Legalize / United Kingdom / Statutory-Instrument

The Representation of the People (Northern Ireland) Regulations 2008

Type Statutory-Instrument

Publication 2008-06-30

Last updated 2026-02-05

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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[^key-b37b8cb41f3b7f92cb31dd5b7bfa1058]: Words in reg. 118(2) substituted (5.2.2026) by The Data (Use and Access) Act 2025 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/1331), regs. 2(3), 9; S.I. 2026/82, reg. 2(n)

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

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,

(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

(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

(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;

(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 Act[^f00029] 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

(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

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;

(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

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;

(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

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;

(b) an employee of, or applicant for employment by, the force or organisation.

(6) Any person supplied with a copy of the record of anonymous entries under this regulation must take proper precautions for its safe custody.

Certificate of anonymous registration

53D

(1) Where the registration officer enters a person in the record of anonymous entries, he must issue to that person a certificate of anonymous registration.

(2) A certificate of anonymous registration must be in writing and signed by the registration officer.

(3) A certificate of anonymous registration must state—

(a) that it has been issued by the Chief Electoral Officer for Northern Ireland;

(b) the name, electoral number and qualifying address of the person who has the anonymous entry;

(d) the date on which the entitlement to remain registered anonymously will terminate in accordance with section 9C(1A) of the 1983 Act, unless a fresh application for an anonymous entry is made.

Tendered postal ballot papers

81A

(1) A tendered postal ballot paper issued to a person (“P”) under rule 40ZA of the elections rules (tendered postal ballot papers: anonymous entries in Northern Ireland) must be accompanied by—

(a) an envelope for the return of the tendered postal ballot paper and the declaration of identity (referred to as a “covering envelope”) which must be marked with the letter “D”;

(b) a smaller envelope which must be marked with—

(i) the letter “C”;

(ii) the words “tendered postal ballot paper envelope”; and

(iii) the number of the tendered postal ballot paper, unless the envelope has a window through which the number on the ballot paper can be displayed; and

(c) a declaration of identity in the form set out in regulation 71 (form of declaration of identity) which is marked with the number of the tendered postal ballot paper.

(2) Where a parliamentary election is combined with another poll under section 15 of the 1985 Act—

(a) the envelope referred to in paragraph (1)(a) 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 (1)(b) after the words “tendered postal ballot paper envelope” there must be added “for the [insert colour of the ballot paper] coloured ballot paper”.

(3) Subject to paragraph (5), regulation 80 (delivery of postal ballot papers) applies to the issue of a tendered postal ballot paper.

(4) The tendered postal ballot paper, the declaration of identity and the envelopes must be sent to—

(a) where P is an elector, the address that would be shown in the absent voters list but for section 7(4A) of the 1985 Act;

(b) where P is entitled to vote by post as proxy, the address that would be shown in the special list kept under section 9(9) of the 1985 Act but for section 9(9A) or (9B) of that Act.

(5) Where P applies in person, the Chief Electoral Officer may hand a tendered postal ballot paper to P instead of delivering it in accordance with regulation 80.

(6) The Chief Electoral Officer must enter in a list kept for the purpose (“the list of tendered postal ballot papers”)—

(a) the entry in the register of the elector in question;

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

(c) where P is entitled to vote by post as proxy, the proxy’s electoral number or, as the case may be, a statement that the proxy is not registered as an elector.

(7) On receipt of a covering envelope of a tendered postal ballot paper before the close of the poll, the Chief Electoral Officer must—

(a) separate it from the covering envelopes of the other postal ballot papers; and

(b) place it in a separate ballot box for the reception of tendered postal ballot papers.

(8) As soon as practicable after the close of the poll, the Chief Electoral Officer must count and record the number of covering envelopes of tendered postal ballot papers and open each covering envelope separately.

(9) Before proceeding under rule 40ZA(9) of the elections rules, the Chief Electoral Officer must satisfy himself that each tendered postal ballot paper—

(a) is not void under rule 40ZA(7); and

(b) is accompanied by a valid declaration of identity which is marked with the same number as the tendered postal ballot paper.

(10) Where the Chief Electoral Officer is not so satisfied, that officer must—

(a) mark the tendered postal ballot paper as “rejected”; and

(b) place the tendered postal ballot paper, attached to the declaration of identity (if any), in a receptacle for rejected tendered postal votes.

(11) The Chief Electoral Officer must seal the contents of the receptacle for rejected tendered postal votes in a separate packet.

Form A1

Form B

Form B1

Form C

Form D

Form E

Form F

Form G

Form H

Form J

Form K

Form L

Form M

Form K1

Form O

Time when postal ballot papers are to be issued

70A

Postal ballot papers (and declarations of identity) must not be issued by the counting officer so as to be received by persons entitled to vote in the referendum before the beginning of the relevant period within the meaning of section 125 of the Political Parties, Elections and Referendums Act 2000 (restriction on campaigning by certain persons and bodies).

