The Representation of the People (Northern Ireland) Regulations 2008

• (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 2000⁷⁷;

• (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 Act⁷⁸, including that Schedule as applied for the purposes of elections to the Northern Ireland Assembly⁷⁹.

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

• (c) make use of any such information,

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

• (c) a permitted participant within the meaning of section 105(1) of that Act, other than a registered political party.

• (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

• (c) make use of any such information,

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

• (c) a local election in Northern Ireland.

• (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

• (c) make use of any such information;

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);

• (c) the Serious Organised Crime Agency;

• (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

• (c) make use of any such information,

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

• (c) the list of overseas electors,

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

• (c) make use of any such information,

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

• (c) the list of overseas electors.

• (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

• (c) state whether a printed copy of any document is required instead of the version in data form.

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

• (c) supply and disclosure in accordance with paragraph (3).

• (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 2003⁸⁰;

• (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 2000⁸¹; 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

• (c) Schedule 2 to that Act.

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;

• (c) the list of proxies; and

• (d) the proxy postal voters list,

retained by the Chief Electoral Officer under rule 57(1A) of the elections rules⁸².

• (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.

• (6) A person who obtains a copy of any part of a marked register or list under this regulation may use it only for the permitted purpose specified in paragraph (2) of regulation 118, and any conditions—

• (a) specified in that paragraph; or

• (b) which would apply to the use of the full register under whichever of regulations 99,102,104,105, 106,107 or 111 entitled that person to obtain that document,

shall apply to such use.

• (7) The conditions referred to in paragraph (6) apply to a person to whom the marked register or lists, or any information contained in it (that is not contained in the edited register) has been supplied or disclosed under those paragraphs as they apply to the person to whom those regulations apply.

• (8) Any person who has obtained or is entitled to obtain a copy of the marked register or lists under this regulation may—

• (a) supply a copy of the marked register or lists to a processor for the purpose of processing the information contained therein, or

• (b) procure that a processor processes and supplies to them any copy of the information in the marked register or lists which the processor has obtained under this regulation,

for use in respect of the purposes for which that person is entitled to obtain such copy or information (as the case may be).

Inspection of documents open to public inspection

117

• (1) Any person is entitled to request that the Chief Electoral Officer for Northern Ireland make available for inspection a copy of any of the following documents (referred to in this regulation and in regulation 118 as “the documents open to public inspection”)—

• (a) the marked register or lists;

• (b) such other documents relating to an election as the Chief Electoral Officer for Northern Ireland is required by or under any enactment to retain for any period , except the documents specified in paragraph (1A).

• (1A) The specified documents are—

• (a) ballot papers,

• (b) completed corresponding number lists,

• (c) certificates of employment on the day of the election, and

• (d) the list compiled in accordance with regulation 84H(1) and any extracts produced from that list.

• (2) A request under paragraph (1) shall be made in writing and shall specify—

• (a) which documents are requested;

• (b) the purpose for which the information in any document will be used,

• (c) where the request is to inspect the marked register or lists, any reason why inspecting the full register or unmarked lists would not be sufficient to achieve that purpose,

• (d) who will inspect the documents,

• (e) the date on which they wish to inspect the documents, and

• (f) whether they would prefer to inspect the documents in a printed or data form.

• (3) Subject to paragraph (4), the Chief Electoral Officer for Northern Ireland shall make the documents open to public inspection available for inspection under supervision not later than 10 days after the date of receipt of a request that has been duly made.

• (4) Where a request has been made to inspect copies of the marked register or lists under paragraph (2) and the Chief Electoral Officer for Northern Ireland is not satisfied that the purposes of the requestor cannot be met by inspection of the full register, he shall inform the requestor—

• (a) of his decision under this paragraph, and

• (b) provide the requestor with information concerning the availability of the published full register for inspection in accordance with regulation 52.

• (5) A person who obtains a copy of or information in any document open to public inspection under this regulation may use it only for the permitted purposes specified in regulation 118, and any conditions—

• (a) specified in that regulation,

• (b) specified in paragraph (7), or

• (c) which would apply to the use of the full register under regulation 107 where such a person has obtained a copy of that document under paragraph (8),

shall apply to such use.

