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
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Additional requirement for applications for ballot papers to be sent to a different address to that in register

55A
  • (1) Paragraph (2) applies where—
  • (a) in the case of an application to vote by post under section 6(1) of the 1985 Act, the addresses provided in accordance with section 6(6) of that Act and regulation 55(2)(b) are different;
  • (b) in the case of an application to vote by post under section 7(1) of the 1985 Act, the addresses provided in accordance with section 7(5) of that Act and regulation 55(2)(b) are different;
  • (c) in the case of an application by a proxy to vote by post under section 9(4) or (7) of the 1985 Act, the address provided in accordance with section 9(12) of that Act and the proxy’s address provided in accordance with regulation 55(2)(c) are different.
  • (2) The application must set out why the applicant’s (“A”) circumstances will be or are likely to be such that A requires the ballot paper to be sent to the address provided in accordance with the provisions of the 1985 Act mentioned above.
  • (3) This regulation does not apply where an applicant has, or has applied for, an anonymous entry.

Additional requirement for applications for ballot papers to be sent to different address from that shown in the record kept under section 6(3) or section 9(6) of the 1985 Act

55B
  • (1) An application under—
  • (a) section 7(2) of the 1985 Act by a person (“A”) shown as voting by post in the record kept under section 6(3) of that Act; or
  • (b) section 9(8) of the 1985 Act by a person (“A”) shown as voting by post in the record kept under section 9(6) of that Act,

for A’s ballot paper to be sent to a different address from that shown in the record shall set out why A’s circumstances will be or are likely to be such that A requires the ballot paper to be sent to that address.

  • (2) This regulation does not apply where the applicant has, or has applied for, an anonymous entry.

Additional requirements for applications in respect of a particular election

Additional requirements for applications by proxies to vote by post at a particular election

Closing date for applications

Grant or refusal of applications

Notice of appeal

Cancellation of proxy appointment

Inquiries by registration officer

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

Marked register for polling stations

Certificate of employment at a parliamentary election

Form of Corresponding number lists

Supply of full register etc to a registered medical practitioner and restrictions on use.

107A
  • (1) This regulation applies to a registered medical practitioner.
  • (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 person (“A”) in respect of whom the registered medical practitioner’s request is made.
  • (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
  • (c) make use of any such information,

Prescribed form for canvass

46A

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

Retention of entries on the register following a canvass

46B
  • (1) Where—
  • (a) a person (P) is entered in the register in respect of any address, and
  • (b) conditions A, B and C are met,

section 10A(6) of the 1983 Act does not apply for the duration of the relevant period and the registration officer is authorised to retain P’s entry in the register.

  • (2) Condition A is that on the conclusion of a canvass under section 10(1A) of the 1983 Act, either—
  • (a) the registration officer is unable to satisfy himself that P was, on the 15th October in question, resident at that address because—
  • (i) the form mentioned in section 10(4) of the 1983 Act relating to P was not returned in respect of that address, or
  • (ii) for any other reason, insufficient information was obtained as to whether P was resident at that address on that date; or
  • (b) the form mentioned in section 10(4) of the 1983 Act relating to P was returned in respect of that address, but it does not include all of the information relating to P required by virtue of section 10(4A) of the 1983 Act.
  • (3) Condition B is that in the 12 month period before the conclusion of the canvass—
  • (a) P made an application under section 10A(1) or 13A(1) of the 1983 Act and the registration officer determined that P was entitled to be registered in the register;
  • (b) information received by the registration officer pursuant to regulation 41 indicates that P is resident at that address and that the required information in relation to P is accurate;
  • (c) inquiries made by the registration officer pursuant to sections 10(5) or 10A(5B) of the 1983 Act indicate that P is resident at that address and that the required information in relation to P is accurate;
  • (d) P has confirmed orally or in writing that P is resident at that address and that the required information in relation to P is accurate; or
  • (e) any other information received by the registration officer indicates that P is resident at that address and that the required information in relation to P is accurate.
  • (4) Condition C is that the registration officer is satisfied that it is likely that P is resident at that address and that the required information in relation to P is accurate.
  • (5) Nothing in this regulation prevents the registration officer from removing P’s entry from the register before the expiry of the relevant period if section 10A(5)(b) or 10A(5A)(b) of the 1983 Act applies.
  • (6) In this regulation—
  • “relevant period” means the period beginning with the conclusion of the canvass mentioned in paragraph (2) and expiring with the publication of a revised version of the register under section 13(1) of the 1983 Act in the sixth calendar year following that in which the canvass was conducted; and
  • “required information” has the meaning given in section 10ZB of the 1983 Act.

