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The Representation of the People (Northern Ireland) Regulations 2008

S.I. 2008/1741 · Made 30 June 2008 · Extends to Northern Ireland

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Representation Of The People

Made 30th June 2008

Coming into force 1st July 2008

In accordance with section 7(1) and (2)(e) of the Political Parties, Elections and Referendums Act 2000f1 and section 42(9) of the Electoral Administration Act 2006 f2(“the 2006 Act”), the Electoral Commission has been consulted prior to making these Regulations.

A draft of these Regulations was laid before Parliament in accordance with section 201(2) of the Representation of the People Act 1983f3 (“the 1983 Act”) and section 42(10) of the 2006 Act and approved by a resolution of each House of Parliament.C1C2C3C4

Accordingly, the Secretary of State, in exercise of the powers conferred on him by the enactments which are specified in Schedule 1 to these Regulations, makes the following Regulations:

Annotations to the whole text

Modifications

C1

Regulations applied (with modifications) (10.2.2009) by The Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599), reg. 3, Sch. 2 (as substituted by S.I. 2009/256, arts. 1(2), 3(1), Sch. 2 and as amended: (31.10.2023) by S.I. 2023/1116, regs. 1(2), 23; (16.1.2024) by S.I. 2024/43, regs. 1(1), 21 and (26.3.2024) by The Representation of the People (Postal Vote Handling etc.) (Northern Ireland) (Amendment) Regulations 2024 (S.I. 2024/319), regs. 1(2), 13(2)(4)-(7), Schs. 6, 7 (with reg. 1(3)))

C2

Regulations applied in part (with modifications) (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(2), Sch. 4 para. 9

C3

Regulations applied (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(2), Sch. 8 para. 46(3)

C4

Regulations applied (with modifications) (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 3 para. 15; S.I. 2016/69, reg. 2

Footnotes

f1

2000 c.41.

f2

2006 c.22.

f3

1983 c.2. section 201(2) was substituted by paragraph 69 of Schedule 4 to the Representation of the People Act 1985 (c.50) and amended by paragraph 6 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c.41) and article 5(b) of S.I.1991/1728.