• (6) Where inspection takes place by providing the records or lists on a computer screen or otherwise in data form, the Chief Electoral Officer for Northern Ireland shall ensure that the manner in, and equipment on which that copy is provided do not permit any person consulting that copy to—

• (a) search it by electronic means by reference to the name of any person; or

• (b) copy or transmit any part of that copy by electronic, or any other means.

• (7) Subject to paragraph (8) a person who inspects a copy of a document open to public inspection, whether a printed copy or in data form, may not—

• (a) make copies of any part of it, or

• (b) record any particulars in it,

except that a person who inspects a copy of the marked register or lists may make hand-written notes.

• (8) The Chief Electoral Officer for Northern Ireland shall on request, supply free of charge copies of any documents open to public inspection, to a person who has inspected those documents and who is entitled to be supplied with a copy of the marked register or lists by virtue of being a person to whom regulation 107 applies.

Conditions on the use, supply and disclosure of documents open to public inspection

118

• (1) Subject to paragraphs (2) and (3) the restrictions on the supply, disclosure and use of information in regulations 94 and 95 shall apply to the documents open to public inspection as they apply to the full register.

• (2) Where a person—

• (a) obtains copies of the information in the marked register or lists in accordance with regulation 116(1); or

• (b) a person inspects information in accordance with regulation 117(1),

the permitted purpose shall mean either purposes mentioned in Article 84A(1) of the UK GDPR (archiving in the public interest, scientific or historical research and statistics) or electoral purposes.

• (3) Where a copy of any information was supplied in the circumstances to which regulation 117(8) applies, the permitted purpose means the purposes set out in regulation 107(3).

• (4) In this regulation, “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018.

Fees relating to the supply of marked registers and lists

119

The formula used for the purpose of calculating the fee that shall be paid to the Chief Electoral Officer for Northern Ireland by a requestor prior to their being supplied with copies of the marked register or lists (or any relevant part those documents) under paragraph (3) of regulation 116 shall be the same as for calculation of the fee for sale of the full register and notices, set out in paragraph (5) of regulation 109.

SCHEDULE 1 — ENABLING POWERS

These Regulations are made under the following powers:

• (a) section 7(3)(aa), 7A(3)(aa), 7C(2)(aa)⁸³, 10A(5)(b)⁸⁴, (7) and (9), 13A(6)⁸⁵,13BA⁸⁶, 13(C)(2)⁸⁷, 15(2)(aa)⁸⁸, 53⁸⁹ and 201(1) and (3)⁹⁰ of, rule 24⁹¹, 37(1F)⁹²and 57⁹³of Schedule 1 and Schedule 2⁹⁴ to, the Representation of the People Act 1983;

• (b) section 2(2)(aa), 3(5), (6) and (7)⁹⁵ of the Representation of the People Act 1985;

• (c) having regard to the definition of “prescribed” in section 202(1) of the 1983 Act, sections 4(4)⁹⁶, 9(2)⁹⁷, 10A(1) and (3), 13(3), 13A(1)(a) and (2)⁹⁸, 14(1) ⁹⁹, 16¹⁰⁰, 58(2)(a), (b) and (6)(a)¹⁰¹, 75(3) and 89(1)¹⁰² of the 1983 Act, and rules 19A¹⁰³, 24, 28(3) ¹⁰⁴, 29(3A)¹⁰⁵ and 32(3) in Schedule 1 to, that Act;

• (d) having regard to the definition of “prescribed” in section 202(1) of the 1983 Act and section 27(2)¹⁰⁶ of the 1985 Act, section 2(3)¹⁰⁷, 6(1) and (5)¹⁰⁸, 7(1) and (3)¹⁰⁹, 8(6) and (7)¹¹⁰ and 9(4), (7) and (8)¹¹¹ and section 15(5) of the 1985 Act;

• (e) having regard to the designation¹¹² of the Secretary of State for the purposes of section 2(2) of the European Communities Act 1972¹¹³ in relation to measures relating to the rights of citizens of the Union to vote at European Parliamentary elections and local elections in Northern Ireland, that section 2(2);

• (f) section 7(3) and (4) of the European Parliamentary Elections Act 2002 ¹¹⁴; and

• (g) section 42 of the Electoral Administration Act 2006.