Supply to assist the registration officer to meet the relevant registration objectives

Supply of additional elector information to the Northern Ireland Statistics and Research Agency

112A
  • (1) The registration officer may supply additional elector information to the Agency.
  • (2) In this regulation—
  • “the Agency” means the Northern Ireland Statistics and Research Agency;
  • “additional elector information” means information relating to an elector’s date of birth or nationality or both, but does not include information which was only obtained by the registration officer pursuant to a request under regulation 41;
  • “relevant registration objectives” has the meaning given in section 10ZB of the 1983 Act.
  • (3) No person employed by the Agency may—
  • (a) supply a copy of the additional elector information other than to another such person;
  • (b) disclose any information contained in the additional elector information (and not contained in the edited register) otherwise than by publishing information about electors which does not include the date of birth or nationality of any elector;
  • (c) process or make use of the additional elector information other than for statistical purposes or for the purpose of assisting the registration officer to meet the relevant registration objectives.
  • (4) The restrictions in paragraph (3) apply to a person to whom any of the additional elector information has been supplied or information disclosed under that paragraph as they apply to a person to whom this regulation applies.

Form A

Official poll card and postal poll card at parliamentary elections

Reminders to persons who have an anonymous entry

26A
  • (1) This regulation applies to a person (“P”) who has an anonymous entry in the register of parliamentary or local electors.
  • (2) Subject to paragraph (3), the registration officer must, during the relevant period, send to P a reminder in writing that P’s entitlement to be registered will terminate on the determined date and that—
  • (a) if P wishes to remain entered in the register anonymously after that date, P must make a fresh application for an anonymous entry under section 9B(1)(b) of the 1983 Act;
  • (b) if P wishes to remain entered in the register without an anonymous entry, P must make a fresh application for registration under section 10A(1)(a) of the 1983 Act.
  • (3) Paragraph (2) does not apply (or ceases to apply) where the registration officer has received from P a fresh application for an anonymous entry under section 9B(1)(b) of the 1983 Act.
  • (4) In this regulation—
  • “the determined date” is the date on which P’s entitlement to remain registered will terminate under section 9C(1A) of the 1983 Act;
  • “the relevant period” is the period beginning six months before the determined date and ending three months before that date.

Applications for registration

Objections to registration

Inspection of applications and objections

Anonymous registration: applications and declarations

38A
  • (1) An application for an anonymous entry must state—
  • (a) the applicant’s full name,
  • (b) the address in respect of which the applicant is seeking to be registered, or is registered, in the register,
  • (ba) if different to the address referred to in sub-paragraph (b), the applicant’s present address,
  • (c) the reason for the application, and
  • (d) the date of the application.
  • (2) The application must be in writing and signed by the applicant.
  • (3) The application must be accompanied by—
  • (a) evidence of the nature prescribed in regulation 38C or 38D, and
  • (b) an application for an absent vote.
  • (4) Where the evidence mentioned in paragraph (3)(a) relates not to the applicant, but to another person of the same household as the applicant, the application must be accompanied by evidence that that person is of that household.
  • (5) The application must be accompanied by a declaration made by the applicant that—
  • (a) the particulars given in accordance with paragraph (1) are true,
  • (b) so far as the applicant is aware, the evidence provided in pursuance of paragraph (3)(a) is genuine, and
  • (c) where paragraph (4) applies—
  • (i) the person to whom the evidence relates is a person of the same household of the applicant, and
  • (ii) so far as the applicant is aware, the evidence provided in pursuance of paragraph (4) is genuine.
  • (6) The application may give an address to which the registration officer must send correspondence, other than the address given in accordance with paragraph (1)(b).
  • (7) In this regulation, “an application for an absent vote” means—
  • (a) in relation to parliamentary elections, an application under section 6 of the 1985 Act;
  • (b) in relation to local elections, an application under paragraph 1 of Part 1 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985.