Form of declaration of identity

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

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

Notification of requirement of secrecy

Notice of issue of postal ballot papers

Procedure on issue of postal ballot paper

Refusal to issue postal ballot paper

Envelopes

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

Delivery of postal ballot papers

Spoilt postal ballot papers

Tendered postal ballot papers

Retention of information in connection with an application for registration

27A

(A1) If a person provides an original document in accordance with regulation 25A(2), 25B(2), 25C(2), 27ZA(3) or (4), 27ZB(2), 27ZD(2)(a) or (5), 27ZE(3)(a) or 27ZG(7), the registration officer must make a copy of that document and return the original document to the person who provided it.

(1) In respect of any application for registration, until the application has been determined, the registration officer—

(a) shall retain the application form or, in the case of an application submitted through the UK digital service, the information contained in the application; and

(b) must retain any other information or documents provided to the registration officer in connection with the application or, in the case of original documents which are returned under paragraph (A1), a copy of such documents.

(2) After the determination of the application, the registration officer may continue to retain any information or document mentioned in paragraph (1) until such time as the officer considers that it is not required for or in connection with the exercise of the officer’s functions.

(3) In respect of any relevant canvass form, until the end of the register alteration day, the registration officer—

(a) shall retain the canvass form or, in the case of a canvass form submitted through the UK digital service, the information contained in the form; and

(b) may retain any other documentation or information provided to the registration officer in connection with the submission of the form.

(4) After the register alteration day, the registration officer may continue to retain any information or document mentioned in paragraph (3) until such time as the officer considers that it is not required for or in connection with the exercise of the officer’s functions.

(5) In this regulation—

“relevant canvass form” means a canvass form completed in respect of any address in connection with a canvass under section 10 of the 1983 Act;

“register alteration day” means, in respect of a relevant canvass form, the day on which the Chief Electoral Officer for Northern Ireland has determined what alterations to the officer’s registers fall to be made as a result of the submission of that canvass form.

Objections to registration

Inspection of applications and objections

Verification of information provided in an application

42A

(1) In the case of a relevant application submitted through the UK digital service, the Minister of the Crown responsible for providing the UK digital service may disclose the name and any previous name, date of birth and national insurance number of the applicant given in the application to the Secretary of State.

(2) On receipt of a relevant application other than one submitted through the UK digital service, the registration officer may disclose the name and any previous name, date of birth and national insurance number of the applicant given in the application to the Secretary of State through the UK digital service.

(3) Where information has been disclosed to the Secretary of State under paragraph (1) or (2), the Secretary of State shall compare the information against—

(a) the name and any previous name, date of birth and national insurance number of individuals appearing in the following types of databases kept by the Department for Work and Pensions—

(i) databases kept for the purposes of functions relating to social security (including such information kept on behalf of the Department for Communities); and

(ii) databases relating to working tax credit, child tax credit and child benefit (being information kept on behalf of Her Majesty’s Revenue and Customs); and

(b) any other information contained in the databases mentioned in sub-paragraph (a) which relates to the information disclosed under paragraph (1) or (2).

(4) The Secretary of State shall disclose the results of the comparison to the registration officer through the UK digital service, and regulation 41(5) and (7) shall be disregarded for these purposes.

(5) The registration officer may take such results into account in determining—

(a) where the relevant application is a canvass form, what alterations to the officer’s registers fall to be made as a result of the submission of that form, and

(b) where the relevant application is an application for registration, that application.

(6) Any person who processes the information disclosed under paragraph (1) or (2) shall do so in accordance with any requirements as to the processing of information that may have been imposed in writing by the Minister of the Crown responsible for providing the UK digital service, including requirements as to the transfer, storage, destruction and security of that information.

(7) In this regulation—

“relevant application” means—an application for registration; or canvass form completed in respect of any address in connection with a canvass under section 10 of the 1983 Act;

“the Secretary of State” means the Secretary of State for Work and Pensions.

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

Retention of registration information

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

Notification of determination of application for electoral identity card

13A

(1) Where the Chief Electoral Officer for Northern Ireland determines an application for an electoral identity card, they must notify the applicant of that determination, together with any other information required by this regulation.

(2) Where the Chief Electoral Officer refuses the application, they must also notify the applicant of—

(a) the reason for the refusal,

(b) the right of appeal under section 58(1)(bb) of the 1983 Act, and

(3) Where the Chief Electoral Officer notifies the applicant other than by written notification, they must, as soon as reasonably practicable after that notification send a written notification containing the same information to the applicant’s address, as specified in the application.

Appeal following determination

13B

(1) A person who wishes to appeal under section 58(1)(bb) of the 1983 Act against a determination of the Chief Electoral Officer for Northern Ireland to refuse an application for an electoral identity card must give notice of the appeal to the Chief Electoral Officer before the end of the period of 14 days beginning with the day on which the notification under regulation 13A is given, specifying the grounds of the appeal.

