under section 8(10)(b) of that Act, the registration officer shall—

(a) notify the person whose appointment as proxy has been cancelled, ceases to be or is no longer in force, unless the registration officer has previously been notified by that person that he no longer wishes to act as proxy; and

(b) remove his name from the record kept under section 6(3)(c) of that Act.

Inquiries by registration officer

65

(1) The registration officer may, at such times as he thinks fit, make inquiries of a person who is shown in the record kept under section 6(3) of the 1985 Act[^f00055] by virtue of an application under that section on the grounds set out in paragraph (b) or (c) of section 6(2).

(2) In the case of a person who is shown in the record kept under section 6(3) of the 1985 Act by virtue of an application under that section on the grounds set out in section 6(2)(c), the registration officer shall make the inquiries referred to in paragraph (1) not later than three years after the granting of the application or the last such inquiries, as the case may be.

(3) The registration officer may treat the failure by a person of whom inquiries have been made to respond to such inquiries within one month of the date on which they were made as sufficient evidence of a material change in circumstances.

Records and lists kept under sections 6, 7 and 9 of the 1985 Act

66

(1) The registration officer shall, on request, supply free of charge a copy of the list kept under sections 7(4) and 9(9) of the 1985 Act[^f00056] to each candidate at a parliamentary election or his election agent.

(2) The registration officer shall make available for inspection at his office a copy of the records kept under sections 6(3) and 9(6) of the 1985 Act[^f00057].

(2A) The registration officer must not make available for inspection under paragraph (2) a copy of any record relating to—

(a) a person who has an anonymous entry; or

(b) the proxy of a person who has an anonymous entry.

(3) As soon as practicable after the sixth day before the day of the poll (calculated in accordance with regulation 61(5)) the registration officer shall publish the lists kept under sections 7(4) and 9(9) of the 1985 Act by making a copy of them available for inspection at his office.

Marked register for polling stations

67

To indicate that an elector or his proxy is entitled to vote by post and is for that reason not entitled to vote in person, the letter “A” shall be placed against the entry of that elector in any copy of the register, or part of it, provided for a polling station.

Certificate of employment at a parliamentary election

68

(1) The form of certificate in Form F is prescribed for the purposes of rule 32(3) of the elections rules.

(2) The prescribed officer of police for those purposes is a member of the Police Service of Northern Ireland of or above the rank of chief inspector.

Form of Corresponding number lists

69

(1) The form of the corresponding number list to be prepared by the returning officer under rule 19A[^f00058] of the elections rules shall be in Form G.

(2) The form of the corresponding number list to be prepared by the returning officer for the purposes of rules 29(3)(e)[^f00059] and 37(1)(c)[^f00060]of the elections rules shall be in Form H.

(3) The form of the corresponding number list to be prepared by a returning officer under rule 19A of the elections rules, when a parliamentary election is combined with another poll under section 15 of the 1985 Act[^f00061] shall be in Form J.

(4) The form of the corresponding number list to be prepared by a returning officer for the purposes of rules 29(3)(e) and 37(1)(c) of the elections rules, when a parliamentary election is combined with another poll under section 15 of the 1983 Act shall be in Form K.

PART 5 — ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS

Interpretation of Part 5

70

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

“absent voters list” means the list kept under section 7(4) of the 1985 Act;

“agent” includes the election agent and a person appointed to attend in the election agent’s place;

“ballot paper envelope” and “covering envelope” means the envelopes referred to in regulation 78;

“left behind postal voting document” has the same meaning as in regulation 84F(1);”;

“list of postal proxies” means the list kept under section 9(9) of the 1985 Act;

“postal ballot paper” means a ballot paper issued to a postal voter;

“postal voter” means an elector or proxy who is entitled to vote by post;

“postal voters’ ballot box” means the ballot box referred to in regulation 83(1)(a);

“postal voting document” means a postal ballot paper or declaration of identity;”;

“receptacle for ballot paper envelopes”, and other references to specified receptacles, means the receptacles referred to in regulation 83(5);

“return of postal voting documents form” has the same meaning as in regulation 84A(2);

“spoilt postal ballot paper” means a ballot paper referred to in regulation 81(1);

“universal postal service provider” has the meaning given in Part 3 of the Postal Services Act 2011 to a “universal service provider”; and

“valid declaration of identity” means one falling within regulation 87(1).

(2) In this Part, a reference to a person seeking to hand in a postal voting document is a reference to a person seeking to hand in a covering envelope purporting to contain a postal voting document to the returning officer.

Issue of Postal Ballot Papers

Form of declaration of identity

71

The form of the declaration of identity for the purposes of rule 24 of the elections rules[^f00063] shall be in—

(a) Form L at a parliamentary election where the poll is taken alone;

(b) Form M at a parliamentary election where the poll is taken together with the poll at another election.

Persons entitled to be present at proceedings on issue and receipt of postal ballot papers

72

(1) Without prejudice to the provisions of section 6A, 6B, 6C, 6D or 6E of the Political Parties, Elections and Referendums Act 2000[^f00064] no person may be present at the proceedings on the issue or receipt of postal ballot papers at a parliamentary election other than—

(a) the returning officer and the returning officer’s clerks;

(b) a candidate;

(d) any agents appointed under regulation 73.

(2) Sub-paragraphs (b), (c) and (d) of paragraph (1) do not apply to proceedings on issue or receipt of tendered postal ballot papers under rule 40ZA of the elections rules.

Agents of candidates who may attend proceedings on issue or receipt of postal ballot papers

73

(1) Each candidate may appoint one or more agents to attend the proceedings on the issue or receipt of the postal ballot papers.

(2) The returning officer shall specify the number of agents allowed to attend proceedings under paragraph (1).

(3) The number of agents specified under paragraph (2) shall be the same for each candidate.

(4) Notice in writing of the appointment stating the names and addresses of the persons appointed shall be given by the candidate to the returning officer before the time fixed for the issue of the postal ballot papers or the opening of the postal voters’ ballot box, as the case may be.

(5) If an agent dies or becomes incapable of acting, the candidate may appoint another agent in his place and shall forthwith give to the returning officer notice in writing of the name and address of the agent appointed.

(6) Agents may be appointed and notice of appointment given to the returning officer by the candidate’s election agent instead of by the candidate.

