The Representation of the People (Northern Ireland) Regulations 2008
| Jurisdiction | UK Non-devolved |
| Citation | SI 2008/1741 |
2008 No. 1741
Representation Of The People
The Representation of the People (Northern Ireland) Regulations 2008
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 20001and section 42(9) of the Electoral Administration Act 20062(“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 19833(“the 1983 Act”) and section 42(10) of the 2006 Act and approved by a resolution of each House of Parliament.
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:
PART 1
GENERAL, INTERPRETATION AND MISCELLANEOUS
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Representation of the People (Northern Ireland) Regulations 2008 and shall come into force on 1st July 2008.
(2) These Regulations extend to Northern Ireland only.
Revocations
2. The instruments listed in column 1 of Schedule 2 to these Regulations (which have the corresponding reference in column 2) are revoked to the extent indicated in column 3.
Interpretation
3.—(1) For the purposes of these Regulations, unless the context otherwise requires—
“the 1962 Act” means the Electoral Law Act (Northern Ireland) 19624;
“the 1983 Act” means the Representation of the People Act 1983;
“the 1985 Act” means the Representation of the People Act 19855;
“the 1989 Act” means the Elected Authorities (Northern Ireland) Act 19896;
“the 2000 Act” means the Representation of the People Act 20007;
“the 2002 Act” means the Electoral Fraud (Northern Ireland) Act 20028;
“the 2006 Act” means the Electoral Administration Act 2006;
“available for inspection” means available for inspection during ordinary office hours;
“British Council employee” means a person employed by the British Council in a post outside the United Kingdom;
“candidate” has the same meaning as section 118A of the 1983 Act9;
“copy of a birth certificate” means—
(a) in relation to a birth certificate issued in Northern Ireland, a certified copy of a birth entry issued by the Registrar General of Births and Deaths in Northern Ireland;
(b) in relation to a birth certificate issued in England or Wales, a certified copy of a birth entry issued by the Registrar General for England and Wales;
(c) in relation to a birth certificate issued in Scotland, an extract of a birth entry issued by the Registrar General of Births, Deaths and Marriages for Scotland; and
(d) in relation to a birth certificate issued elsewhere, a copy certified by the issuing authority;
“Crown servant” means a person who is employed in a post falling within the class or description set out in regulation 16;
“data” means information which is recorded with the intention that it should be processed by means of equipment operating automatically in response to instructions given for that purpose;
“edited register” has the meaning given in regulation 93(1);
“elections rules” means the parliamentary elections rules in Schedule 1 to the 1983 Act;
“European Parliamentary overseas elector” means a peer who has made a European Parliamentary overseas elector’s declaration and is registered or is entitled to be registered in pursuance of it;
“European Parliamentary overseas elector’s declaration” means a declaration made in pursuance of section 2 of the 1985 Act, as applied by regulation 14 of, and Schedule 4 to, these Regulations;
“full register” has the meaning given in regulation 93(1);
“list of overseas electors” means the list prepared under regulation 53;
“local elector” and “local election” have the same meaning as in section 130(1) of the 1962 Act;
“Miscellaneous Provisions Act” means the Northern Ireland (Miscellaneous Provisions) Act 200610;
“overseas elector” means a person who has made an overseas elector’s declaration and is registered or entitled to be registered as a parliamentary elector in pursuance of it;
“specified authorities” means authorities set out in regulation 42(2);
“specified information” means information set out in regulation 42(3) to (6);
“register” means the register of electors;
“registration area” means the area covered by a particular register; and
“registration officer” means the electoral registration officer.
(2) A reference in these Regulations to a form identified by means of an alphabetical letter shall be construed as a reference to the form so identified in Schedule 3 to these Regulations.
(3) Any reference in these Regulations to a provision of the 1983 Act which has been applied by section 2(1) of, and Schedule 1 to, the 1989 Act11shall include a reference to that provision as so applied and with any modifications specified in Part II of that Schedule.
Forms
4.—(1) The registration officer shall supply free of charge as many forms for use in connection with registration and voting as appear to that officer reasonable in the circumstances to any person who satisfies that officer of his intention to use the forms in connection with the registration of electors or an election.
(2) The forms set out in Schedule 3 to these Regulations may be used with such variations as the circumstances may require, provided that the form used is substantially to the like effect as the form in Schedule 3.
Communication of applications, notices etc.
5. The requirement in these Regulations that any application, notice, representation or objection should be in writing is satisfied where (apart from the usual meaning of that expression) the text of it—
(a) is transmitted by electronic means;
(b) is received in legible form; and
(c) is capable of being used for subsequent reference.
Electronic signatures and related certificates
6.—(1) A requirement in these Regulations for an application (other than an application under regulation 13, 27 or 55), notice, representation or objection to be signed is satisfied (as an alternative to a signature given by hand) where there is—
(a)
(a) an electronic signature incorporated into or otherwise logically associated with a particular electronic communication; and
(b)
(b) the certification by any person of such a signature.
(2) For the purposes of this regulation an electronic signature is so much of anything in electronic form as—
(a)
(a) is incorporated into or otherwise logically associated with any electronic communication, or both; and
(b)
(b) purports to be so incorporated or associated with the purpose of being used in establishing the authenticity of the communication, the integrity of the communication or both.
(3) For the purposes of this regulation an electronic signature incorporated into or associated with a particular electronic communication is certified by any person if that person (whether before or after the making of the communication) has made a statement confirming that—
(a)
(a) the signature;
(b)
(b) a means of producing, communicating or verifying the signature; or
(c)
(c) a procedure applied to the signature,
is (either alone or in combination with other factors) a valid means of establishing the authenticity of the communication, the integrity of the communication or both.
Copies of documents
7.—(1) Where a document is made available for inspection under these Regulations, any person may make a copy (whether hand-written or by other means) of the whole or any part of it.
(2) Paragraph (1) does not apply to the full register.
(3) A person inspecting the full register may not—
(a)
(a) make copies of any part of it; or
(b)
(b) record any particulars included in it,
otherwise than by means of hand-written notes.
(4) A person who inspects the full register and makes a copy of it or records any particulars included in it otherwise than by means of hand-written notes shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(5) In this regulation “full register” includes—
(a)
(a) any part of it; and
(b)
(b) any notice published under section 13A(2) or 13BA(3),(6) or (9) of the 1983 Act12altering the register.
Time
8.—(1) Where the day or last day of the time allowed by these Regulations for the doing of anything falls on any of the days mentioned in paragraph (3), that time shall be extended until the next following day which is not one of those days.
(2) Subject to regulation 61(5), in computing any period of not more than 7 days for the purposes of these Regulations any of the days mentioned in paragraph (3) shall be disregarded.
(3) The days referred to in paragraphs (1) and (2) are a Saturday, Sunday, Christmas Eve, Christmas Day, Good Friday or a bank holiday.
(4) In paragraph (3) “bank holiday” means a day which is a bank holiday under the Banking and Financial Dealings Act 197113in Northern Ireland.
Official poll card at parliamentary elections
9.—(1) The following forms are prescribed for the purpose of rule 28(3)14of the elections rules.
(2) The official poll card issued to an elector shall be in Form A.
(3) The official poll card issued to the proxy of an elector shall be in Form B.
Return and declaration of election expenses
10.—(1) For the purpose of section 75(3) of the 1983 Act,...
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