The Representation of the People (Franchise Amendment and Eligibility Review) (Northern Ireland) Regulations 2023

Made: 30th October 2023

Coming into force in accordance with regulation 1(2)

A draft of these Regulations has been laid before and approved by a resolution of each House of Parliament in accordance with section 201(2) of the Representation of the People Act 1983[^f00003].

PART 1 — Introduction

Citation, commencement, extent and savings

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• (1) These Regulations may be cited as the Representation of the People (Franchise Amendment and Eligibility Review) (Northern Ireland) Regulations 2023.

• (2) This regulation comes into force on the day after the day on which these Regulations are made and the remainder of these Regulations come into force on 7th May 2024.

• (3) These Regulations extend to Northern Ireland only.

• (4) The amendments made by regulations 18 and 19 do not apply to an application under section 10A(1)(a) or 13A(1)(a)[^f00004] of the 1983 Act made before 7th May 2024.

Interpretation: general

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In these Regulations—

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

• “2008 Regulations” means the Representation of the People (Northern Ireland) Regulations 2008[^f00005];

• “Chief Electoral Officer” means the Chief Electoral Officer for Northern Ireland.

PART 2 — Review of registration entitlement of relevant citizens of the Union in Northern Ireland

CHAPTER 1 — Interpretation

Interpretation of Part 2

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In this Part—

• “notification of possible removal” has the meaning given by regulation 8(2);

• “relevant person” means a relevant citizen of the Union[^f00006] (“C”) who meets either of the following conditions— that, on the coming into force of this Part, C— is registered in a register of local electors in Northern Ireland, or is a person whom the Chief Electoral Officer is required to enter in such a register in accordance with section 13A of the 1983 Act, or that C has submitted an application under section 13A(1)(a) of the 1983 Act for registration in a register of local electors before the coming into force of this Part, and that application is granted on or after the coming into force of this Part;“revised registration criteria” means the criteria for registration set out in section 4(3)(c) of the 1983 Act[^f00007].

Meaning of “address” in specified circumstances

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• (1) This regulation applies where a relevant person is registered pursuant to—

• (a) a declaration of local connection under section 7B of the 1983 Act[^f00008],

• (b) an application for anonymous entry under section 9B[^f00009] of the 1983 Act, or

• (c) a service declaration[^f00010].

• (2) Where this regulation applies, references in this Part to the relevant person’s address are to—

• (a) for a person who has made a declaration of local connection, the address stated by the person in that declaration pursuant to section 7B(3)(a)(i) of the 1983 Act, or the address of the Chief Electoral Officer’s office (as the case may be);

• (b) for a person who is registered pursuant to an application for anonymous entry, the address given pursuant to regulation 27(1)(b) or 38A(6) of the 2008 Regulations (as the case may be);

• (c) for a person who is registered pursuant to a service declaration, the address stated in the service declaration.

CHAPTER 2 — Review of registration entitlement of relevant citizens of the Union in Northern Ireland

Duty to determine whether relevant citizens of the Union satisfy the revised registration criteria

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• (1) The Chief Electoral Officer must, in accordance with regulations 6 to 14, determine in the case of each relevant person whether the person satisfies the revised registration criteria.

• (2) Subject to paragraphs (3) and (4), the Chief Electoral Officer must make the determination by the end of 31st January 2025.

• (3) Paragraph (2) does not apply where at the end of 31st January 2025—

• (a) the Chief Electoral Officer has requested information from a relevant person under regulation 10, and the date for response specified in that request has not yet passed,

• (b) the 14-day period within which the relevant person may require a review hearing following notification from the Chief Electoral Officer pursuant to regulation 12 has not yet expired, or

• (c) the relevant person has required a hearing pursuant to regulation 12(4), and—

• (i) the review has not yet been heard, or

• (ii) the review has been heard but the subject of the review has not been notified of the outcome of the review,

and in consequence the Chief Electoral Officer has not made a determination.

• (4) Where paragraph (3) applies, the Chief Electoral Officer must make the determination specified in paragraph (1) as soon as reasonably practicable after 31st January 2025.