(7) In this Part of these Regulations references to agents shall be taken as references to agents whose appointments have been duly made and notified and, in the case of agents appointed under paragraph (1), who are within the number authorised by the returning officer.

(8) A candidate may himself do any act or thing which any agent of his, if appointed, would have been authorised to do, or may assist his agent in doing any such act or thing.

(9) Where in this Part of these Regulations any act or thing is required or authorised to be done in the presence of the candidates or their agents, the non-attendance of any such persons or person at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.

(10) Nothing in this regulation applies to the issue or receipt of tendered postal ballot papers under rule 40ZA of the elections rules.

Notification of requirement of secrecy

74

The returning officer shall make such arrangements as he thinks fit to ensure that every person attending the proceedings in connection with the issue or receipt of postal ballot papers has been given a copy in writing of the provisions of subsections (4) and (6) of section 66 of the 1983 Act[^f00065].

Notice of issue of postal ballot papers

75

(1) The returning officer shall give each candidate not less than 48 hours’ notice in writing of the time and place at which he will issue postal ballot papers and of the number of agents which each candidate may appoint under regulation 73 to attend that issue.

(2) Where any subsequent issue of postal ballot papers is made, the returning officer shall notify each candidate in writing as soon as practicable of the time and place at which he will make such subsequent issue and of the number of agents the candidate may appoint under regulation 73 to attend such issue.

(3) Nothing in this regulation applies to the issue of tendered postal ballot papers under rule 40ZA of the elections rules.

Procedure on issue of postal ballot paper

76

(1) The number of the elector as stated in the register shall be marked on the corresponding number list, next to the number and unique identifying mark of the ballot paper issued to the elector.

(2) A mark shall be placed in the absent voters list or the list of postal proxies against the number of the elector to denote that a ballot paper has been issued to the elector or his proxy, but without showing the particular ballot paper issued.

(3) The number of a postal ballot paper shall be marked on the declaration of identity sent with that paper.

(4) Where the poll at one election is taken with the poll at another election, the colour of the postal ballot paper must also be marked on the declaration of identity sent with that paper.

(5) The address to which the postal ballot paper, declaration of identity and the envelopes referred to in regulation 78 are to be sent is—

(a) in the case of an elector, the address shown in the absent voters list (or, where the elector has an anonymous entry, the address that would be so shown but for section 7(4A) of the 1985 Act);

(b) in the case of a proxy, the address shown in the special list kept under section 9(9) of the 1985 Act (or, where the proxy has an anonymous entry or is the proxy for a person who has an anonymous entry, the address that would be so shown but for section 9(9A) or (9B) of that Act).

Refusal to issue postal ballot paper

77

Where a returning officer is satisfied that two or more entries in the absent voters list, or the list of postal proxies or in each of those lists relate to the same elector, he shall not issue more than one ballot paper in respect of that elector.

Envelopes

78

(1) Paragraphs (2) and (3) prescribe the envelopes which are to be issued to a postal voter in addition to the ballot paper and declaration of identity (which are issued under rule 24 of the elections rules[^f00066]).

(2) There shall be issued an envelope for the return of the postal ballot paper and the declaration of identity (referred to as a “covering envelope”) which shall be marked with the letter “B”.

(3) There shall also be issued a smaller envelope (referred to as a “ballot paper envelope”) which shall be marked with—

(a) the letter “A”;

(b) the words “ballot paper envelope”; and

(c) the number of the ballot paper, unless the envelope has a window through which the number on the ballot paper (or ballot papers) can be displayed.

(4) Where the polls are taken together—

(a) the envelope referred to in paragraph (2) must also be marked “Covering envelope for the [insert the colour of the ballot paper] coloured ballot paper”; and

(b) on the envelope referred to in paragraph (3) after the words “Ballot paper envelope” there must be added “for the [insert colour of the ballot paper]coloured ballot paper”.

(5) In regulations 87 and 88, a reference to the number on a ballot paper envelope includes, in the case of an envelope of the kind referred to in paragraph (3)(c), a reference to the number that is displayed through the window in that envelope.

Sealing up of completed corresponding number lists and security of special lists

79

(1) As soon as practicable after the issue of each batch of postal ballot papers, the returning officer shall make up into a packet the completed corresponding number lists of those ballot papers which have been issued and shall seal such a packet.

(2) As soon as practicable after the last batch of postal ballot papers have been issued, the returning officer shall make up into a packet the marked copy of the absent voters list and the list of postal proxies and shall seal such a packet.

(3) Until the time referred to in paragraph (2), the returning officer shall take precautions for the security of the lists referred to in that paragraph.

Delivery of postal ballot papers

80

(1) For the purpose of delivering postal ballot papers, the returning officer may use—

(a) a universal postal service provider;

(b) a commercial delivery firm; or

(2) Where the services of a universal postal service provider or commercial delivery firm are to be used, envelopes addressed to postal voters shall be counted and delivered by the returning officer with such form of receipt to be endorsed by that provider or firm as may be arranged.

(3) Postage shall be prepaid on envelopes addressed to the postal voters and on the covering envelopes.

Spoilt postal ballot papers

81

(1) If a postal voter has inadvertently dealt with his postal ballot paper in such manner that it cannot be conveniently used as a ballot paper (referred to as “a spoilt postal ballot paper”) he may return (either by hand or by post) to the returning officer the spoilt ballot paper and the declaration of identity.

(2) On receipt of the documents referred to in paragraph (1), the returning officer shall issue another postal ballot paper except where those documents are received after 5p.m. on the day before the day of the poll.

(3) Regulations 76 (except paragraph (3)), 78, 79, and, subject to paragraph (6), 80 shall apply to the issue of a replacement postal ballot paper under paragraph (2).

(4) The spoilt postal ballot paper and the declaration of identity shall be immediately cancelled.

(5) The returning officer, as soon as practicable after cancelling those documents, shall make up those documents in a separate packet and shall seal the packet; and if on any subsequent occasion documents are cancelled as mentioned, the sealed packet shall be opened and the additional cancelled documents included in it and the packet shall be again made up and sealed.

(6) Where a postal voter applies in person, the returning officer may hand a replacement postal ballot paper to him instead of delivering it in accordance with regulation 80.