(2) Where regulation 13A(3) applies in respect of the refusal, the reference to notification in paragraph (1) is to be read as the first notification under regulation 13A to that person.

(3) The Chief Electoral Officer must forward any such notice of appeal to the appropriate county court in the manner directed by rules of court together with a statement setting out—

(a) the material facts which in the Chief Electoral Officer’s opinion have been established in the case,

(b) the Chief Electoral Officer’s decision, and

(4) The Chief Electoral Officer must also give to the county court any other information which the court may require and which the Chief Electoral Officer is able to give.

(5) Where it appears to the Chief Electoral Officer that any notices of appeal given to the Chief Electoral Officer are based on similar grounds, the Chief Electoral Officer must 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.

Registration of European parliamentary overseas electors

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

PART 6A — Supply of date of birth lists to police and pursuant to a court order

Interpretation of Part 6A

114A

(1) In this Part, “date of birth list” means a list prepared under rule 19B(1) of the elections rules (lists of electors’ and proxies’ dates of birth) and includes any part of such a list.

(2) Subject to any direction of the Secretary of State under section 52(1) of the 1983 Act, any duty on the Chief Electoral Officer for Northern Ireland to supply a date of birth list imposes only a duty to provide the list in the form in which the Chief Electoral Officer holds it.

Supply of date of birth lists to police forces and restrictions on use

114B

(1) The Chief Electoral Officer for Northern Ireland must, on receipt of a written request from a police force for a date of birth list—

(a) if the request was for a copy of a date of birth list in printed form, provide the police force with a printed copy of the list specified in the request;

(b) if the request was for a date of birth list in data form, provide the police force with the data form of the list specified in the request.

(2) No person serving whether as a constable, officer or employee in a police force may—

(a) supply a date of birth list, or a copy of such a list, to any person,

(b) disclose any information contained in a date of birth list, 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).

(3) The restrictions in paragraph (2) apply to a person—

(a) to whom a date of birth list (or copy) has been supplied under that paragraph, or

(b) to whom information in such a list has been disclosed under that paragraph,

as they apply to the persons referred to in that paragraph.

(4) In this regulation—

(a) “police force” means—

(i) the Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve,

(ii) a police force in Great Britain,

(iii) the National Crime Agency, or

(iv) any body of constables established under an Act of Parliament;

(b) the reference to an employee in a police force includes—

(i) any person working or providing services for the police force, and

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

Court orders for production of date of birth lists

114C

(1) The High Court, a county court or an election court may make an order for the inspection or production of a date of birth list, if satisfied by evidence on oath that the order is required for the purposes of—

(a) instituting or maintaining a prosecution in relation to an election, or

(b) an election petition.

(2) An order under paragraph (1) may be made subject to conditions, including conditions relating to—

(a) the persons who may inspect the list or to whom the list may be produced,

(b) the time of inspection or production, and

(3) An appeal lies to the High Court from any order of a county court under paragraph (1).

(4) A power to make an order under paragraph (1)—

(a) in the case of a power of the High Court, may be exercised by any judge of the court otherwise than in open court, and

(b) in the case of a power of a county court, may be exercised in such manner as may be provided by rules of court.

(5) Where an order is made for the production of a date of birth list relating to a specified election, the production of the list in the manner directed by the order is to be conclusive evidence that the list relates to the specified election.

(6) A third party who has inspected a date of birth list or to whom a date of birth list has been produced pursuant to an order under paragraph (1) may not—

(a) supply the list, or a copy of it, to any person,

(b) disclose any information contained in it, or

otherwise than for the purposes of the proceedings in relation to which the order was made[^f00022].

(7) The restrictions in paragraph (6) apply to a person—

(a) to whom a date of birth list (or copy) has been supplied under that paragraph, or

(b) to whom information in such a list has been disclosed under that paragraph,

as they apply to the third party to whom the list was first supplied.

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

Reminders to electors registered in pursuance of an overseas elector’s declaration

23A

(1) This paragraph applies in relation to a person (“P”) who is registered in pursuance of an overseas elector’s declaration.

(2) Subject to paragraph (3), the registration officer must, during the relevant period, send to P a reminder in writing of the need to make a renewal declaration if P wishes to remain registered in pursuance of the overseas elector’s declaration.

(3) Paragraph (2) does not apply or ceases to apply where the registration officer has received—

(a) a renewal declaration from P, or

(b) information which indicates that P is no longer entitled to make a renewal declaration.

(4) In paragraph (2), “relevant period” means the period—

(a) beginning with 1st July of the year in which P’s registration is due to end in accordance with section 1D(1)(a) or (3)(a) of the 1985 Act[^f00020], and

(b) ending with 1st October of that year.

Renewal declarations

23B

(1) A renewal declaration must include, in addition to the information required or permitted by section 1E of the 1985 Act—

(a) the declarant’s national insurance number, and

(b) the declarant’s present address.

(2) A renewal declaration must be in writing and be signed by the declarant.