• (5) Nothing in this Chapter prevents the Chief Electoral Officer from reviewing the eligibility of a relevant person to be or to remain registered in accordance with section 10A of the 1983 Act for reasons other than that they are a relevant person.

Procedure for reviewing entitlement to registration – data-based review

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• (1) The Chief Electoral Officer must in the case of each relevant person conduct a review to determine whether they continue to be a person who satisfies the revised registration criteria.

• (2) As part of a review under paragraph (1), the Chief Electoral Officer may consider (amongst other things) any information provided in accordance with regulation 27(1)(caa)[^f00011] of the 2008 Regulations as part of an application received from a relevant person pursuant to section 13A(1)(a) of the 1983 Act.

Procedure for reviewing entitlement to registration – correspondence-based review

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• (1) Subject to paragraph (2), where the Chief Electoral Officer is not satisfied following a review under regulation 6 that a relevant person satisfies the revised registration criteria, the Chief Electoral Officer must—

• (a) give notice to that person containing the information specified at paragraph (3) (a “first review notice”), and

• (b) enter the review in the list kept pursuant to regulation 37 of the 2008 Regulations.

• (2) Where the relevant person is registered pursuant to—

• (a) a declaration of local connection under section 7B of the 1983 Act,

• (b) an application for anonymous entry under section 9B of the 1983 Act, or

• (c) a service declaration,

and the date on which the relevant person’s entitlement to remain registered under (as the case may be) section 7C, 9C or 15 of the 1983 Act[^f00012] expires is before the end of 31st January 2025, paragraph (1) is to be read as if for “must” there were substituted “may”.

• (3) A first review notice must—

• (a) explain that the criteria under section 4(3) to (6) of the 1983 Act by which a citizen of a member State is eligible to be registered in the register of local electors have changed,

• (b) state that the Chief Electoral Officer is not satisfied that the relevant person remains entitled to be registered, and the grounds for the Chief Electoral Officer’s opinion,

• (c) specify any further information relating to whether that person satisfies the revised registration criteria that the Chief Electoral Officer requests the relevant person to provide,

• (d) provide information on how the relevant person may respond to the request for information, and

• (e) state that it is an offence to provide false information to the Chief Electoral Officer, and the maximum penalty for that offence.

• (4) Paragraph (5) applies where—

• (a) the Chief Electoral Officer gives a first review notice to a relevant person, and

• (b) that person does not respond within a reasonable time from the date on which that notice is given.

• (5) The Chief Electoral Officer must give a further notice to the relevant person, setting out the same information as at paragraph (3) (a “second review notice”).

• (6) Subject to paragraph (7), a first or second review notice may be given to a relevant person either—

• (a) by sending it to the person’s address, or

• (b) by electronic means.

• (7) Where the first review notice was given to a relevant person by electronic means, the second review notice must be sent to the person’s address.

• (8) The Chief Electoral Officer may contact the relevant person, either by telephone or by visiting the address to which a first or second review notice was delivered, in order to—

• (a) obtain information requested in the notice, or

• (b) encourage the relevant person to provide the information requested.

Notification of possible removal in the event of non-response

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• (1) Paragraph (2) applies where—

• (a) the Chief Electoral Officer has given a second review notice to a relevant person, and

• (b) the relevant person has not responded within a reasonable time from the date on which that notice was given.

• (2) The Chief Electoral Officer must send a notice to the relevant person (a “notification of possible removal”) which must—

• (a) include the information set out in regulation 7(3),

• (b) state the date of issue of the notice, and

• (c) state that if within 14 days beginning with the date of issue the Chief Electoral Officer has not received the information requested—

• (i) the Chief Electoral Officer may determine the review and remove the person’s entry from the register, and

• (ii) the relevant person would not be entitled to appeal against the Chief Electoral Officer’s determination.

• (3) A notification of possible removal must be delivered to the relevant person by paper communication to the person’s address, accompanied by a pre-addressed reply envelope, return postage of which must be prepaid.