Anonymous registration: determination of applications by the registration officer

38B
  • (1) Paragraph (2) applies where—
  • (a) in the case of an application under section 9B(1)(a) of the 1983 Act, the registration officer determines that the applicant for an anonymous entry is entitled to be registered, and
  • (b) in the case of an application under section 9B(1)(a) or (b) of that Act, the application for an anonymous entry is made in accordance with regulation 38A.
  • (2) The registration officer must determine that the safety test is satisfied (and accordingly allow the application for an anonymous entry) where that officer is satisfied—
  • (a) that the evidence provided in support of the application in pursuance of regulation 38A(3)(a) constitutes evidence of the nature prescribed in regulation 38C or 38D, and
  • (b) in the case of an application where paragraph (4) of regulation 38A applies, that the evidence provided in pursuance of that paragraph establishes that the person in question is a person of the same household as the applicant.
  • (3) The registration officer must determine the date on which the applicant’s entitlement to remain registered with an anonymous entry terminates (the “date of termination”) in accordance with paragraphs (4) and (5).
  • (4) Where the evidence provided under regulation 38A(3)(a) is evidence of the nature prescribed in regulation 38C, the date of termination is whichever is the earlier of the following—
  • (a) the date on which the relevant order or injunction will expire or will cease to be a relevant order or injunction within the meaning of regulation 38C(3)(a) (where such a date is specified in the relevant order or injunction), or
  • (b) the end of the period of five years, beginning with—
  • (i) in the case of an application under section 9B(1)(a) of the 1983 Act, the date when the person’s entry in the register first takes effect; or
  • (ii) in the case of an application under section 9B(1)(b) of that Act, the date when the Chief Electoral Officer determines under section 9B(2) of that Act that the safety test is satisfied.
  • (5) Where the evidence provided under regulation 38A(3)(a) is evidence of the nature prescribed in regulation 38D, the date of termination is the date on which the attestation will cease to have effect under regulation 38D(3).

Anonymous registration: evidence consisting of relevant court orders or injunctions

38C
  • (1) Evidence which meets the following conditions is prescribed for the purpose of regulation 38A(3)(a).
  • (2) The first condition is that the evidence is, or is a copy of, a relevant order or injunction.
  • (3) A relevant order or injunction is—
  • (a) an injunction for the purpose of restraining a person from pursuing any conduct which amounts to harassment granted in proceedings under section 3 of the Protection from Harassment Act 1997;
  • (b) an injunction granted under section 3A(2) of the Protection from Harassment Act 1997;
  • (c) a restraining order made under section 5(1) of the Protection from Harassment Act 1997 or section 360 of the Sentencing Code;
  • (d) a restraining order on acquittal made under section 5A(1) of the Protection from Harassment Act 1997;
  • (e) a non-harassment order, interdict or interim interdict made under section 8 or 8A of the Protection from Harassment Act 1997;
  • (f) a non-harassment order made under section 234A(2) of the Criminal Procedure (Scotland) Act 1995;
  • (g) a non-molestation order made under section 42(2) of the Family Law Act 1996;
  • (h) an injunction for the purpose of restraining a person from pursuing any conduct which amounts to harassment granted in proceedings under article 5 of the Protection from Harassment (Northern Ireland) Order 1997;
  • (i) a restraining order made under article 7 of the Protection from Harassment (Northern Ireland) Order 1997;
  • (j) a restraining order on acquittal made under article 7A(1) of the Protection from Harassment (Northern Ireland) Order 1997;
  • (k) a non-molestation order made under article 20(2) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998.
  • (l) a matrimonial interdict within the meaning of section 14 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981;
  • (m) a domestic interdict within the meaning of section 18A of the Matrimonial Homes (Family Protection) (Scotland) Act 1981;
  • (n) a relevant interdict within the meaning of section 113 of the Civil Partnership Act 2004;
  • (o) an interdict that has been determined to be a domestic abuse interdict within the meaning of section 3 of the Domestic Abuse (Scotland) Act 2011;
  • (p) any interdict with an attached power of arrest made under section 1 of the Protection from Abuse (Scotland) Act 2001; ...
  • (q) a forced marriage protection order or interim forced marriage protection order made under any of the following provisions—
  • (i) Part 4A of the Family Law Act 1996;
  • (ii) section 2 of, and paragraph 1 of Schedule 1 to, the Forced Marriage (Civil Protection) Act 2007;
  • (iii) section 1 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011;
  • (iv) section 5 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011;
  • (r) a domestic violence protection order made under section 28 of the Crime and Security Act 2010 or section 97 of, and paragraph 5 of Schedule 7 to, the Justice Act (Northern Ireland) 2015; ...
  • (s) a female genital mutilation protection order made under section 5A of, and paragraphs 1 or 18 of Schedule 2 to, the Female Genital Mutilation Act 2003 or
  • (t) a domestic abuse protection order within the meaning of section 27 of the Domestic Abuse Act 2021.
  • (4) The second condition is that the relevant order or injunction is made for the protection, or otherwise for the benefit, of—
  • (a) the applicant for an anonymous entry, or
  • (b) another person of the same household as the applicant.
  • (5) The third condition is that the relevant order or injunction is in force on the day on which the application for an anonymous entry is made.