Notification about continued registration as an overseas elector following renewal declaration

23C

(1) Where the registration officer is satisfied that a person making a renewal declaration (“the declarant”) is entitled to remain registered in pursuance of an overseas elector’s declaration, the registration officer must notify the declarant of that fact.

(2) Where the registration officer is not so satisfied, the registration officer must notify the declarant of that fact together with the registration officer’s reasons for not being so satisfied.

Regulation 25 supplementary: additional supporting material in relation to identity

25A

(1) This regulation prescribes the additional supporting material which, for the purposes of sections 13BA(3) and 13BC of the 1983 Act, the registration officer may require in relation to the identity of an applicant.

(2) The additional supporting material is a copy of, or, where the registration officer considers it appropriate, the original of—

(a) one of the following documents issued to the applicant—

(i) a passport;

(ii) a photocard driving licence (current or expired) issued in the United Kingdom or the European Economic Area or granted by a Crown Dependency;

(iii) a biometric immigration document issued in the United Kingdom in accordance with regulations made under section 5 of the UK Borders Act 2007[^f00022];

(iv) an electoral identity card issued under section 13C(1) of the 1983 Act[^f00023];

(v) an identity card issued in the European Economic Area;

(vi) a Senior SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;

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

(viii) a War Disabled SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;

(ix) a 60+ SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st October 2008;

(x) a Half Fare SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st April 2004;

(xi) a statutory declaration as to the applicant’s name and date of birth, or

(b) if the applicant is unable to provide a document listed in sub-paragraph (a), two of the following documents issued to or in respect of the applicant—

(i) a copy of the applicant’s birth certificate[^f00024];

(ii) a marriage certificate;

(iii) a certificate of civil partnership;

(iv) an adoption certificate;

(v) a driving licence other than a driving licence specified in sub-paragraph (a)(ii);

(vi) a firearms certificate issued under the Firearms (Northern Ireland) Order 2004[^f00025];

(vii) a certificate of naturalisation showing that the applicant has become a British citizen or Commonwealth citizen by virtue of naturalisation;

(viii) a document showing that the applicant has become a British citizen or Commonwealth citizen by virtue of registration;

(ix) a Form P45 or Form P60 issued to the applicant by their employer or former employer;

(x) a statement of benefits or entitlement to benefits under an enactment relating to social security, where the statement contains the applicant’s national insurance number.

(3) If the applicant is unable to provide a document listed in paragraph (2)(a) or two of the documents listed in paragraph (2)(b), the additional supporting material is an attestation which—

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

(b) meets the general attestation requirements in regulation 27ZH(1).

(4) In paragraph (1), “Crown Dependency” means the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man.

Regulation 25 supplementary: additional supporting material in relation to nationality

25B

(1) This regulation prescribes the additional supporting material which, for the purposes of sections 13BA(3) and 13BC of the 1983 Act, the registration officer may require in relation to the nationality of an applicant.

(2) The additional supporting material is a copy of, or, where the registration officer considers it appropriate, the original of—

(a) if the applicant is not seeking to be registered in pursuance of an overseas elector’s declaration, one of the following documents issued to or in respect of the applicant—

(i) a copy of the applicant’s birth certificate;

(ii) a certificate of naturalisation showing that the applicant has become a British citizen or Commonwealth citizen by virtue of naturalisation;

(iii) a document showing that the applicant has become a British citizen or Commonwealth citizen by virtue of registration;

(iv) a statutory declaration that the applicant is a British citizen, a qualifying Commonwealth citizen, a citizen of Ireland , a qualifying EU citizen or an EU citizen with retained rights;

(v) a passport issued by the Government of the United Kingdom, a member State or a Commonwealth country, or

(b) if the applicant is seeking to be registered in pursuance of an overseas elector’s declaration, one of the following documents issued to or in respect of the applicant—

(i) a copy of the applicant’s birth certificate;

(ii) a certificate of naturalisation showing that the applicant has become a British citizen by virtue of naturalisation;

(iii) a document showing that the applicant has become a British citizen by virtue of registration;

(iv) a statutory declaration that the applicant is—

(aa) a British citizen, or

(bb) an Irish citizen who was born in Northern Ireland and qualifies as a British citizen (whether or not the applicant identifies as such).

(3) If the applicant is unable to provide a document listed in paragraph (2)(a) or (b) (whichever is relevant), the additional supporting material is an attestation which—

(a) confirms that the nationality of the applicant is the nationality stated in the application, and

(b) meets the general attestation requirements in regulation 27ZH(1).

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

Regulation 25 supplementary: additional supporting material in relation to address claimed as qualifying address

25C

(1) This regulation prescribes the additional supporting material which, for the purposes of sections 13BA(3) and 13BC of the 1983 Act, the registration officer may require in relation to the address which an applicant claims as their qualifying address.

(2) The additional supporting material is a copy of, or, where the registration officer considers it appropriate, the original of any document which—

(a) is listed in paragraph (4), and

(b) bears—

(i) the full current or former name of the applicant, and

(ii) the address claimed as the qualifying address.

