Explanatory note

These Regulations amend the Representation of the People (Northern Ireland) Regulations 1986 (“the Regulations of 1986”). They extend to Northern Ireland only.

Regulation 11 of these Regulations replaces the provisions in regulation 25 of the Regulations of 1986 about the attestation of declarations made by overseas electors. In place of the requirement for such declarations to be attested by an overseas attesting officer (as to these officers, see regulation 24 of the Regulations of 1986), the provision substituted by regulation 11 requires such declarations as need to be attested (as to which, see regulation 25(1), as substituted) to be attested by a British citizen who satisfies the conditions in regulation 25(2), as substituted. Regulation 10 of these Regulations substitutes a provision (for the redundant regulation 24) whereby overseas electors who by reason only of age were incapable of being included in a register of electors before leaving the United Kingdom are required to send a copy of their birth certificates with their overseas electors' declarations prior to their first registration. The franchise was extended to such persons by sections 2 and 3 of the Representation of the People Act 1989. By virtue of the Representation of the People Act 1989 (Commencement No. 2) Order 1990 (S.I. 1990/519, (C.17)), sections 1 to 4 of that Act come into force on 1st April 1990. Regulations 4, 7, 9, 12, 13, 15 and 28 of these Regulations make amendments to the Regulations of 1986 which are consequential on, or ancillary to, the changes made by those sections and the regulations explained in this paragraph.

Regulation 14 of these Regulations inserts a provision into the Regulations of 1986 whereby a registration officer is obliged to send reminders to persons registered in pursuance of overseas electors' declarations of the need to make a fresh declaration in order to be registered in the next register of electors.

Regulation 20 of these Regulations amends regulation 64 of the Regulations of 1986 so that where an application to vote by post or proxy for an indefinite period on the grounds of physical incapacity is attested by a medical practitioner, Christian Science practitioner or a nurse, the applicant must be receiving treatment from or be under the care of such a person. Regulations 21 and 22 of these Regulations alter the provisions about applications to vote by post or proxy at a particular election which are received after the usual deadline for such applications. The registration officer is required to accept such applications made by persons whose claims for such a vote relate to their health on polling day when the relevant circumstances could not have been reasonably foreseen earlier, provided such applications are attested. Applications by constables and returning officer’s staff must also be accepted if received by a later closing date and if the circumstances of the employment by virtue of which they are made relate to elections.

Regulations 6, 16(1), 17 and 18 of these Regulations increase the fees therein referred to. Regulation 16(2) of these Regulations adds a provision whereby registration officers are obliged to supply, on payment of a fee, copies of the register to persons who satisfy the conditions therein set out.

Regulation 26 of these Regulations substitutes the form set out in Schedule 2 for the form of return by an occupier as to residents (form A in Schedule 2 to the Regulations of 1986).

Regulations 5, 8, 19, 23 to 25 and 27 of these Regulations either seek to clarify the drafting of the Regulations of 1986 or the wording of the declaration of identity in Schedule 2 to those Regulations or correct errors or omissions in those Regulations.