Requirement to attempt personal contact with relevant person

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• (1) This regulation applies where—

• (a) the Chief Electoral Officer has issued a notification of possible removal to a relevant person,

• (b) the relevant person is not registered pursuant to—

• (i) a declaration of local connection under section 7B of the 1983 Act,

• (ii) an application for anonymous entry under section 9B of the 1983 Act, or

• (iii) a service declaration,

• (c) the relevant person has not responded to the notification of possible removal, and

• (d) the Chief Electoral Officer has not previously attempted to contact the relevant person by telephone or by visiting the address.

• (2) Where this regulation applies, within 7 days beginning with the date of issue of the notification of possible removal, the Chief Electoral Officer must attempt to contact the relevant person, either by telephone or by visiting the address, in order to—

• (a) obtain information requested in the notification, or

• (b) encourage the relevant person to provide the information requested.

• (3) Where this regulation applies, the Chief Electoral Officer must not determine that the relevant person has ceased to satisfy the registration criteria before that Officer has attempted to contact the relevant person in accordance with paragraph (2).

• (4) In this regulation, the “address” means the address to which the first or second review notice under regulation 7(1) or (5) was delivered.

Request for further information

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• (1) Paragraph (2) applies where—

• (a) the Chief Electoral Officer has sent a first or second review notice or notification of possible removal to the relevant person, and

• (b) the relevant person has responded.

• (2) If the Chief Electoral Officer requests further information from the relevant person for the purposes of the determination under regulation 5(1), the request must state that if by a specified date that is a reasonable time after the request was issued the Chief Electoral Officer has not received the information requested—

• (a) the Chief Electoral Officer may determine the review and remove the person’s entry from the register, and

• (b) the relevant person would not be entitled to appeal against the Chief Electoral Officer’s determination.

Confirmation of continued registration following review

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• (1) Where, in accordance with this Chapter, the Chief Electoral Officer determines that a relevant person satisfies the revised registration criteria, the Chief Electoral Officer must—

• (a) send a confirmation notice to that person in accordance with paragraph (2), and

• (b) mark that person’s name in accordance with regulation 51(3A) of the 2008 Regulations[^f00013].

• (2) A confirmation notice under paragraph (1) must—

• (a) be sent to the person’s address, or by electronic means,

• (b) state that the criteria under section 4(3) to (6) of the 1983 Act by which a citizen of a member State is eligible to be registered in the register of local electors have changed, and

• (c) state that the Chief Electoral Officer has determined that the relevant person satisfies those criteria.

Procedure for removal following response to communications

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• (1) This regulation applies where—

• (a) a relevant person has responded to a notice, notification or request under regulations 7 to 10 or has provided requested information in response to the Chief Electoral Officer making contact with that person, and

• (b) the Chief Electoral Officer is not satisfied that the relevant person satisfies the revised registration criteria.

• (2) The Chief Electoral Officer must send a notice to the relevant person’s address, which must—

• (a) state the date of issue of the notice,

• (b) advise that the criteria under section 4(3) to (6) of the 1983 Act by which a citizen of a member State is eligible to be registered in the register of local electors have changed,

• (c) state that the Chief Electoral Officer is of the opinion that the relevant person does not satisfy the revised registration criteria, and the grounds for the Chief Electoral Officer’s opinion,

• (d) state that if the relevant person does not within 14 days beginning with the date of issue notify the Chief Electoral Officer that the relevant person requires a review hearing—

• (i) the Chief Electoral Officer may determine the review and remove the relevant person’s entry from the register, and

• (ii) the relevant person would not be entitled to appeal against the Chief Electoral Officer’s determination in those circumstances, and

• (e) state that after 14 days beginning with the date of issue, the relevant person can contact the Chief Electoral Officer to find out if the Chief Electoral Officer has removed the relevant person’s entry from the register.

• (3) Subject to paragraph (4), where the Chief Electoral Officer has delivered the notice under paragraph (2), that Officer may determine that the relevant person does not satisfy the revised registration criteria and (if such a determination is made) remove the relevant person’s entry from the register.