In the case of the 1983 Act, the provisions cited include those provisions as applied with modifications by section 2(1) of, and Schedule 1 to, the 1989 Act¹¹⁵.

SCHEDULE 2 — REVOCATIONS

1- Regulations	2- References	3- Extent of Revocation
The Representation of the People (Northern Ireland) Regulations 2001	S.I.2001/400	The whole Regulations
The Representation of the People (Northern Ireland)(Amendment) Regulations 2001	S.I.2001/1877	The whole Regulations
The Representation of the People (Northern Ireland)(Amendment) Regulations 2002	S.I.2002/1873	The whole Regulations
The Local and European Parliamentary Elections (Registration of Citizens of Accession States) 2003	S.I.2003/1557	Paragraph 4 of Schedule 2 to the Regulations
The Nursing and Midwifery Order 2001 (Consequential Amendments) Order 2002	S.I.2002/881	Paragraph 22 of the Schedule to the Order
The Representation of the People (Form of Canvass)(Northern Ireland) Regulations 2003	S.I.2003/1942	The whole Regulations
The Money Laundering Regulations 2003	S.I.2003/3075	Paragraph 6 of Schedule 2 to the Regulations
The Health Act 1999 (Consequential Amendments)(Nursing and Midwifery) Order 2004	S.I.2004/1771	Paragraph 27 of the Schedule to the Order
The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005	S.I.2005/2114	Paragraph 1 of Schedule 9 to the Order
The Representation of the People (Northern Ireland)(Amendment) Regulations 2007	S.I.2007/1612	The whole Regulations

SCHEDULE 3 — FORMS

ARRANGEMENT OF FORMS

Form A:	Elector’s official poll card
Form A1:	Elector’s Official Postal Poll Card
Form B:	Proxy’s official poll card
Form B1:	Proxy’s Official Postal Poll Card
Form C:	Return of expenses required by section 75 of the 1983 Act
Form D:	Declaration as to expenses required by section 75 of the 1983 Act
Form E:	Proxy paper
Form F:	Certificate of employment
Form G:	Form of Corresponding Number List for use at parliamentary election taken alone
Form H:	Form of Corresponding Number List for use in polling station at parliamentary election taken alone
Form J:	Corresponding Number List for use when parliamentary election combined with a relevant election
Form K:	Corresponding Number List for use in polling station when parliamentary election combined with a relevant election
Form L:	Declaration of Identity
Form M:	Declaration of Identity (combined polls)
Form K1	Statement as to postal ballot papers
. . .	. . .

SCHEDULE 4 — APPLICATION WITH MODIFICATIONS OF PROVISIONS OF THE 1983 AND 1985 ACTS FOR REGISTRATION OF EUROPEAN PARLIAMENTARY OVERSEAS ELECTORS