(3) Where the applicant is not seeking to be registered in pursuance of a service declaration, a declaration of local connection or an overseas elector’s declaration, the document referred to in paragraph (2) must have been issued within the period of three months ending with the date of application unless it is a driving licence.

(4) The documents are—

(a) a driving licence issued in the United Kingdom which—

(i) if the applicant is seeking to be registered in pursuance of a service declaration, a declaration of local connection or an overseas elector’s declaration, may be current or expired;

(ii) otherwise, must be current;

(b) a bill or statement of account issued by Land and Property Services (meaning that part of the Department of Finance in Northern Ireland known as Land and Property Services Executive Agency);

(d) a bank or building society passbook or statement, or a letter from a bank or building society, confirming that the applicant has opened an account with that bank or building society;

(e) a credit card statement;

(f) a bill or statement issued by a credit union within the meaning of article 2 of the Credit Unions (Northern Ireland) Order 1985[^f00028];

(g) a pension statement;

(h) an instrument of a court appointment, such as a grant of probate or letters of administration;

(i) a letter from His Majesty’s Revenue and Customs;

(j) a letter from a school, college, university or other educational institution which confirms the attendance of, or the offer of a place for, the applicant at that institution;

(k) a letter from Student Finance Northern Ireland;

(l) an official copy of the land registry entry for the address claimed as the qualifying address or other proof of title for that address;

(m) a solicitor’s letter confirming the purchase of, or confirmation of the land registry registration of, the address claimed as the qualifying address;

(n) a Form P45, Form P60, reference or payslip issued to the applicant by their employer or former employer;

(o) a letter from an insurance provider;

(p) a rent book issued by the Northern Ireland Housing Executive;

(q) a statement of benefits or entitlement to benefits under an enactment relating to social security;

(r) a letter from the Department for Communities in Northern Ireland confirming the applicant’s entitlement to a state pension;

(s) a letter from the Office of Care and Protection, confirming the registration of a lasting power of attorney.

(5) If the applicant is unable to provide a document which meets the requirements of paragraph (2) and (if relevant) paragraph (3), the additional supporting material is an attestation which—

(a) confirms the basis on which the applicant is entitled to be registered in respect of the address claimed as their qualifying address, and

(b) meets the general attestation requirements in regulation 27ZH(1).

(6) If the applicant’s name in a document provided in accordance with paragraph (2) is different from the applicant’s name in their application, the additional supporting material also includes—

(a) an explanation as to the difference in name, and

(b) evidence confirming the change of the applicant’s name.

Reminders to electors registered in pursuance of a service declaration or declaration of local connection

Reminders to persons who have an anonymous entry

Applications for registration

Overseas electors: power to require additional evidence where applicant under 18 when last resident in the United Kingdom

27ZA

(1) This regulation applies where—

(a) a person has made an application to be registered in pursuance of an overseas elector’s declaration,

(b) the applicant has indicated that they were under the age of 18 years on the last day on which they were resident in the United Kingdom, and

(c) the registration officer considers that additional evidence is necessary to be satisfied that the applicant was resident at the address claimed as their qualifying address on that day.

(2) The registration officer may require the applicant to provide—

(a) the full name of a parent or guardian of the applicant who was resident at the address claimed as the qualifying address on the last day on which the applicant was resident in the United Kingdom, and

(b) an indication as to whether the parent or guardian was registered in the register in respect of that address on that day.

(3) Where the information provided in accordance with paragraph (2) is in relation to a parent, the applicant must also provide a copy of the applicant’s birth certificate showing the full name of that parent and the applicant’s date of birth.

(4) Where the information provided in accordance with paragraph (2) is in relation to a guardian, the registration officer may require the applicant to provide such documentary evidence as the registration officer considers appropriate confirming that the person named was a guardian of the applicant.

Overseas electors: power to require additional evidence of previous residence

27ZB

(1) This regulation applies where—

(a) a person has made an application to be registered in pursuance of an overseas elector’s declaration, and

(b) the registration officer considers that additional evidence is necessary to be satisfied that the applicant satisfies the previous registration condition or the previous residence condition (whichever is relevant).

(2) The registration officer may require the applicant to provide a copy of, or, where the registration officer considers it appropriate, the original of, any document which—

(a) bears the full current or previous name of the applicant, and

(b) bears the address claimed as the qualifying address.

(3) A document which meets the requirements of paragraph (2) and is listed in paragraph (5) is deemed to provide conclusive evidence that the applicant satisfies the previous registration condition or the previous residence condition (whichever is relevant).

(4) But the deeming provision in paragraph (3) only applies in the case of a document bearing the previous name of the applicant where the registration officer is satisfied as to the applicant’s change in name (see further, regulation 27ZG).