Contents

  1. Part 1: GENERAL, INTERPRETATION AND MISCELLANEOUS
  2. 1Citation, commencement and extent
  3. 2Revocations
  4. 3Interpretation
  5. 4Forms
  6. 5Communication of applications, notices etc.
  7. 6Electronic signatures and related certificates
  8. 7Copies of documents
  9. 8Time
  10. 9Official poll card and postal poll card at parliamentary elections
  11. 10Return and declaration of election expenses
  12. 11Interference with notices etc.
  13. 12Device referred to in rule 29(3A)(b) of elections rules Repealed
  14. 13Applications for an electoral identity card
  15. 13ANotification of determination of application for electoral identity card
  16. 13BAppeal following determination
  17. 14Registration of European parliamentary overseas electors Repealed
  18. 15Amendment of rule 37(1E) of the elections rules
  19. Part 2: SERVICE AND OVERSEAS ELECTORS’ DECLARATIONS
  20. Service declarations
  21. 16Qualification for Crown servant
  22. 17Contents of service declaration
  23. 18Transmission of service declaration Repealed
  24. 19Notification by registration officer in respect of service declaration
  25. Overseas elector’s declarations
  26. 20Contents of overseas elector’s declaration
  27. 21Certain declarants to supply copy of birth certificates Repealed
  28. 22Attestation of certain overseas electors’ declarations Repealed
  29. 23Notification about registration as overseas elector
  30. 23AReminders to electors registered in pursuance of an overseas elector’s declaration
  31. 23BRenewal declarations
  32. 23CNotification about continued registration as an overseas elector following renewal declaration
  33. Part 3: REGISTRATION
  34. Information about electors
  35. 24Power to require information
  36. 25Alteration of registers under section 13BA(3) or 13BC of the 1983 Act
  37. 25ARegulation 25 supplementary: additional supporting material in relation to identity
  38. 25BRegulation 25 supplementary: additional supporting material in relation to nationality
  39. 25CRegulation 25 supplementary: additional supporting material in relation to address claimed as qualifying address
  40. 26Reminders to electors registered in pursuance of a service declaration or declaration of local connection
  41. 26AReminders to persons who have an anonymous entry
  42. 27Applications for registration
  43. 27ZAOverseas electors: power to require additional evidence where applicant under 18 when last resident in the United Kingdom
  44. 27ZBOverseas electors: power to require additional evidence of previous residence
  45. 27ZCOverseas electors: power to require attestation as to applicant’s previous residence at address claimed as qualifying address
  46. 27ZDOverseas electors: power to require additional evidence as to previous registration in pursuance of a service declaration, residence as a merchant seaman or an overseas elector’s declaration
  47. 27ZEOverseas electors: power to require additional evidence as to declaration of local connection
  48. 27ZFOverseas electors: power to require attestation as to applicant’s connection to address claimed as qualifying address
  49. 27ZGOverseas electors: power to require additional evidence as to change of name
  50. 27ZHAttestations: general requirements
  51. 27ZIMeaning of qualifying attestor
  52. 27AProcessing of information provided in connection with an application for registration
  53. 28Objections to registration
  54. 29Inspection of applications and objections
  55. Determination of applications and objections
  56. 30Procedure for determining applications for registration and objections without a hearing
  57. 31Notice of hearing
  58. 32Hearing of applications and objections
  59. 33Objections relating to applications which have been allowed, but before alterations to the register have taken effect
  60. 34Other determinations by registration officer of entitlement to registration
  61. 35Summary procedure for determining in specified circumstances whether a person has ceased to satisfy conditions for registration
  62. 36Procedure for reviewing entitlement to registration
  63. 37List of reviews
  64. 38Hearings of reviews
  65. 38AAnonymous registration: applications and declarations
  66. 38BAnonymous registration: determination of applications by the registration officer
  67. 38CAnonymous registration: evidence consisting of relevant court orders or injunctions
  68. 38DAnonymous registration: evidence by attestation
  69. 38EAnonymous registration: review of entitlement to an anonymous entry
  70. 39Registration appeals
  71. 40Representations regarding clerical errors
  72. 41Requests for information
  73. 42Provision of information to the registration officer
  74. 42AVerification of information provided in an application
  75. 43Disclosure of information
  76. 44Notices in connection with registration
  77. 45Communication of notices made on polling day
  78. 46Notice by registration officer of a change of address
  79. 46APrescribed form for canvass Repealed
  80. 46BRetention of entries on the register following a canvass
  81. 46CRetained register entries: residence audit
  82. 46DRetained register entries: household notice
  83. 46ERetained register entries: final year notices
  84. 46FRetained register entries: failure to respond to request for information
  85. The register
  86. 47Separate part of register for each parliamentary polling district
  87. 48Different letter for each parliamentary polling district
  88. 49Qualifying addresses which are not included in the register
  89. 50Order of names
  90. 50AAnonymous entries
  91. 51Marking of names
  92. 52Publication of register
  93. 53Preparation and publication of list of overseas electors
  94. 53ARecord of anonymous entries
  95. 53BDuties of registration officer and his staff in relation to record of anonymous entries
  96. 53CSupply of the record of anonymous entries to police forces and other organisations
  97. 53DCertificate of anonymous registration
  98. Part 4: ABSENT VOTERS
  99. 54Interpretation of Part 4
  100. 55General requirements for applications for an absent vote
  101. 55AAdditional requirement for applications for ballot papers to be sent to a different address to that in register
  102. 55BAdditional requirement for applications for ballot papers to be sent to different address from that shown in the record kept under section 6(3) or section 9(6) of the 1985 Act
  103. 56Additional requirements for applications for the appointment of a proxy
  104. 57Additional requirements for applications on grounds of blindness or other disability