(7) The returning officer shall enter in a list kept for the purpose (“the list of spoilt ballot papers”)—

(a) the name and address of the elector as stated in the register (or, in the case of an elector who has an anonymous entry, the elector’s electoral number alone);

(b) the number of the postal ballot paper issued under this regulation; and

(c) where the postal voter whose ballot paper is spoilt is a proxy, his name and address (or, in the case of a proxy who has an anonymous entry or is the proxy for a person with an anonymous entry, the proxy’s electoral number alone or, as the case may be, a statement that the proxy is not registered as an elector).

Receipt of Postal Ballot Papers

Notice of opening of postal ballot paper envelopes

82

(1) The returning officer shall give to each candidate not less than 48 hours’ notice in writing of each occasion on which a postal voters’ ballot box and the envelopes contained in it are to be opened.

(2) Such a notice shall specify—

(a) the time and place at which such an opening is to take place; and

(b) the number of agents a candidate may appoint under regulation 73(1) to attend each opening.

Postal ballot boxes and receptacles

83

(1) The returning officer shall provide a separate ballot box for the reception of—

(a) the covering envelopes when returned by the postal voters (“postal voters’ ballot box”), and

(b) postal ballot papers (“postal ballot box”).

(2) Each such ballot box shall be marked “postal voters’ ballot box” or “postal ballot box”, as the case may be, and with the name of the constituency for which the election is held.

(3) The postal ballot box shall be shown to the agents present on the occasion of opening the first postal voters’ ballot box as being empty.

(4) The returning officer shall then lock the postal ballot box and apply his seal in such manner as to prevent its being opened without breaking the seal; any of the agents present who wish to add their seals may then do likewise.

(5) The returning officer shall provide the following receptacles—

(a) the receptacle for rejected votes;

(b) the receptacle for declarations of identity; and

(6) The returning officer shall take proper precautions for the safe custody of every ballot box and receptacle referred to in this regulation.

Receipt of covering envelope

84

(1) The returning officer shall, immediately on receipt by post of a covering envelope before the close of the poll, place it unopened in a postal voters’ ballot box.

(2) This regulation does not apply to the receipt of a covering envelope for a tendered postal ballot paper.

Opening of postal voters’ ballot box

85

(1) Each postal voters’ ballot box shall be opened by the returning officer in the presence of the agents.

(2) So long as the returning officer ensures that there is at least one sealed postal voters’ ballot box for the reception of covering envelopes up to the time of the close of the poll, the other postal voters’ ballot boxes may previously be opened by him.

(3) The last postal voters’ ballot box and the postal ballot box shall be opened at the counting of the votes under rule 45[^f00067] of the elections rules.

Opening of covering envelopes

86

(1) When a postal voters’ ballot box is opened, the returning officer shall count and record the number of covering envelopes, and shall then open each covering envelope separately.

(2) The procedure in regulation 87 applies where a covering envelope contains both—

(a) a declaration of identity; and

(b) a ballot paper envelope, or if there is no ballot paper envelope, a ballot paper.

(3) Where the covering envelope does not contain the declaration of identity separately, the returning officer shall open the ballot paper envelope to ascertain whether the declaration of identity is inside.

(4) Where a covering envelope does not contain both—

(a) a declaration of identity (whether separately or not); and

(b) a ballot paper envelope or, if there is no ballot paper envelope, a ballot paper,

the returning officer shall mark the covering envelope “rejected”, attach its contents (if any) and place it in the receptacle for rejected votes.

(5) In carrying out the procedures in this regulation and regulations 87 and 88, the returning officer—

(a) must keep the ballot papers face downwards and must take proper precautions for preventing any person from seeing the votes made on the ballot papers, and

(b) is not permitted to view the corresponding number list used at the issue of postal ballot papers.

(6) Where a covering envelope opened in accordance with paragraph (1) contains a declaration of identity, the returning officer must place a mark in the marked copy of the absent voters list or list of postal proxies in a place corresponding to the number of the elector to denote that a postal vote has been returned.

(7) A mark made under paragraph (6) must be distinguishable from and must not obscure the mark made under regulation 76(2) (procedure on issue of postal ballot paper).

(8) As soon as practicable after the last covering envelope has been opened, the returning officer must—

(a) make up into a packet the copy of the marked absent voters list and list of postal proxies that has been marked in accordance with paragraph (6), and

(b) seal such a packet.

Procedure in relation to declarations of identity

87

(1) A declaration of identity is a valid declaration of identity for the purposes of this Part of these Regulations if—

(a) it is duly signed by the voter and authenticated by a witness who has signed the declaration ...; and

(b) in the case of an elector, the requirements of rule 45(2)(b) and (2A)[^f00068]) of the elections rules are satisfied.

(1A) A person must not sign the declaration as a witness under paragraph (1)(a) unless he is—

(a) aged 18 years or over; and

(b) satisfied to the best of his knowledge and belief as to the identity of the voter.

(2) The returning officer must satisfy himself that the declaration of identity is a valid declaration of identity.

(3) Where the returning officer is not so satisfied, he shall mark the declaration “rejected”, attach to it the ballot paper envelope, or if there is no such envelope, the ballot paper and, subject to paragraph (4), place it in the receptacle for rejected votes.

(4) Before placing the declaration in the receptacle for rejected votes, the returning officer shall show it to the agents and, if any of them object to his decision, he shall add the words “rejection objected to”.

(5) The returning officer shall then examine the number on the declaration of identity against the number on the ballot paper envelope and, where they are the same, he shall place the declaration and the ballot paper envelope respectively in the receptacle for declarations of identity and the receptacle for ballot paper envelopes.

(6) Where—

(a) the number on a valid declaration of identity is not the same as the number on the ballot paper envelope; or

(b) that envelope has no number on it and the number is not displayed through a window in it,

the returning officer shall open the envelope.

(7) Paragraph (8) applies where—

(a) there is a valid declaration of identity but no ballot paper envelope; or

(b) the ballot paper envelope has been opened under regulation 86(3) or paragraph (6).

(8) In the circumstances described in paragraph (7), the returning officer shall place—

(a) in the postal ballot box, any ballot paper the number on which is the same as the number on the valid declaration of identity;

(b) in the receptacle for rejected votes, any other ballot paper, with the valid declaration of identity attached and marked “rejected”;

(c) in the receptacle for rejected votes, any valid declaration of identity marked “rejected” where there is no ballot paper;

(d) in the receptacle for declarations of identity, any valid declaration not disposed of under sub-paragraph (b) or (c).