(5) The documents are—

(a) a driving licence (current or expired) issued in the United Kingdom;

(b) a bill or statement of account issued by Land and Property Services (meaning that part of the Department of Finance in Northern Ireland known as Land and Property Services Executive Agency);

(d) a bank or building society passbook or statement, or a letter from a bank or building society, confirming that the applicant has opened an account with that bank or building society;

(e) a credit card statement;

(f) a bill or statement issued by a credit union within the meaning of article 2 of the Credit Unions (Northern Ireland) Order 1985;

(g) a pension statement;

(h) an instrument of a court appointment, such as a grant of probate or letters of administration;

(i) a letter from His Majesty’s Revenue and Customs;

(j) a letter from a school, college, university or other educational institution which confirms the attendance of, or the offer of a place for, the applicant at that institution;

(k) a letter from Student Finance Northern Ireland;

(l) an official copy of the land registry entry for the address claimed as the qualifying address or other proof of title for that address;

(m) a solicitor’s letter confirming the purchase of, or confirmation of the land registry registration of, the address claimed as the qualifying address;

(n) a Form P45, Form P60, reference or payslip issued to the applicant by their employer or former employer;

(o) a letter from an insurance provider;

(p) a rent book issued by the Northern Ireland Housing Executive;

(q) a statement of benefits or entitlement to benefits under an enactment relating to social security;

(r) a letter from the Department for Communities in Northern Ireland confirming the applicant’s entitlement to a state pension;

(s) a letter from the Office of Care and Protection in Northern Ireland, confirming the registration of a lasting power of attorney.

(6) If the applicant is unable to provide a document which meets the requirements of paragraph (2), or if the evidence provided in accordance with this regulation is not sufficient for the registration officer to determine that the applicant satisfies the previous registration condition or the previous residence condition (whichever is relevant), the registration officer may proceed under regulations 27ZC to 27ZF (so far as relevant).

Overseas electors: power to require attestation as to applicant’s previous residence at address claimed as qualifying address

27ZC

(1) This regulation applies where—

(a) the registration officer is permitted by regulation 27ZB(6) to proceed under this regulation, and

(b) the registration officer considers that additional evidence is necessary to be satisfied that the applicant was resident at the address claimed as the qualifying address.

(2) The registration officer may require the applicant to provide an attestation which—

(a) confirms that the applicant was resident at the address claimed as the qualifying address,

(b) indicates the dates between which, to the best of the attestor’s knowledge, the applicant was resident at that address, and

Overseas electors: power to require additional evidence as to previous registration in pursuance of a service declaration, residence as a merchant seaman or an overseas elector’s declaration

27ZD

(1) This regulation applies where—

(a) the registration officer is permitted by regulation 27ZB(6) to proceed under this regulation,

(b) the application is made in reliance on the previous registration condition,

(i) their previous registration, or their last registration in the register otherwise than as an overseas elector, was in pursuance of a service declaration, or

(ii) their previous registration, or their last registration in the register otherwise than as an overseas elector, was in pursuance of residence determined in accordance with section 6 of the 1983 Act (residence: merchant seamen)[^f00033], and

(d) the registration officer considers that additional evidence is necessary to be satisfied that the applicant was previously registered in respect of the address claimed as the qualifying address.

(2) The registration officer may require the applicant to provide either or both of the following—

(a) a copy of, or, where the registration officer considers it appropriate, the original of, any document which—

(i) bears the full current or previous name of the applicant, and

(ii) confirms that the applicant met the registration status requirement in paragraph (3);

(b) an attestation which—

(i) confirms the basis on which the applicant met the registration status requirement in paragraph (3),

(ii) indicates the dates between which, to the best of the attestor’s knowledge, the applicant met the requirement, and

(iii) meets the general attestation requirements in regulation 27ZH(1).

(3) The registration status requirement is that the applicant—

(a) where paragraph (1)(c)(i) applies, had a service qualification, or

(b) where paragraph (1)(c)(ii) applies, was a merchant seaman within the meaning of section 6 of the 1983 Act.

(4) Paragraph (5) applies where the applicant indicates that they were eligible to make a service declaration because they were the spouse or civil partner of a person (“D”) mentioned in section 14(1)(a), (b) or (c) of the 1983 Act[^f00034].

(5) In addition to or instead of requiring evidence in accordance with paragraph (2)(a), the registration officer may require the applicant to provide the registration officer with a copy of, or, where the registration officer considers it appropriate, the original of, either of both of the following—

(a) a document which—

(i) bears D’s full current or previous name, and

(ii) confirms D’s service qualification under section 14(1) of the 1983 Act;

(b) a document which—

(i) bears D’s full current or previous name, and

(ii) confirms that D was, at the time the document was issued, the applicant’s spouse or civil partner.

(6) In this regulation—

“previous registration” means the registration referred to in section 1A(2)(a) of the 1985 Act;

“service qualification” has the same meaning as in section 14(1) of the 1983 Act.