1 Provision applied	2 Modification
PART 1: THE 1983 ACT	PART 1: THE 1983 ACT
Section 4(5) (attainers)[^f00124]
Section 9 (register of electors)[^f00125]	In subsection (1)(a) omit “for each constituency or part of a constituency”. In subsection (2) omit “subject to section 9B(3) below”. Omit subsection (2)(b). Omit subsections (5) to (8).
Section 13 (publication of registers)[^f00126]	For subsection (1) to (3) substitute: 1 Where a register under section 3 of the 1985 Act is in force, a revised version of it shall be published when a revised version of the registers of parliamentary and local government electors is published under this section as it has effect for the purposes of such registers . In subsection (5) omit the words “, 13B or 13BA”.
Section 13A (alteration of register)[^f00127]	In subsection (2)(b) omit the words “(subject to sections 13B(1) and 13BA(1) below)”. In subsection (3)(a) omit “or 3”. In subsection (3)(b) for “section 13(1)(a)” substitute “section 13(1)”. Omit subsection (4). In subsection (5) omit “and section 13B or 13BA below”.
Section 50 (effect of misdescription)	For paragraphs (a), (b) and (c) substitute “in the register”.
Section 52 (discharge of registration duties)[^f00128]	In subsections (1), (2) and (4) after the word “Act” insert “and regulation 14 of the Representation of the People (Northern Ireland) Regulations 2008.”
Section 54 (payment of expenses of registration)[^f00129]	In subsection (1) after the word “Act” in the first place where it occurs, insert “and Regulation 14 of the Representation of the People (Northern Ireland) Regulations 2008”. Omit subsection (3).
Section 58 (registration appeals: Northern Ireland)[^f00130]	In subsection (4) omit “and 13BA”. In subsection (5) for “,13A(2) or 13BA(6) or (9)” substitute “or 13A(2)”.
Section 63 (breach of official duty)[^f00131]	In subsection (3)— for paragraphs (a) to (d) substitute: a any registration officer; and for the words from “relating to” to the end of the subsection substitute “relating to the registration of European Parliamentary overseas electors”.
PART 2: THE 1985 ACT	PART 2: THE 1985 ACT
Section 2 (registration of British citizens overseas)[^f00132]	In subsection (1)(a) omit “constituency or”. In paragraph (c) of subsection (2) for the words from “parliamentary” to the end of that paragraph, substitute “local electors”. In subsection (4)(a) for “section 1” substitute “section 3”. In subsection (7) for “any constituency or part of a constituency” substitute “the electoral region”. In subsection (8) for “section 1(1)(a)” substitute “section 3(1)(a)”.
In section 12 (offences as to declarations etc), subsections (1), (2) and (4)	In subsection (1)(a) for word “parliamentary” substitute “European Parliamentary”.

SCHEDULE 5 — Form of words about two versions of the register

Signed

Paul Goggins — Minister of State — 30th June 2008

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations replace the Representation of the People (Northern Ireland) Regulations 2001(S.I.2001/400), as amended (“the 2001 Regulations”). These Regulations are needed in consequence of changes made by the Electoral Administration Act 2006 (c.22)(“ the 2006 Act”).

Part 1 of these Regulations is based on Part 1 of the 2001 Regulations (as amended). Regulations 5 and 6 of these Regulations differ from the equivalent provisions in the 2001 Regulations to facilitate the use of electronic communications in making representations.

The official poll card and the proxy’s official poll card have been amended in the light of the replacement of counterfoils made by section 31 of the 2006 Act and to make it clear that voters in Northern Ireland must show a specified form of photographic identification when voting.

Part 2 of these Regulations repeats Part 2 of the 2001 Regulations (as amended).

Part 3 of these Regulations is in substance the same as Part 3 of the 2001 Regulations (as amended). Regulation 24 differs from the equivalent provision in the 2001 Regulations and does not contain the previous offence in regulation 23 of the 2001 Regulations of providing false information in pursuance of a requisition of information by the registration officer. Section 15 of the 2006 Act has amended section 13D of the Representation of the People Act 1983 (c.2) (“the 1983 Act”), creating a broader offence of providing false information to registration officers. Regulation 24 also enables the Chief Electoral Officer to request documentation as well as information and to specify the form in which the information he requests must be provided.

Regulation 25 provides that the deadline for “late registration” of electors is to be the eleventh day before the date of the poll. This later deadline for registration means that the registration officer will not have time to make the normal checks on the information provided by the elector before polling day. In order to avoid electoral fraud, electors who apply for late registration will have to provide such of the original documents set out in regulation 25 as the registration officer may request. Regulation 25 provides, among other things, that a photographic identity card of a type approved by the British Retail Consortium for the purposes of its Proof of Age Standards Scheme is acceptable evidence. Further information about this scheme can be obtained from the British Retail Consortium, 21 Dartmouth Street, London, SW1H 9BP (tel: 020 7854 8900) or on the website www.pass-scheme.org.uk.

Regulations 28 and 30 differ from the equivalent provisions in regulations 27 and 29 of the 2001 Regulations so as to make provision for objections made in respect of persons already entered in the register. The amendment made to section 10A of the 1983 Act by section 12(4) of the 2006 Act clarified that such objections could be made. Regulation 30 additionally provides for the registration officer to be able to determine objections without a hearing where he is of the opinion that the objection in question is clearly without merit.

