The Representation of the People (Northern Ireland) Regulations 2008

Publication Date:January 01, 2008

2008No. 1741

REPRESENTATION OF THE PEOPLE

The Representation of the People (Northern Ireland) Regulations 2008

30thJune2008

1stJuly2008

CONTENTS

PART 1

GENERAL, INTERPRETATION AND MISCELLANEOUS

1. Citation, commencement and extent

2. Revocations

3. Interpretation

4. Forms

5. Communication of applications, notices etc.

6. Electronic signatures and related certificates

7. Copies of documents

8. Time

9. Official poll card at parliamentary elections

10. Return and declaration of election expenses

11. Interference with notices etc.

12. Device referred to in rule 29(3A)(b) of elections rules

13. Applications for an electoral identity card

14. Registration of European parliamentary overseas electors

15. Amendment of rule 37(1E) of the elections rules

PART 2

SERVICE AND OVERSEAS ELECTORS' DECLARATIONS

16. Qualification for Crown servant

17. Contents of service declaration

18. Transmission of service declaration

19. Notification by registration officer in respect of service declaration

20. Contents of overseas elector's declaration

21. Certain declarants to supply copy of birth certificates

22. Attestation of certain overseas electors' declarations

23. Notification about registration as overseas elector

PART 3

REGISTRATION

24. Power to require information

25. Alteration of registers under section 13BA(3) of the 1983 Act

26. Reminders to electors registered pursuant to a declaration

27. Applications for registration

28. Objections to registration

29. Inspection of applications and objections

30. Procedure for determining applications for registration and objections without a hearing

31. Notice of hearing

32. Hearing of applications and objections

33. Objections relating to applications which have been allowed, but before alterations to the register have taken effect

34. Other determinations by registration officer of entitlement to registration

35. Summary procedure for determining in specified circumstances whether a person has ceased to satisfy conditions for registration

36. Procedure for reviewing entitlement to registration

37. List of reviews

38. Hearings of reviews

39. Registration appeals

40. Representations regarding clerical errors

41. Requests for information

42. Provision of information to the registration officer

43. Disclosure of information

44. Notices in connection with registration

45. Communication of notices made on polling day

46. Notice by registration officer of a change of address

47. Separate part of register for each parliamentary polling district

48. Different letter for each parliamentary polling district

49. Qualifying addresses which are not included in the register

50. Order of names

51. Marking of names

52. Publication of register

53. Preparation and publication of list of overseas electors

PART 4

ABSENT VOTERS

54. Interpretation of Part 4

55. General requirements for applications for an absent vote

56. Additional requirements for applications for the appointment of a proxy

57. Additional requirements for applications on grounds of blindness or other disability

58. Additional requirements for applications based on occupation, service, employment or attendance on a course

59. Additional requirements for applications in respect of a particular election

60. Additional requirements for applications by proxies to vote by post at a particular election

61. Closing date for applications

62. Grant or refusal of applications

63. Notice of appeal

64. Cancellation of proxy appointment

65. Inquiries by registration officer

66. Records and lists kept under sections 6, 7 and 9 of the 1985 Act

67. Marked register for polling stations

68. Certificate of employment at a parliamentary election

69. Form of Corresponding number lists

PART 5

ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS

70. Interpretation of Part 5

71. Form of declaration of identity

72. Persons entitled to be present at proceedings on issue and receipt of postal ballot papers

73. Agents of candidates who may attend proceedings on issue or receipt of postal ballot papers

74. Notification of requirement of secrecy

75. Notice of issue of postal ballot papers

76. Procedure on issue of postal ballot paper

77. Refusal to issue postal ballot paper

78. Envelopes

79. Sealing up of completed corresponding number lists and security of special lists

80. Delivery of postal ballot papers

81. Spoilt postal ballot papers

82. Notice of opening of postal ballot paper envelopes

83. Postal ballot boxes and receptacles

84. Receipt of covering envelope

85. Opening of postal voters' ballot box

86. Opening of covering envelopes

87. Procedure in relation to declarations of identity

88. Opening of ballot paper envelopes

89. Sealing of receptacles

90. Abandoned poll

91. Forwarding of documents

PART 6

SUPPLY OF REGISTERS ETC.

92. Interpretation of Part 6

93. Edited version of register

94. Restrictions on supply of full register and disclosure of information from it by the Chief Electoral Officer and his staff

95. Restriction on use of the full register or information contained in it supplied in accordance with any enactment or otherwise obtained

96. Supply of free copy of full register to the British Library

97. Supply of free copy of full register to deputy returning officer at local elections and restrictions on use

98. Supply of free copy of full register etc to the Northern Ireland Statistics and Research Agency and restrictions on use

99. Supply of free copy of full register etc to Electoral Commission

100. Supply 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

101. Supply of full register etc under regulations 102 to 107: general provisions

102. Supply of full register etc to elected representatives and restrictions on use

103. Supply of full register etc to holders of relevant elective offices and candidates

104. Supply of full register etc to local constituency parties and restrictions on use

105. Supply of full register etc to registered political parties etc and restrictions on use

106. Supply of full register etc to certain candidates and restriction on use

107. Supply of full register etc to police forces and restrictions on use

108. Sale of edited register

109. Sale of full register etc: restrictions on supply, charges, etc

110. Sale of full register etc: general provisions

111. Sale of full register etc to government departments

112. Sale of full register etc to credit reference agencies

113. Supply of register to processor

114. Offences in respect of contravention of Part 6

PART 7

ACCESS TO MARKED REGISTERS AND OTHER DOCUMENTS OPEN TO PUBLIC INSPECTION AFTER AN ELECTION

115. Interpretation of Part 7

116. Supply of marked registers and lists after an election

117. Inspection of documents open to public inspection

118. Conditions on the use, supply and disclosure of documents open to public inspection

119. Fees relating to the supply of marked registers and lists

SCHEDULE 1-

ENABLING POWERS

SCHEDULE 2-

REVOCATIONS

SCHEDULE 3-

FORMS

SCHEDULE 4-

APPLICATION WITH MODIFICATIONS OF PROVISIONS OF THE 1983 AND 1985 ACTS FOR REGISTRATION OF EUROPEAN PARLIAMENTARY OVERSEAS ELECTORS

SCHEDULE 5-

Form of words about two versions of the register

In accordance with section 7(1) and (2)(e) of the Political Parties, Elections and Referendums Act 2000 1 and section 42(9) of the Electoral Administration Act 2006 2("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 1983 3 ("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) 1962 4;

"the 1983 Act" means the Representation of the People Act 1983;

"the 1985 Act" means the Representation of the People Act 1985 5;

"the 1989 Act" means the Elected Authorities (Northern Ireland) Act 1989 6;

"the 2000 Act" means the Representation of the People Act 2000 7;

"the 2002 Act" means the Electoral Fraud (Northern Ireland) Act 2002 8;

"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 Act 9;

"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...

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