Overseas electors: power to require additional evidence as to declaration of local connection

27ZE

(1) This regulation applies where—

(a) the registration officer is permitted by regulation 27ZB(6) to proceed under this regulation,

(b) the application is made in reliance on the previous registration condition,

(c) the applicant has indicated that their previous registration, or their last registration in the register otherwise than as an overseas elector, was in pursuance of a declaration of local connection, and

(d) the registration officer considers that additional evidence is necessary to be satisfied that the applicant was previously registered in respect of the address claimed as the qualifying address.

(2) This regulation also applies where—

(a) the registration officer is permitted by regulation 27ZB(6) to proceed under this regulation,

(b) the application is made in reliance on section 1A(3)(b)(ii) of the 1985 Act (previous residence condition: declaration of local connection), and

(c) the registration officer considers that additional evidence is necessary to be satisfied that, on the last day on which the applicant was resident in the United Kingdom, the applicant could have made a declaration of local connection.

(3) The registration officer may require the applicant to provide either or both of the following—

(a) a copy of, or, where the registration officer considers it necessary, the original of, any document which—

(i) bears the full current or previous name of the applicant, and

(ii) confirms that section 7B of the 1983 Act (notional residence: declarations of local connection) applied to the applicant on the last day on which the applicant was resident in the United Kingdom;

(b) an attestation which—

(i) confirms the basis on which the applicant met the local connection requirement,

(ii) indicates the dates between which, to the best of the attestor’s knowledge, the applicant met the local connection requirement, and

(iii) meets the general attestation requirements in regulation 27ZH(1).

(4) The local connection requirement is that—

(a) where it is indicated that section 7B(2)(a) of the 1983 Act applied to the applicant on the last day on which the applicant was resident in the United Kingdom—

(i) the applicant was a patient in a mental hospital, and

(ii) section 3A of the 1983 Act (disenfranchisement of offenders detained in mental hospitals)[^f00035] and section 7A of the 1983 Act (residence: persons remanded in custody etc.)[^f00036] did not apply to the applicant;

(b) where it is indicated that section 7B(2)(b) of the 1983 Act applied to the applicant on the last day on which the applicant was resident in the United Kingdom—

(i) the applicant was detained at any place pursuant to a relevant order or direction, and

(ii) the applicant was so detained otherwise than after being convicted of any offence or a finding in criminal proceedings that the applicant did the act or made the omission charged;

(c) where it is indicated that section 7B(2)(c) of the 1983 Act applied to the applicant on the last day on which the applicant was resident in the United Kingdom, the applicant was—

(i) a homeless person, and

(ii) not in legal custody.

(5) For the purposes of paragraph (4), it is to be assumed that—

(a) sections 3A and 7A of the 1983 Act were in force at any relevant time, and

(b) section 7B of the 1983 Act was in force on the last day on which the applicant was resident in the United Kingdom.

(6) In this regulation—

“homeless person” has the same meaning as in section 7B(2)(c) of the 1983 Act;

“previous registration” means the registration referred to in section 1A(2)(a) of the 1985 Act;

“a relevant order or direction” has the same meaning as in section 7A(6) of the 1983 Act.

Overseas electors: power to require attestation as to applicant’s connection to address claimed as qualifying address

27ZF

(1) This regulation applies where—

(a) the registration officer is permitted by regulation 27ZB(6) to proceed under this regulation,

(b) regulation 27ZD(1)(c) or 27ZE(1)(c) or (2)(b) applies, and

(c) the registration officer considers that additional evidence is necessary to be satisfied that the applicant has a previous connection to the address claimed as the qualifying address.

(2) The registration officer may require the applicant to provide an attestation which—

(a) confirms the basis on which the applicant met the qualifying address connection requirement,

(b) indicates the dates between which, to the best of the attestor’s knowledge, the applicant met the requirement, and

(3) The qualifying address connection requirement is—

(a) where the applicant claims that they had a service qualification, that the applicant would have been residing at the address claimed as the qualifying address but for the applicant’s service qualification;

(b) where the applicant claims that they were a merchant seaman, that the applicant—

(i) would have been residing at the address claimed as the qualifying address but for the applicant’s occupation as a merchant seaman, or

(ii) commonly stayed at the address claimed as the qualifying address, which was a hotel or club providing accommodation for merchant seamen, during the course of the applicant’s occupation as a merchant seaman;

(c) where the applicant claims that they were a patient in a mental hospital or detained, that the applicant would have been residing at the address claimed as the qualifying address if the applicant had not been a patient or detained;

(d) where the applicant claims that they were a homeless person, that the address claimed as the qualifying address was, or was nearest to, a place in the United Kingdom where the applicant commonly spent a substantial part of the applicant’s time (whether during the day or at night).

(4) An attestation provided in accordance with this regulation may be combined with an attestation provided in accordance with regulation 27ZD(2)(b) or regulation 27ZE(3)(b) where the attestor for each attestation is the same.