Opening of ballot paper envelopes

88

(1) The returning officer shall open separately each ballot paper envelope placed in the receptacle for ballot paper envelopes.

(2) He shall place—

(a) in the postal ballot box, any ballot paper the number on which is the same as the number on the ballot paper envelope;

(b) in the receptacle for rejected votes, any other ballot paper which shall be marked “rejected” and to which shall be attached the ballot paper envelope; and

(c) in the receptacle for rejected votes any ballot paper envelope which shall be marked “rejected” because it does not contain a ballot paper.

Sealing of receptacles

89

As soon as practicable after the completion of the procedure under regulation 88, the returning officer shall make up into separate packets the contents of—

(a) the receptacle of rejected votes; and

(b) the receptacle of declarations of identity,

and shall seal up such packets.

Abandoned poll

90

Where a poll is abandoned or countermanded after postal ballot papers have been issued, by reason of the death of a candidate, the returning officer—

(a) shall not take any step or further step to open covering envelopes or deal with the contents in accordance with the provisions of this Part of these Regulations; and

(b) shall, notwithstanding regulations 86 to 88, treat all unopened covering envelopes and the contents of those that have been opened as if they were counted ballot papers.

Forwarding of documents

91

(1) The returning officer shall forward to the Clerk of the Crown for Northern Ireland at the same time as he forwards the documents mentioned in rule 55[^f00069] of the elections rules—

(a) any packets referred to in regulations 79, 81(5) , 81A(11) , 84G(1)(a) and 89, subject to regulation 90, endorsing on each packet a description of its contents, the date of the election to which it relates and the name of the constituency for which the election was held; ...

(aa) the list of spoilt ballot papers and the list of tendered postal ballot papers; and

(b) a completed statement in Form N.

(2) Where—

(a) any covering envelopes are received by the returning officer after the close of the poll;

(b) any envelopes addressed to postal voters are returned as undelivered too late to be readdressed; or

the returning officer shall put them unopened in a separate packet, seal up that packet and endorse and forward it at a subsequent date in the manner described in paragraph (1).

(2A) The returning officer must also forward to the Clerk of the Crown for Northern Ireland the list compiled in accordance with regulation 84H(1), together with the packets made up in accordance with regulation 84G(1)(b) and resealed in accordance with regulation 84H(6)(c), as soon as reasonably practicable after the registration officer has met the duty in regulation 84I(2) in relation to each elector on the list.

(3) Rules 56[^f00070] and 57[^f00071] of the elections rules shall apply to any packet or document forwarded under this regulation , subject to paragraph (3A).

(3A) For the purposes of the application of rules 56 and 57 of the election rules to the packets and documents forwarded under this regulation, the following are to be treated in the same manner as a counted ballot paper—

(a) the list compiled in accordance with regulation 84H(1) and any extracts from it;

(b) return of postal voting documents forms.

(4) A copy of the statement referred to in paragraph (1)(b) shall be provided by the returning officer to the Electoral Commission.

PART 6 — SUPPLY OF REGISTERS ETC.

Interpretation and edited register

Interpretation of Part 6

92

(1) In this Part “register” includes—

(a) any part of it; and

(b) except in regulation 93 and in the context of the supply by the registration officer of the register and notices, any notice altering the register which is published under section 13A(2) or 13BA(3),(6) or (9) of the 1983 Act[^f00072].

(2) In this Part—

“enactment” has the same meaning as in section 17(2) of the 2000 Act; and

“processor” has the meaning set out in regulation 113(1).

(3) In this Part, any reference to an employee of a person who has access to a copy of the full register includes—

(a) any person working or providing services for the person who has such access; and

(b) any person employed by or on behalf of, or working for, the person referred to in sub-paragraph (a).

(4) Any restriction on the use of a copy of the full register or information contained in it which is imposed by any regulation in this Part shall apply to a person to whom a copy of the full register has been supplied or information contained in it has been disclosed under the equivalent regulation in the Representation of the People (England and Wales) Regulations 2001[^f00073], as amended, or the Representation of the People (Scotland) Regulations 2001[^f00074], as amended.

(5) Subject to any direction of the Secretary of State under section 52(1) of the 1983 Act[^f00075], any duty on the registration officer to supply data under this Part imposes only a duty to supply data in the form in which he holds it.

(6) The registration officer shall not supply data which includes information not included in the printed version of the full register otherwise than under a provision in an enactment.

Edited version of register

93

(1) At the time when the registration officer publishes a version of the register under section 13(1) or (3) of the 1983 Act [^f00076] (“the full register”), he shall publish a version of the register under this regulation (“the edited register”).

(2) The edited register shall omit the names and addresses of any elector included in the full register if a request has been duly made in the form referred to in section 10(4) of the 1983 Act[^f00077] or in accordance with regulation 27 by or on behalf of that elector for his name and address to be excluded from the edited register.

(2A) The edited register shall omit all anonymous entries in the register, and any information relating to them.

(3) In other respects the edited register shall be the same as the full register and shall include any marks or dates which are required to be recorded against the names of any electors.

(4) Notwithstanding the omission of names and addresses in accordance with paragraph (2), regulation 50 shall apply to the edited register as it applies to the full register.

(5) Unless the contrary intention appears, any reference in these Regulations to the register is to the full register.

(6) The manner in which each revised version of the edited register is to be published under this regulation is—

(a) by the registration officer making a copy of it available for inspection at his office; and

(b) by such other means (if any) as he thinks appropriate.

(7) Each revised version of the edited register shall be published until the coming into force of the next revised version of it.

General restrictions

Restrictions on supply of full register and disclosure of information from it by the Chief Electoral Officer and his staff

94

(1) This regulation applies to—

(a) the Chief Electoral Officer;

(b) any temporary deputy of his; and

(c) any person appointed to assist any such officer or who in the course of his employment is assigned to assist any such officer in his duties.

(2) Where the Chief Electoral Officer is also the counting officer at a referendum held by or under an Act of Parliament (and so has access to the full register without being supplied with a copy of it), this regulation also applies to—

(a) the Chief Electoral Officer in that capacity;

(b) any deputy counting officer;

(c) any person appointed to assist any such officer or who in the course of his employment is assigned to assist any such officer in his duties in respect of the referendum in question.

