Explanatory note

These Regulations amend enactments relating to voter registration in Northern Ireland and the retention of and access to marked registers for a recall petition in Northern Ireland under the Recall of MPs Act 2015.

Part 2 amends the Representation of the People Act 1983 (c. 2) (the “1983 Act”) and the Representation of the People Act 1985 (c. 50) (the “1985 Act”).

Regulations 3 to 7 amend the 1983 Act to make provision for canvass to be conducted digitally in Northern Ireland. Regulation 3 amends the steps the Chief Electoral Officer for Northern Ireland is required to take as part of a canvass. These are amended so as to require the Chief Electoral Officer to send instructions detailing the process for digitally responding to the canvass to any addresses in Northern Ireland and send canvass forms to any non-responding people registered in Northern Ireland. Regulation 4 removes the requirement that a canvass form must include the signature of the person responding where that form is submitted digitally. Regulation 5 confers functions relating to the receipt and transmission of digital canvass forms on the Minister of the Crown responsible for the UK digital service. Regulation 6 provides that where a person digitally submits a canvass form and that person is to be treated as having made an application for registration (by virtue of section 10A(2) of the 1983 Act) the person shall be treated as having made an application for registration through the UK digital service. Regulation 7 provides for the issue of digital registration numbers (“DRNs”) to persons who digitally submit an application for registration or a canvass form. It also provides for the notification of DRNs to all persons who have a DRN and digitally submit an application for registration or a canvass form.

Regulations 9 and 10 amend the definition of “digitally registered” in the provisions of the 1985 Act dealing with absent voting in Parliamentary elections so the definition includes certain individuals who have digitally submitted canvass forms.

Part 3 amends other enactments relating to Northern Ireland elections.

Regulation 11 amends the definition of “digitally registered” in the provisions of the Local Elections (Northern Ireland) Order 1985 dealing with absent voting in Northern Ireland local elections so the definition includes certain individuals who have digitally submitted canvass forms.

Regulation 12 amends the Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741) (the “2008 Regulations”). Regulation 12(2) and (3) amend regulations 27A (retention of information in connection with an application for registration) and 42A (verification of information provided in an application for registration) of the 2008 Regulations so that they apply to completed canvass forms. Regulation 12(4) reduces the period for which the Chief Electoral Officer for Northern Ireland is authorised to retain certain electoral register entries following the conclusion of a canvass from three years to two.

Regulation 13 amends the Recall of MPs Act 2015 (Recall Petition) Regulations 2016 (S.I. 2016/295) (the “2016 Regulations”). The amendments made by Regulation 13(2) provide that the Chief Electoral Officer must retain, for a year, all marked copies and lists to which regulation 44(2) of the 2016 Regulations applies. Regulation 13(3) and (4) amend the definition of “digitally registered” in the provisions of the 2016 Regulations dealing with absent voting in recall petitions in Northern Ireland so the definition includes certain individuals who have digitally submitted canvass forms. Regulation 13(5) amends Schedule 3 to the 2016 Regulations (access to marked registers after a petition) so that it extends to the marked register or lists retained by the Chief Electoral Officer for Northern Ireland.

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