(5) In this regulation—

“merchant seaman” has the same meaning as in section 6 of the 1983 Act;

“service qualification” has the same meaning as in section 14(1) of the 1983 Act.

Overseas electors: power to require additional evidence as to change of name

27ZG

(1) This regulation applies where—

(a) a person has made an application to be registered in pursuance of an overseas elector’s declaration, and

(b) any of conditions A to D are met.

(2) Condition A is that the applicant has indicated in their declaration that their name has changed since they were last included in the register or since the last day on which they were resident in the United Kingdom.

(3) Condition B is that—

(a) the applicant has provided a document in accordance with regulation 27ZA(3) or (4), 27ZB(2), 27ZD(2)(a) or 27ZE(3)(a), and

(b) the applicant’s name in that document is different from both the applicant’s name in the applicant’s declaration and any name provided in accordance with regulation 20(2)(a)(ii)(aa) or (3)(a)(ii)(aa).

(4) Condition C is that—

(a) the applicant has provided the name of a parent or guardian in accordance with regulation 27ZA(2)(a), and

(b) the name provided is different from the name of the parent or guardian as it appears on—

(i) the register, or

(ii) a document provided in accordance with regulation 27ZA(3) or (4).

(5) Condition D is that—

(a) the applicant has provided a document in accordance with regulation 27ZD(5)(a) and a document in accordance with regulation 27ZD(5)(b), and

(b) the name of the applicant’s spouse or civil partner in each of those documents is different.

(6) The registration officer may require the applicant to provide—

(a) if Condition A is met, such evidence confirming the change of the applicant’s name as the registration officer considers appropriate, except that the registration officer must require more than an explanation as to the difference in name;

(b) if Condition B is met—

(i) an explanation as to the difference in name, or

(ii) such other evidence confirming the change of the applicant’s name as the registration officer considers appropriate, and

(i) an explanation as to the difference in name, or

(ii) where the applicant does not know the reason for the difference, a statement to that effect.

(7) Where the applicant provides a copy of a document in accordance with paragraph (6)(a) or (b)(ii), the registration officer may, if the registration officer considers it appropriate, require the applicant to provide the original document.

Attestations: general requirements

27ZH

(1) For the purposes of regulations 25A to 25C and 27ZC to 27ZF, the general attestation requirements are that the attestation must—

(a) be in writing,

(b) be made by a qualifying attestor,

(d) state the address in respect of which the qualifying attestor is registered as an elector,

(e) state—

(i) where the qualifying attestor is registered in pursuance of an overseas elector’s declaration, the number of the qualifying attestor’s British or Irish passport together with its date and place of issue;

(ii) otherwise—

(aa) where the qualifying attestor is registered in respect of an address in Northern Ireland and has been allocated a digital registration number in accordance with section 10B of the 1983 Act (register of electors in Northern Ireland: digital registration number)[^f00037], that digital registration number;

(bb) in all other cases, the qualifying attestor’s electoral number,

(f) if the attestation is required in connection with an application to be registered in pursuance of an overseas elector's declaration, provide an explanation as to the qualifying attestor’s ability to provide the information required about the applicant, including (but not limited to) the qualifying attestor’s connection to the applicant and the length of time that the connection has existed,

(g) state the name under which the qualifying attestor is registered in a register of parliamentary or local electors if their name has changed since the entry on the register was made,

(h) state that the qualifying attestor is aware of the penalty for providing false information to a registration officer,

(i) include a statement which confirms that all of the information provided in the attestation is true, and

(j) be signed and dated by the qualifying attestor.

(2) In this regulation, “qualifying attestor” has the meaning given in regulation 27ZI(1).

Meaning of qualifying attestor

27ZI

(1) A “qualifying attestor” is a person (“P”) who—

(a) is aged 18 years or over,

(b) is registered in a register of parliamentary or local government electors,

(d) except where P is registered in pursuance of an overseas elector’s declaration, is a person whom the registration officer is satisfied is of good standing in the community, and

(e) meets the requirements of paragraph (2).

(2) P meets the requirements of this paragraph where—

(a) if the attestation required is an attestation in accordance with regulation 25A(3), P has not already signed attestations to which paragraph (3) applies for two applicants since the relevant date;

(b) if the attestation required is an attestation in accordance with regulation 25B(3), P has not already signed attestations in accordance with that regulation for two applicants since the relevant date;

(c) if the attestation required is an attestation in accordance with regulation 25C(5), 27ZC(2), 27ZD(2)(b), 27ZE(3)(b) or 27ZF(2), P has not already signed attestations to which paragraph (4) applies for two applicants since the relevant date.

(3) This paragraph applies to an attestation made in accordance with any of the following provisions—

(a) regulation 25A(3);

(b) regulations 26B(6) and (6ZA) and 56C(5A) and (6) of the Representation of the People (England and Wales) Regulations 2001[^f00038];

(c) regulations 26B(6) and (6ZA) and 56C(5A) and (6) of the Representation of the People (Scotland) Regulations 2001[^f00039];

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