(3) No person to whom this regulation applies may—

(a) supply to any person a copy of the full register;

(b) disclose information contained in it (and not contained in the edited register); or

otherwise than in accordance with any enactment including these Regulations.

(4) Nothing in paragraph (3) applies to the supply or disclosure by a person to whom this regulation applies to another such person in connection with his registration duties or the purposes of an election or referendum.

Restriction on use of the full register or information contained in it supplied in accordance with any enactment or otherwise obtained

95

(1) This regulation applies to—

(a) any person to whom a copy of the full register has been supplied in pursuance of a relevant provision;

(b) any person to whom information contained in the full register has been disclosed in pursuance of a relevant provision;

(c) any person to whom a person referred to in sub-paragraph (a) or (b) has supplied a copy of the full register or information contained in it for the purposes (express or implied) of a relevant provision; and

(d) any person who has obtained access to a copy of the full register or information contained in it by any other means.

(2) In this regulation “relevant provision” means any enactment except these Regulations which sets out the purpose for which a copy of the full register is to be supplied or information from that register disclosed under the enactment.

(3) No person to whom this regulation applies (except by virtue of paragraph (1)(d)) may—

(a) supply a copy of the full register;

(b) disclose any information contained in it (and not contained in the edited register); or

other than for the purpose (express or implied) for which the copy was supplied or the information disclosed to the person in question under the relevant provision.

(4) No person to whom this regulation applies by virtue of paragraph (1)(d) may—

(a) supply a copy of the full register;

(b) disclose any information contained in it (and not contained in the edited register); or

other than for any purpose for which a copy could be supplied or information could be disclosed to the person in question under any enactment (including these Regulations).

Supply on publication and specific restrictions

Supply of free copy of full register to the British Library

96

The registration officer shall supply, free of charge on publication, one printed copy of—

(a) any revised version of the register published under section 13(1) or (3) of the 1983 Act; and

(b) any list of overseas electors,

to the British Library.

Supply of free copy of full register to deputy returning officer at local elections and restrictions on use

97

(1) Not later than five days before the last date for the publication of the notice of election at a local election, the registration officer shall supply free of charge to the deputy returning officer (within the meaning of article 9(2) of the Electoral Law (Northern Ireland) Order 1972[^f00078]) at that election as many printed copies of—

(a) the latest revised version of the register published under section 13(1) or (3) of the 1983 Act, as the case may be; and

(b) any notice setting out an alteration to that version of the register published under section 13A(2) or 13BA(3),(6) or (9) of that Act,

as the deputy returning officer may reasonably require for the purposes of the election, together with one copy in data form.

(2) No person to whom a copy of the register has been supplied under this regulation may—

(a) supply a copy of the full register;

(b) disclose any information contained in it (and not contained in the edited register); or

other than for the purposes of the election.

(3) The restrictions in paragraph (2) apply to a person to whom a copy of the full register has been supplied in accordance with this regulation or to whom such information has been so disclosed as it applies to the person to whom a copy of the register has been so supplied.

Supply of free copy of full register etc to the Northern Ireland Statistics and Research Agency and restrictions on use

98

(1) The registration officer shall supply, free of charge on publication, one copy of—

(a) any revised version of the register published under section 13(1) or (3) of the 1983 Act;

(b) any notice setting out an alteration to the register published under section 13A(2) or 13BA(3),(6) or (9) of that Act; and

to the Northern Ireland Statistics and Research Agency (in this regulation referred to as “the Agency”).

(2) In paragraph (1) the duty to supply is a duty to supply in data form unless, prior to publication, the Agency has requested in writing a printed copy instead.

(3) No person employed by the Agency may—

(a) supply a copy of the full register other than to another such person;

(b) disclose any information contained in it (and not contained in the edited register) otherwise than in accordance with paragraph (4); or

(4) Such information may not be disclosed otherwise than—

(a) by allowing a person using the premises of the Agency to inspect it under supervision; and

(b) by publishing information about electors which does not include the name or address of any elector.

(5) A person who inspects 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.

Supply of free copy of full register etc to Electoral Commission

99

(1) The registration officer shall supply, free of charge and on publication, one copy of—

(a) any revised version of the register published under section 13(1) or (3) of the 1983 Act;

(b) any notice setting out an alteration to the register published under section 13A(2) or 13BA(3),(6) or (9) of that Act; and

to the Electoral Commission (in this regulation referred to as “the Commission”).

(2) In paragraph (1) the duty to supply is a duty to supply in data form unless, prior to publication, the Commission has requested in writing a printed copy instead.

(3) Neither an Electoral Commissioner nor any employee of the Commission may—

(a) supply a copy of the full register otherwise than to an Electoral Commissioner or such an employee;

(b) disclose any information contained in it (and not contained in the edited register) otherwise than in accordance with paragraph (4); or

(c) make use of any such information otherwise than in connection with the Commission’s functions under, or by virtue of, the Political Parties, Elections and Referendums Act 2000[^f00079].

(4) Neither the full register nor any such information may be disclosed otherwise than—

(a) where necessary to discharge the Commission’s functions in relation to Part 4 and Part 4A[^f00080] of the Political Parties, Elections and Referendums Act 2000; or

(b) by publishing information about electors which does not include the name or address of any elector.

(5) In this regulation “Electoral Commissioner” includes a Deputy Electoral Commissioner and an Assistant Electoral Commissioner.

Supply of free copy of full register etc to Local Government Boundary Commissioner, the Boundary Commission and the District Electoral Areas Commissioner and restrictions on use

100

(1) The registration officer shall supply, free of charge and on publication, one copy of each of the documents listed in paragraph (4) to the Boundary Commission for Northern Ireland.

(2) On the appointment of a Local Government Boundary Commissioner under section 50(1) or (4) of the Local Government Act (Northern Ireland) 1972[^f00081], the registration officer shall supply to him free of charge one copy of each of the documents listed in paragraph (4).

(3) On the appointment of the District Electoral Areas Commissioner under article 2 or 3 of the District Electoral Areas Commissioner (Northern Ireland) Order 1984[^f00082] the registration officer shall supply to him, free of charge one copy of each of the documents listed in paragraph (4).