Anonymous registration: evidence by attestation

38D
  • (1) An attestation within the meaning of this regulation is prescribed for the purposes of regulation 38A(3)(a).
  • (2) The attestation must—
  • (a) certify that the safety of the applicant, or of another named person of the same household as the applicant, would be at risk if the register contained the name of the applicant or the applicant’s qualifying address,
  • (b) state the date on which it is made, and
  • (c) be in writing and signed by a qualifying officer.
  • (3) The attestation must state the period for which it has effect, being a period of between one and five years beginning with the date on which the attestation is made.
  • (4) Qualifying officer means—
  • (a) a police officer of or above the rank of inspector of the Police Service of Northern Ireland;
  • (b) a police officer of or above the rank of inspector of any police force in England and Wales;
  • (c) a police officer of or above the rank of inspector of the Police Service of Scotland;
  • (d) the Director General of the Security Service;
  • (e) the Director General of the National Crime Agency;
  • (f) any director of adult social services in England within the meaning of section 6(A1) of the Local Authority Social Services Act 1970;
  • (g) any director of social services in Wales within the meaning of section 6(1) of the Local Authority Social Services Act 1970;
  • (h) any director of children’s services in England within the meaning of section 18 of the Children Act 2004;
  • (i) any chief social work officer in Scotland within the meaning of section 3 of the Social Work (Scotland) Act 1968;
  • (j) the director of social care and children of the Regional Health and Social Care Board established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009;
  • (k) any executive director of social work of a Health and Social Services Trust established under article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991;
  • (l) any registered medical practitioner;
  • (m) any registered nurse or midwife;
  • (n) any person who manages a refuge.
  • (5) In this regulation, “refuge” means accommodation together with a planned programme of therapeutic and practical support for victims of, or those at risk of, domestic abuse or violence.

Anonymous registration: review of entitlement to an anonymous entry

38E
  • (1) The registration officer must discharge the function under section 9C(1B)(b) of the 1983 Act25 in accordance with this regulation.
  • (2) The registration officer may conduct a review in respect of a person entered in the register with an anonymous entry (“P”).
  • (3) P may require a hearing of the review.
  • (4) Where the registration officer is of the opinion that the safety test is no longer satisfied in respect of P, that officer must, as that officer considers appropriate, send to P a notice which—
  • (a) states that the registration officer is of the opinion that the safety test is no longer satisfied in respect of P, the grounds for that officer’s opinion and that P may require a hearing of the review by notifying the registration officer within 14 days beginning with the date of the notice;
  • (b) states the reason for the review and requires P to provide such further information as might be specified in the notice; or
  • (c) states the reason for the review and that the registration officer intends to conduct a hearing of it.
  • (5) Where—
  • (a) the registration officer sends to P a notice in the form specified in paragraph (4)(a); and
  • (b) P does not, within 14 days beginning with the date of that notice, notify the registration officer in writing that P requires the review to be heard,

the registration officer may determine without a hearing that the safety test is no longer satisfied in respect of P.

  • (6) Where—
  • (a) the registration officer sends to P a notice in the form specified in paragraph (4)(b); and
  • (b) P does not respond to the registration officer’s satisfaction, or at all, within 28 days beginning with the date of that notice,

the registration officer may send a further notice to P which states that he is of the opinion that the safety test is no longer satisfied in respect of P, the grounds for his opinion and that P may require a hearing of the review by notifying the registration officer within 14 days beginning with the date of the notice.

  • (7) Where—
  • (a) the registration officer sends to P a further notice in pursuance of paragraph (6); and
  • (b) P does not, within 14 days beginning with the date of that notice, notify the registration officer in writing that P requires the review to be heard,

the registration officer may determine without a hearing that the safety test is no longer satisfied in respect of P.