  105. 58Additional requirements for applications based on occupation, service, employment or attendance on a course
  106. 59Additional requirements for applications in respect of a particular election
  107. 60Additional requirements for applications by proxies to vote by post at a particular election
  108. 61Closing date for applications
  109. 62Grant or refusal of applications
  110. 63Notice of appeal
  111. 64Cancellation of proxy appointment
  112. 65Inquiries by registration officer
  113. 66Records and lists kept under sections 6, 7 and 9 of the 1985 Act
  114. 67Marked register for polling stations
  115. 68Certificate of employment at a parliamentary election
  116. 69Form of Corresponding number lists
  117. Part 5: ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS
  118. 70Interpretation of Part 5
  119. Issue of Postal Ballot Papers
  120. 70ATime when postal ballot papers are to be issued
  121. 71Form of declaration of identity
  122. 72Persons entitled to be present at proceedings on issue and receipt of postal ballot papers
  123. 73Agents of candidates who may attend proceedings on issue or receipt of postal ballot papers
  124. 74Notification of requirement of secrecy
  125. 75Notice of issue of postal ballot papers
  126. 76Procedure on issue of postal ballot paper
  127. 77Refusal to issue postal ballot paper
  128. 78Envelopes
  129. 79Sealing up of completed corresponding number lists and security of special lists
  130. 80Delivery of postal ballot papers
  131. 81Spoilt postal ballot papers
  132. 81ATendered postal ballot papers
  133. Receipt of Postal Ballot Papers
  134. 81BAlternative means of returning postal ballot paper
  135. 82Notice of opening of postal ballot paper envelopes
  136. 83Postal ballot boxes and receptacles
  137. 84Receipt of covering envelope by post
  138. 84AReturn of postal voting documents by hand
  139. 84BReturn of postal voting documents form: prescribed information
  140. 84CRejection of postal voting documents handed in to the returning officer
  141. 84DProcedure where no postal voting document handed in by P is rejected in accordance with regulation 84C
  142. 84EProcedure where at least one postal voting document handed in by P is rejected under regulation 84C
  143. 84FPostal voting documents left behind with the returning officer
  144. 84GPackets of postal voting documents and return of postal voting documents forms
  145. 84HList of electors whose postal voting documents have been rejected in accordance with regulation 84C or left behind
  146. 84INotification of a postal ballot paper rejected in accordance with regulation 84C or left behind
  147. 85Opening of postal voters’ ballot box
  148. 86Opening of covering envelopes
  149. 87Procedure in relation to declarations of identity
  150. 88Opening of ballot paper envelopes
  151. 89Sealing of receptacles
  152. 90Abandoned poll
  153. 91Forwarding of documents
  154. Part 6: SUPPLY OF REGISTERS ETC.
  155. Interpretation and edited register
  156. 92Interpretation of Part 6
  157. 93Edited version of register
  158. General restrictions
  159. 94Restrictions on supply of full register and disclosure of information from it by the Chief Electoral Officer and his staff
  160. 95Restriction on use of the full register or information contained in it supplied in accordance with any enactment or otherwise obtained
  161. Supply on publication and specific restrictions
  162. 96Supply of free copy of full register to the British Library
  163. 97Supply of free copy of full register to deputy returning officer at local elections and restrictions on use
  164. 98Supply of free copy of full register etc to the Northern Ireland Statistics and Research Agency and restrictions on use
  165. 99Supply of free copy of full register etc to Electoral Commission
  166. 100Supply of free copy of full register etc to Local Government Boundary Commissioner, the Boundary Commission and the District Electoral Areas Commissioner and restrictions on use
  167. Supply on request and specific restrictions
  168. 101Supply of full register etc under regulations 102 to 107A: general provisions
  169. 102Supply of full register etc to elected representatives and restrictions on use
  170. 103Supply of full register etc to holders of relevant elective offices and candidates
  171. 104Supply of full register etc to local constituency parties and restrictions on use
  172. 105Supply of full register etc to registered political parties etc and restrictions on use
  173. 106Supply of full register etc to certain candidates and restriction on use
  174. 107Supply of full register etc to police forces and restrictions on use
  175. 107ASupply of full register etc to a registered medical practitioner and restrictions on use.
  176. Sale of edited and full register and specific restrictions
  177. 108Sale of edited register
  178. 109Sale of full register etc: restrictions on supply, charges, etc
  179. 110Sale of full register etc: general provisions
  180. 111Sale of full register etc to government departments
  181. 112Sale of full register etc to credit reference agencies
  182. Supply to assist the registration officer to meet the relevant registration objectives
  183. 112ASupply of additional elector information to the Northern Ireland Statistics and Research Agency
  184. Supply to processor and offences
  185. 113Supply of register to processor
  186. 114Offences in respect of contravention of Part 3 or Part 6
  187. Part 6A: Supply of date of birth lists to police and pursuant to a court order
  188. 114AInterpretation of Part 6A
  189. 114BSupply of date of birth lists to police forces and restrictions on use
  190. 114CCourt orders for production of date of birth lists
  191. Part 7: ACCESS TO MARKED REGISTERS AND OTHER DOCUMENTS OPEN TO PUBLIC INSPECTION AFTER AN ELECTION
  192. 115Interpretation of Part 7
  193. 116Supply of marked registers and lists after an election
  194. 117Inspection of documents open to public inspection
  195. 118Conditions on the use, supply and disclosure of documents open to public inspection
  196. 119Fees relating to the supply of marked registers and lists
  197. Signature
  198. Schedule 1ENABLING POWERS
  199. Schedule 2REVOCATIONS
  200. Schedule 3: FORMS
  201. ARRANGEMENT OF FORMS
  202. Schedule 4APPLICATION WITH MODIFICATIONS OF PROVISIONS OF THE 1983 AND 1985 ACTS FOR REGISTRATION OF EUROPEAN PARLIAMENTARY OVERSEAS ELECTORS Repealed
  203. Schedule 5Form of words about two versions of the register
  204. Explanatory note