(4) Those documents are—

(a) any revised version of the register published under section 13(1) or (3) of the 1983 Act;

(b) any notice setting out an alteration to the register published under section 13A(2) or 13BA(3),(6) or (9) of that Act; and

(5) In paragraphs (1) to (3) the duty to supply is a duty to supply in data form unless—

(a) in the case of paragraph (1), prior to publication the Commission have, or

(b) in the case of paragraphs (2) and (3), prior to supply the Commissioner has,

requested in writing a printed copy instead.

(6) In paragraph (7) “a relevant person” means—

(a) a member of the Commission referred to in paragraph (1) or—

(i) a person employed by that Commission; or

(ii) a person appointed to assist that Commission to carry out their functions;

(b) the Commissioner referred to in paragraphs (2) or (3) or any person appointed to assist him.

(7) A relevant person may not—

(a) supply a copy of the full version of the register otherwise than to another relevant person;

(b) disclose any information contained in it (and not contained in the edited register) otherwise than by publishing information about electors which does not include the name and address of any elector;

Supply on request and specific restrictions

Supply of full register etc under regulations 102 to 107A: general provisions

101

(1) The persons or organisations falling within regulations 102 to 107A may request the registration officer to supply free of charge the relevant part (within the meaning of those regulations) of any of the following—

(a) a revised version of the register published under section 13(1) or (3) of the 1983 Act;

(b) any notice setting out an alteration to the register published under section 13A(2) or 13BA(3),(6) or (9) of that Act;

(2) Such a request shall be made in writing and shall—

(a) specify the documents requested;

(b) subject to paragraph (5), state whether the request is made only in respect of the current documents or whether it includes a request for the supply of any subsequent document on publication for as long as the person making the request falls within the category of person entitled to receive such copies; and

(3) Unless a request has been made in advance of supply under paragraph (2)(c), the copy of a document supplied under this regulation shall be in data form.

(4) The registration officer shall supply the relevant part of the documents referred to in paragraph (1) in accordance with a request that has been duly made.

(5) A person falling within regulation 106 or regulation 107A may not make the request set out in paragraph (2)(b).

(6) A person who obtains a copy of any document under paragraph (4) may use it for any purpose for which that person would be entitled to obtain the document under this Part and any restrictions which apply under whichever of regulations 102 to 107A entitles that person to obtain the document for that purpose shall apply to such use.

Supply of full register etc to elected representatives and restrictions on use

102

(1) This regulation applies to—

(a) the Member of Parliament for any constituency in Northern Ireland;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) each councillor for a district electoral area in Northern Ireland.

(2) For the purposes of regulation 101(1) the relevant part of the documents listed in that provision—

(a) in the case of a Member of Parliament or of the Northern Ireland Assembly, is so much of them as relate to the constituency which he represents;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) No person to whom this regulation applies who has been supplied with a copy of the register may—

(a) supply a copy of the full register to any person;

(b) disclose any information contained in it (and not contained in the edited register); or

otherwise than for purposes in connection with the office by virtue of which he is entitled to the full register or for electoral purposes.

(4) The restrictions in paragraph (3) apply to a person to whom any of the full register has been supplied or information disclosed under that paragraph as they apply to the person to whom this regulation applies.

Supply of full register etc to holders of relevant elective offices and candidates

103

(1) This regulation applies to—

(a) the holder of a relevant elective office within the meaning of paragraph 1(8) of Schedule 7 to the Political Parties, Elections and Referendums Act 2000;

(b) a candidate at a parliamentary election or an election to the Northern Ireland Assembly.

(2) For the purposes of regulation 101(1), the relevant part of the documents listed in that provision is the whole of them.

(3) No person to whom this regulation applies who has been supplied with a copy of the register may—

(a) supply a copy of the full register to any person;

(b) disclose any information contained in it (and not contained in the edited register); or

otherwise than for the purpose set out in paragraph (4).

(4) That purpose—

(a) in the case of a person falling within paragraph (1)(a), is complying with—

(i) the controls on donations contained in Schedule 7 to the Political Parties, Elections and Referendums Act 2000;

(ii) the controls on loans and regulated transactions in Schedule 7A to the Political Parties, Elections and Referendums Act 2000[^f00083];

(b) in the case of a person falling within paragraph (1)(b), is complying with the controls on donations included in Schedule 2A to the 1983 Act[^f00084], including that Schedule as applied for the purposes of elections to the Northern Ireland Assembly[^f00085].

Supply of full register etc to local constituency parties and restrictions on use

104

(1) This regulation applies to any person nominated to act for the purposes of this regulation for a particular constituency in Northern Ireland by the regional nominating officer (within the meaning of section 24 of the Political Parties, Elections and Referendums Act 2000) of a registered political party.

(2) Not more than one person for the same constituency may be nominated under paragraph (1) in respect of the same registered political party and constituency.

(3) In the case of a person to whom this regulation applies, the relevant part of the documents listed in regulation 101(1) is so much of them as relate to the constituency in question.

(4) No person to whom this regulation applies who has been supplied with a copy of the register may—

(a) supply a copy of the full register to any person;

(b) disclose any information contained in it (and not contained in the edited register); or

otherwise than for electoral purposes or the purposes of electoral registration.

(5) The restrictions in paragraph (4) apply to a person to whom any of the full register has been supplied or information disclosed under that paragraph as they apply to the person to whom this regulation applies.

Supply of full register etc to registered political parties etc and restrictions on use

105

(1) This regulation applies to—

(a) a registered political party other than a minor party, within the meaning of section 160(1) of the Political Parties, Elections and Referendums Act 2000;

(b) a recognised third party within the meaning of section 85(5) of that Act, other than a registered political party; and

(2) In the case of the parties and participants to whom this regulation applies, the relevant part of the documents listed in regulation 101(1) is the whole of them.

(3) No person employed by, or assisting (whether or not for reward) a party or participant to which this regulation applies and to which a copy of the register has been supplied may—

(a) supply a copy of the full register to any person;

(b) disclose any information contained in it (and not contained in the edited register); or

otherwise than for the purposes set out in paragraph (4).

(4) Those purposes are—

(a) in the case of a party falling within paragraph (1)(a) or (b)—

(i) electoral purposes; and

(ii) the purpose of complying with the controls on donations under Part 4 of or, as the case may be, Schedule 11 to, the Political Parties, Elections and Referendums Act 2000; and

(iii) the purpose of complying with the controls on loans and regulated transactions under Part 4A of the Political Parties, Elections and Referendums Act 2000; and

(b) in the case of a permitted participant within the meaning of section 105(1) of that Act—

(i) purposes in connection with the campaign in respect of the referendum identified in the declaration made by the participant under section 106 of that Act; and

(ii) the purposes of complying with the controls on donations in Schedule 15 to that Act.