Regulation 33 is a new provision which allows for the determination of objections relating to applications for registration which have been allowed, but where corresponding changes to the register have yet to take effect.

Regulations 34 to 38 are new provisions for which there were no equivalents in the 2001 Regulations. Section 12 of the 2006 Act amended the provisions of the 1983 Act set out in new regulation 34, to confer powers on the registration officer to make determinations of a person’s entitlement to be registered other than in relation to determining applications for registration and objections. These new regulations provide for the manner in which these powers are to be exercised. They provide for the registration officer to undertake a review of a person’s entitlement to registration (regulation 36) and to maintain a list of such reviews (regulation 37). Provision is made for when such reviews must be heard (regulation 36) and how they are to be heard (regulation 38). New regulation 35 provides that this procedure does not apply in specified circumstances, where it is clear that a person has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act, for the purposes of a determination under section 10A(5)(b) of that Act.

Regulation 40 makes provision in relation to representations made by or on behalf of an elector that the electoral register contains a clerical error.

Regulation 33 of the 2001 Regulations, which prescribed circumstances for the purposes of section 10A(5)(b) of the 1983 Act, has not been replicated in these Regulations. This conferred a power on the registration officer to determine in the circumstances so prescribed that a person had ceased to satisfy the requirements for registration set out in section 4 of that Act. However, section 12(5)(b) of the 2006 Act, substituted a broader power that is now subject to the procedure set out in regulation 30.

Regulation 44(3) is a new provision which is not found in regulation 36 of the 2001 Regulations which preceded it. Paragraph (3) specifies the prescribed time for the purposes of section 13BA(7) and (8) of the 1983 Act. Section 13BA of the 1983 Act (as inserted by section 6 of the Northern Ireland (Miscellaneous Provisions) Act 2006(c.33)) allows alterations to be made to the electoral register in consequence of a court ruling or to correct a clerical error up to a prescribed time on the day of the poll.

Regulation 45, which is new, provides that where a notice of alteration is issued by a registration officer on polling day as a result of a court ruling or to correct a clerical error, the registration officer must communicate the contents of the notice to the presiding officer. Where such a communication takes place, the presiding officer is required to make a note as to the contents of the notice and forward it to the returning officer after the day of the poll.

Regulation 44 of the 2001 Regulations, which required the registration officer to supply the Secretary of State with information about electors, has not been reproduced in these Regulations. This is because regulation 44 had not been used and was considered otiose.

Part 4 of these Regulations repeats the substance of Part 4 of the 2001 Regulations. However, regulation 69 prescribes the form of corresponding number lists to be used at parliamentary elections at polling stations and for postal ballot papers. This is consequential on sections 30 (ballot paper design) and 31(replacement of counterfoils) of the 2006 Act.

Part 5 of these Regulations repeats the substance of Part 5 of the 2001 Regulations. In regulations 76 and 79 references to counterfoils attached to ballot papers, which appeared in the 2001 Regulations, are replaced with references to the corresponding number list, following amendments made by section 31 of the 2006 Act.

Regulation 72 differs from regulation 67 of the 2001 Regulations in consequence of changes made by section 29 of the 2006 Act.

Part 6 of the Regulations repeats the substance of Part 6 of the 2001 Regulations. However, changes have been made in provisions which relate to the supply of the electoral register to ensure that where a registration officer is required to supply a person with a copy of the register, the register is taken to include any notices of alteration issued by the registration officer under section 13BA(3), (6) or (9) of the 1983 Act as inserted by section 6 of the Northern Ireland (Miscellaneous Provisions) Act 2006.

The District Electoral Areas Commissioner has been added to the list of people who can receive the register under regulation 100.

The offences in regulation 114 differ from those previously found in regulation 109 of the 2001 Regulations in order to bring the offences for breach of conditions on the use of information in the full register in line with that for misuse of documents after an election.

Part 7 is new and makes provision requiring the Chief Electoral Officer for Northern Ireland to supply or disclose information in documents that have been used or marked at parliamentary elections and places conditions on the use of information in those documents. An offence for breach of those conditions is set out in section 66B of the 1983 Act which was inserted by section 41(9) of the 2006 Act.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

Footnotes