  • (8) Where the registration officer determines that a hearing of the review should be conducted, the notice given under paragraph (4)(c) must also state the time and place at which that officer proposes to hear the review.
  • (9) Paragraphs (2) to (5) of regulation 38 apply to the hearing of a review under this regulation as they apply to the hearing of a review under regulations 36 to 38 (reading references to the “subject of the review” as references to “P”).
  • (10) The registration officer may determine that the safety test is no longer satisfied in respect of P, despite the failure of P (or any other person entitled to appear and be heard) to attend.
  • (11) In making a determination under paragraph (5), (7) or (10), the registration officer must take into account any written representations made to that officer by P and may take into account the written representations of any other person who appears to that officer to be interested.

Registration appeals

Representations regarding clerical errors

Requests for information

Provision of information to the registration officer

Disclosure of information

Notices in connection with registration

Communication of notices made on polling day

Notice by registration officer of a change of address

Prescribed form for canvass

Retention of entries on the register following a canvass

Anonymous entries

50A
  • (1) An anonymous entry of a person consists of that person’s electoral number together with the letter “N”.
  • (2) The entry is to be entered in the register—
  • (a) at the end of the part of the register which relates to the qualifying address of the person entitled to the entry,
  • (b) under the heading of “Other electors” as mentioned in regulation 50(3)(b), and
  • (c) following the names grouped together under that heading in pursuance of that regulation.

Marking of names

Publication of register

Preparation and publication of list of overseas electors

Record of anonymous entries

53A
  • (1) The registration officer must keep a record of anonymous entries.
  • (2) The registration officer must enter in the record each person (“P”) who is entered in the register with an anonymous entry.
  • (3) The entry in the record must contain the following particulars—
  • (a) P’s full name;
  • (b) P’s electoral number;
  • (c) P’s qualifying address;
  • (d) where P has given in his application for an anonymous entry an address other than his qualifying address to which correspondence should be sent, that address;
  • (e) the date on which P’s entitlement to remain registered anonymously will terminate under section 9C(1A) of the 1983 Act (in the absence of a further application under section 9B of that Act).
  • (4) Where P’s application to vote by post or by proxy is granted, the registration officer must also enter in the record the address to which the postal ballot paper is to be sent as given in his application under section 6(6) or 9(12) of the 1985 Act, or paragraph 1(6) or 4(11) of Part 1 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985, as the case may be.

Duties of registration officer and his staff in relation to record of anonymous entries

53B
  • (1) This regulation applies to—
  • (a) the Chief Electoral Officer for Northern Ireland;
  • (b) any temporary deputy of that officer; 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 record of anonymous entries 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 record of anonymous entries,
  • (b) disclose information contained in it, or
  • (c) make use of such information,

otherwise than in accordance with an enactment (including these Regulations) or the order of any court or tribunal made at any hearing or during the course of any proceedings.

  • (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 for the purposes of an election or referendum.
  • (5) The persons to whom this regulation applies must take proper precautions for the safe custody of the record of anonymous entries.
  • (6) In this regulation “enactment” has the same meaning as in section 17(2) of the 2000 Act.

Supply of the record of anonymous entries to police forces and other organisations

53C
  • (1) The registration officer must supply a copy of the record of anonymous entries, at the request in writing of a senior officer, to—
  • (a) a police force in England and Wales;
  • (b) the Police Service of Scotland;
  • (c) the Police Service of Northern Ireland and the Police Service of Northern Ireland (Reserve);
  • (d) the National Crime Agency;
  • (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (f) any body of constables established under an Act of Parliament.
  • (2) “Senior officer” means—
  • (a) in the case of the forces and organisations mentioned in paragraph (1)(a), (b), (c), (e) and (f), an officer of a rank senior to that of superintendent;
  • (b) in the case of the National Crime Agency, the Director General of that Agency.
  • (3) No person serving whether as a constable, officer or employee of any of the forces and organisations mentioned in paragraph (1) may—
  • (a) supply to any person a copy of the record of anonymous entries,
  • (b) disclose any information contained in it, or
  • (c) make use of any such information,

otherwise than for the purposes specified in paragraph (4).

  • (4) The purposes are—
  • (a) the prevention and detection of crime and the enforcement of the criminal law (whether in Northern Ireland or elsewhere);
  • (b) the vetting of a relevant person for the purpose of safeguarding national security.
  • (5) In paragraph (4), “relevant person” means—
  • (a) a constable or officer or prospective constable or officer of the force or organisation;

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