(5) The restrictions in paragraph (3) apply to a person to whom any of the full register has been supplied or information disclosed under that paragraph as they apply to persons referred to in that paragraph.

Supply of full register etc to certain candidates and restriction on use

106

(1) This regulation applies to a candidate at—

(a) a parliamentary ... election in Northern Ireland;

(b) an election to the Northern Ireland Assembly; and

(2) For the purposes of regulation 101(1), the relevant part of the documents listed in that provision is so much of them as relate to the area for which the candidate is standing.

(3) No candidate to whom a copy of the register has been supplied by virtue of this regulation may—

(a) supply a copy of the full register to any person;

(b) disclose any information contained in it (and not contained in the edited register); or

other than for electoral purposes.

(4) The restrictions in paragraph (3) apply to a person to whom any of the full register has been supplied or information disclosed under that paragraph as they apply to persons referred to in that paragraph.

Supply of full register etc to police forces and restrictions on use

107

(1) This regulation applies to—

(a) a police force in Great Britain;

(b) the Police Service of Northern Ireland and the Police Service of Northern Ireland (Reserve);

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

(e) any body of constables established under an Act of Parliament

(2) For the purpose of regulation 101(1), the relevant part of the documents listed in that provision is the whole of them.

(3) No person serving whether as a constable, officer or employee in any of the forces and organisations to which this regulation applies may—

(a) supply a copy of the full register to any person;

(b) disclose any information contained in it (and not contained in the edited register); or

otherwise than for the purpose of the prevention and detection of crime and the enforcement of the criminal law (whether in Northern Ireland or elsewhere).

(4) The restrictions in paragraph (3) apply to a person to whom any of the full register has been supplied or information disclosed under that paragraph as they apply to persons referred to in that paragraph.

Sale of edited and full register and specific restrictions

Sale of edited register

108

(1) The registration officer shall supply a copy of the edited register to any person on payment of a fee calculated in accordance with paragraph (2).

(2) In the case of the register—

(a) in data form, the fee shall be at the rate of £20 plus £1.50 for each 1,000 entries (or remaining part of 1,000 entries) in it; and

(b) in printed form, the fee shall be at the rate of £10 plus £5 for each 1,000 entries (or remaining part of 1,000 entries) in it.

Sale of full register etc: restrictions on supply, charges, etc

109

(1) The registration officer may not sell a copy of—

(a) the full register,

(b) any notice under section 13A(2) or 13BA(3),(6) or (9) of the 1983 Act altering the register (“a relevant notice”), or

except to a person who is entitled under regulation 111 or 112 to purchase them.

(2) The fee for such sale is to be calculated in accordance with paragraphs (3) to (6).

(3) Where a person purchases the full register together with any relevant notices which are published at that time altering the register, the register and the notices shall be treated as the same document for the purposes of the calculations set out in paragraph (5); and any entry in the register which is deleted by a notice shall accordingly be ignored for the purposes of the calculation.

(4) Where a person purchases a relevant notice separately from the full register, the calculations set out in paragraph (5) shall be applied to that notice.

(5) Subject to paragraph (3), in the case of the register or a relevant notice—

(a) in data form, the fee shall be at the rate of £20 plus £1.50 for each 1,000 entries (or remaining part of 1,000 entries) in it; and

(b) in printed form, the fee shall be at the rate of £10 plus £5 for each 1,000 entries (or remaining part of 1,000 entries) in it.

(6) In the case of the list of overseas electors—

(a) in data form, the fee shall be at the rate of £20 plus £1.50 for each 100 entries (or remaining part of 100 entries) in it; and

(b) in printed form, the fee shall be at the rate of £10 plus £5 for each 100 entries (or remaining part of 100 entries) in it.

(7) In any copy of the full register which is sold in accordance with regulation 111 or 112, the letter “Z” shall be placed against the entry of any person whose entry is not included in the edited version of the register.

Sale of full register etc: general provisions

110

(1) This regulation applies in respect of the supply on payment of a fee of copies of relevant documents in accordance with regulation 111 or 112.

(2) The registration officer shall not supply a printed copy of the full register under those regulations if to do so would result in his having insufficient copies of it for the purposes of any requirement made by or under any enactment.

(3) In those regulations “the relevant restrictions” means the restrictions set out in paragraphs (4) and (5).

(4) No person in a body to which a copy of the register has been supplied under regulations 111 or 112 may—

(a) supply a copy of the full register to any person;

(b) disclose any information contained in it (and not contained in the edited register); or

other than for the purpose set out in the regulation by virtue of which the full register has been supplied.

(5) The restrictions in paragraph (4) apply to a person to whom a copy of the full register has been supplied in accordance with regulation 111 or 112 or to whom such information has been so disclosed as it applies to a person in the body to which the copy of the full register was supplied under the regulation in question.

(6) In this regulation and regulations 111 and 112, “a relevant document” means—

(a) the full register published under section 13(1) or (3) of the 1983 Act;

(b) any notice published under section 13A(2), 13BA(3),(6) or (9) of that Act amending it; and

(7) A request to purchase a relevant document must be made in writing and must—

(a) specify the documents requested;

(b) state whether the request is made only in respect of the current documents or whether it includes a request for the supply of any subsequent documents on publication for as long as the person making the request pays for them; and

Sale of full register etc to government departments

111

(1) Subject to regulation 110(2), the registration officer shall supply on request and on payment of a fee calculated in accordance with regulation 109 a copy of a relevant document to a government department.

(2) Where a relevant document is supplied under paragraph (1), the relevant restrictions apply except for the purpose of—

(a) the prevention and detection of crime and the enforcement of the criminal law (whether in Northern Ireland or elsewhere);

(b) the vetting of employees and applicants for employment; and

(3) A government department may supply (whether or not on payment) a copy of the full register to a person (“an authorised person”) so that he may disclose information contained in it in accordance with paragraph (5).

(4) In this regulation any reference to an authorised person includes a reference to his employees.

