{
  "url": "https://openlegislation.uk/business-improvement-districts-general-regulations-northern-ireland-2014/regulation-8",
  "json_url": "https://openlegislation.uk/business-improvement-districts-general-regulations-northern-ireland-2014/regulation-8.json",
  "legislation": "nisr/2014/143",
  "legislation_title": "The Business Improvement Districts (General) Regulations (Northern Ireland) 2014",
  "legislation_url": "https://openlegislation.uk/business-improvement-districts-general-regulations-northern-ireland-2014",
  "path": "regulation/8",
  "kind": "regulation",
  "number": "8",
  "heading": "Declaring a ballot void",
  "text": "(1) Subject to paragraph (3), the Department may declare void a BID ballot, renewal ballot, alteration ballot or re-ballot if it appears to it that a material irregularity has occurred.\n(2) In this Regulation, “material irregularity” means–\n(a) a contravention of any requirement of these Regulations which, in the opinion of the Department, means it is likely that voting in the BID ballot, renewal ballot, alteration ballot or re-ballot, as the case may be, has been affected to a significant extent by the contravention;\n(b) persons other than persons entitled to vote have purported to vote in the BID ballot and, in the opinion of the Department, it is likely that the result of the BID ballot, renewal ballot, alteration ballot or re-ballot, as the case may be, has been affected to a significant extent;\n(c) persons entitled to vote have been prevented from voting or hindered from doing so freely in accordance with their own opinion and , in the opinion of the Department, it is likely that the result of the BID ballot, renewal ballot, alteration ballot or re-ballot, as the case may be, has been affected to a significant extent;\n(d) that, in the opinion of the Department, there has been fraudulent activity in the conduct of the ballot;\n(e) that, in the opinion of the Department, significant errors have been made in the matters to be included in the BID proposals as specified in Schedule 1;\n(f) that, in the opinion of the Department, there has been significant change in local circumstances; or\n(g) that, in the opinion of the Department, inadequate guidance or information has been provided to enable those eligible to vote in the BID ballot, renewal ballot, alteration ballot or re-ballot (as the case may be) to vote.\n(3) Paragraph (1) shall not apply unless, by the date which is 28 days after the notice of the result is published pursuant to paragraph 17 of Schedule 2, a person (“the complainant”), being a person or group of persons referred to in paragraph (4), has made a request (by notice given in writing) to the Department to exercise its powers under this regulation, specifying the reason for such a request.\n(4) The persons mentioned in paragraph (3) are–\n(a) the BID proposer or the BID body;\n(b) at least 5 per cent of the number of persons entitled to vote in the BID ballot, renewal ballot, alteration or re-ballot, as the case may be; or\n(c) the district council.\n(5) On receipt of a request under paragraph (3), the Department shall notify the complainant, the district council, and the BID proposer or the BID body, in writing that it has received the request, and send a copy to each of them.\n(6) Where two or more requests relate to the same ballot, the Department may decide those requests together.\n(7) Within 28 days of the date of the notice given by the Department under paragraph (5), the complainant, the district council, and the BID proposer or the BID body, may serve on the Department written representations in respect of the request.\n(8) A copy of the representations made by one party shall be sent by the Department to the other parties and shall be accompanied by a statement explaining the effect of paragraph (9).\n(9) Any party to whom a copy of representations is sent under paragraph (8) may within 14 days of receiving them serve on the Department written representations in reply and the Department shall send a copy of any such representations to the other parties.\n(10) The Department shall notify the complainant, the district council, and the BID proposer or the BID body, in writing of their decision and where they declare void a BID ballot, renewal ballot, alteration ballot or re-ballot, they shall notify the district council in writing requiring it to arrange for a re-ballot or, as the case may be, a further re-ballot to be held.\n(11) Where the Department declare void a BID ballot, renewal ballot, alteration ballot or a re-ballot in relation to such a ballot and it is of the opinion that the material irregularity was caused by the actions or omissions of the BID proposer or BID body, it shall issue a notice in writing to that effect with its decision notice, and it shall include in the notice an explanation of the effect of this regulation.\n(12) Where the Department declares void a BID ballot, renewal ballot, alteration ballot or a re-ballot in relation to such a ballot–\n(a) the BID arrangements, the renewed BID arrangements or the alterations to the BID arrangements, to which the ballot declared void relates, shall not come into force on the commencement date; and\n(b) subject to paragraph (13), the BID arrangements, the renewed BID arrangements or the alterations to the BID arrangements, if subsequently approved in the re-ballot, shall come into force on such day as the district council determines.\n(13) The day determined under paragraph (12) shall be no later than a year after the date of the publication of the notice of the result pursuant to paragraph 17 of Schedule 2.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2014/143/regulation/8",
    "retrieved_at": "2026-10-29T01:06:51.529882+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}