Explanatory note

These Regulations amend the Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741) (“the 2008 Regulations”) and the Representation of the People Act 1983 (c. 2) (“the 1983 Act”).

Regulation 3 inserts the “retained register entry” and “retained elector” definitions in regulation 3(1) of the 2008 Regulations. A “retained elector” is a person who has not responded to the most recent canvass but whose register entry has been retained under regulation 46B of the 2008 Regulations, except for persons who have a pending registration application and persons in respect of whom the registration officer has made or intends to make determination under section 10A(5)(b) of the 1983 Act.

Regulation 4 amends regulation 35 of the 2008 Regulations, which permits the registration officer to make, in specified circumstances, the determination specified in regulation 34(2)(b)(ii) without following the regulation 36 to 38 procedure. Regulation 4(1)(a) corrects an error by substituting regulation 35(2)(b), specifying as a circumstance notification by another registration officer that an elector has indicated that they no longer claim to be entitled to be entered in the register in respect of an address in Northern Ireland. Regulation 4(1)(b) specifies a circumstance by reference to the residence audit and regulation 4(2) inserts a definition of “residence audit” in regulation 35(3).

Regulation 5 amends regulation 46B of the 2008 Regulations, extending the relevant period (the period for which the registration officer is authorised to retain certain register entries following a canvass) from three to six years.

Regulation 6 inserts new regulations 46C, 46D and 46E in the 2008 Regulations, which require the registration officer to keep under review and communicate with retained electors during the relevant period. Regulation 46C provides for a residence audit (which involves the registration officer considering information relating to the residence of retained electors) and sets out the steps to be followed where, as a consequence of a residence audit, the registration officer is not satisfied that an elector is resident at the address in respect of which they are entered in the register. Regulation 46D provides for a notice to be sent to households in respect of which retained electors are entered in the register in the fourth and fifth calendar years following the canvass year. Regulation 46E provides for three further notices which may be sent in the sixth calendar year following the canvass year (but prior to the end of the relevant period). At the end of the relevant period (and after the 28-day period set out in the “final year removal notice”), the registration officer will remove the entries of all remaining retained electors who have not applied for registration.

Regulation 6 inserts a new regulation 46F in the 2008 Regulations, which provides that the registration officer may request, from a person, information which is required in order to determine a registration application, where that application proceeded from a notice sent under regulation 46C, 46D or 46E. Where the information is not provided by the stated deadline, the registration officer must remove the person’s entry from the register.

Regulation 7 inserts a new sub-paragraph in section 10B(7)(b) of the 1983 Act, adding text message to the list of methods by which the registration officer may issue a further notification of a digital registration number.

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