(5) Information contained in the full register (and not contained in the edited register) may not be disclosed by an authorised person except to any person falling within regulations 102 to 106 for use for the purpose for which the person in question could obtain the full register under the regulation concerned.

(6) The restrictions in regulations 102 to 106 apply to a person to whom such information is disclosed under paragraph (5) as they apply to a person to whom any of those regulations applies.

(7) In this regulation “government department” includes a Northern Ireland department.

Sale of full register etc to credit reference agencies

112

(1) Subject to regulation 110(2), the registration officer shall supply on request and on payment of a fee calculated in accordance with regulation 109 a copy of a relevant document to a person who has permission under the Financial Services and Markets Act 2000 to furnish persons with information relevant to the financial standing of other persons and which is carrying on the business of providing credit reference services.

(2) Where a relevant document is supplied under paragraph (1), the relevant restrictions apply except for the purposes set out in paragraph (3).

(3) Those purposes are:

(a) vetting applications for credit or applications that can result in the giving of credit;

(b) meeting any obligation contained in—

(i) the Money Laundering Regulations 2003[^f00087];

(ii) any regulations amending or replacing those Regulations; or

(iii) any rules made under section 146 (money laundering rules) of the Financial Services and Markets Act 2000[^f00088]; and

(c) statistical analysis of credit risk assessment in a case where no person included in the register is referred to by name or necessary implication.

(4) In this regulation—

“application for credit” includes an application to refinance or reschedule an existing credit agreement;

“credit” includes a cash loan and any other form of financial accommodation; and

“credit reference services” means the furnishing of persons with information relevant to the financial standing of individuals, which is information collected by the person furnishing it for the purpose of so furnishing it.

(5) Paragraph (1) must be read with—

(a) section 22 of the Financial Services and Markets Act 2000,

(b) any relevant order under that section, and

Supply to processor and offences

Supply of register to processor

113

(1) In this Part, “processor” means a person who provides a service which consists of putting information into the form of data or processing information in such a form and any reference to a processor includes a reference to his employees.

(2) Any person who has obtained a copy of the full register under any of regulations 99, 100, 102, 104, 105, 107, 111 and 112 may supply a copy of the full register to a processor.

(3) A processor must not supply a copy of the full register or disclose information contained in it (and not contained in the edited register) except to—

(a) the person who supplied the register to him, or

(b) any person who is entitled to obtain a copy of the full register under this Part or the employee of such a person.

Offences in respect of contravention of Part 3 or Part 6

114

(1) A person is guilty of an offence—

(a) if he contravenes any of the provisions specified in paragraph (2), or

(b) if he is an appropriate supervisor of a person (P) who fails to comply with any of those provisions and he failed to take appropriate steps.

(2) Those provisions are regulations 53B(3), 53C(3), 94(3), 95(3) and (4), 97(2) and (3),98(3) and (5), 99(3)and (4), 100(7), 102(3) and (4), 103(3), 104(4) and (5), 105(3) and (5), 106(3) and (4), 107(3) and (4), 110(4) and (5), 111(5) and (6) , 112A(3) and 113(3).

(3) P is not guilty of an offence under paragraph (1) if—

(a) he has an appropriate supervisor, and

(b) he has complied with all the requirements imposed on him by his appropriate supervisor.

(4) A person who is not P or an appropriate supervisor is not guilty of an offence under paragraph (1) if he takes all reasonable steps to ensure that he complies with the provisions specified in paragraph (2).

(5) In paragraphs (1)(b) and (3)—

(a) an appropriate supervisor is a person who is a director of a company or concerned in the management of an organisation in which P is employed or under whose direction or control P is;

(b) appropriate steps are such steps as it was reasonable for the appropriate supervisor to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of a failure to comply with the provisions in paragraph (2).

(6) A person guilty of an offence as mentioned in paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

PART 7 — ACCESS TO MARKED REGISTERS AND OTHER DOCUMENTS OPEN TO PUBLIC INSPECTION AFTER AN ELECTION

Interpretation of Part 7

115

(1) In this Part references to the “marked register or lists” means any part of the marked copies of—

(a) the full register;

(b) the postal voters list;

(d) the proxy postal voters list,

retained by the Chief Electoral Officer under rule 57(1A) of the elections rules[^f00089].

(2) For the purposes of this Part any period of days shall be calculated in accordance with regulation 61(5).

(3) Paragraphs (2) and (3) of regulation 92, and the condition in paragraph (3) of regulation 113 shall be taken to apply to the supply and processing of information supplied under this Part as they apply to the supply and processing of the full register under Part 6.

(4) Subject to any direction by the Secretary of State under section 52(1) of the 1983 Act, any duty on a Chief Electoral Officer for Northern Ireland to supply records or lists or make them available for inspection under this Part imposes only a duty to provide that information in the form in which he holds it.

Supply of marked registers and lists after an election

116

(1) Any person entitled to be supplied, in accordance with regulation 99, 102, 104, 105, 106, 107 or 111, with copies of the full register at a particular parliamentary or local government election is also a person entitled, subject to this regulation and to regulation 118, to request that the Chief Electoral Officer for Northern Ireland supply copies of the relevant part (within the meaning of those regulations) of the marked register or lists he is required to keep.

(2) A person whose entitlement to request copies of the marked register or lists under paragraph (1) arises from his being in a category of persons to whom regulation 102, 104, 105 or 106 applies before a particular election, shall be entitled to request those documents regardless of whether he remains in an entitled category after that election.

(3) A request under paragraph (1) shall be made in writing and shall—

(a) specify which of the marked register or lists (or the relevant part of the register or lists) are requested;

(b) state whether a printed copy of the records or lists is requested or a copy in data form;

(c) state the purpose for which the marked register or lists will be used and why the supply or purchase of a copy of the full register or unmarked lists would not be sufficient to achieve that purpose.

(4) The Chief Electoral Officer for Northern Ireland shall supply a copy of the relevant part of the marked register or lists where a request is duly made and—

(a) he is satisfied that the requestor needs to see the marks on the marked register or lists in order to achieve the purpose for which it is requested; and

(b) he has received payment of a fee calculated in accordance with regulation 119.

(5) If the Chief Electoral Officer for Northern Ireland is not satisfied as mentioned in paragraph (4)(a) he may treat the request for a marked register or list as a request for information in unmarked lists under regulation 66 or for the published copy of the full register in accordance with regulation 110, or both.

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