(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.
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(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.
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.
(1) For the purposes of these Regulations, unless the context otherwise requires—
“the 1962 Act” means the Electoral Law Act (Northern Ireland) 1962 ;
“the 1983 Act” means the Representation of the People Act 1983;
“the 1985 Act” means the Representation of the People Act 1985 ;
“the 1989 Act” means the Elected Authorities (Northern Ireland) Act 1989 ;
“the 2000 Act” means the Representation of the People Act 2000 ;
“the 2002 Act” means the Electoral Fraud (Northern Ireland) Act 2002 ;
“the 2006 Act” means the Electoral Administration Act 2006;
“ address claimed as the qualifying address ”, in relation to a person applying to be registered, means the address in respect of which the person is applying to be registered;
“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 ;
“certificate of anonymous registration” means a certificate issued in pursuance of regulation 53D;
“copy of a birth certificate” means—
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;
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;
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
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;
“ declaration of local connection ” has the same meaning as in section 7B(1) of the 1983 Act;
“edited register” has the meaning given in regulation 93(1) ;
“elections rules” means the parliamentary elections rules in Schedule 1 to the 1983 Act;
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“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;
“ mental hospital ” has the meaning given in section 7(6) of the 1983 Act;
“Miscellaneous Provisions Act” means the Northern Ireland (Miscellaneous Provisions) Act 2006 ;
“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;
“ previous registration condition ” has the same meaning as in section 1A(2) of the 1985 Act;
“ previous residence condition ” has the same meaning as in section 1A(3) of the 1985 Act;
“ qualifying Commonwealth citizen ” has the same meaning as in section 4(6) of the 1983 Act;
“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; ...
“registration officer” means the electoral registration officer;
“ renewal declaration ” has the same meaning as in section 1E of the 1985 Act;
“ retained elector ” means a person in respect of whom there is a retained register entry, other than a person—
who has made an application for registration under section 10A(1)(a) of the 1983 Act which is yet to be determined; or
in respect of whom the registration officer has made or intends to make a determination under section 10A(5)(b) of the 1983 Act;
“ retained register entry ” means an entry in the register which the registration officer would be required to remove under section 10A(6) of the 1983 Act but for regulation 46B(1);
“the UK digital service” has the same meaning as in section 10ZF of the 1983 Act, and references to an application submitted through the UK digital service or any other thing done through the UK digital service shall be construed in accordance with subsection (4) of that section.
(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 Act shall include a reference to that provision as so applied and with any modifications specified in Part II of that Schedule.
(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.
(1) The requirement in these Regulations that any application, attestation, notice, reminder, representation, objection or any other communication that is sent 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.
(2) The reference to “text” in paragraph (1) includes a signature.
(1) A requirement in these Regulations for an application (other than an application under regulation 13 ... or 55), notice, representation or objection to be signed is satisfied (as an alternative to a signature given by hand) where there is—
(a) an electronic signature incorporated into or otherwise logically associated with a particular electronic communication; and
(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) is incorporated into or otherwise logically associated with any electronic communication, or both; and
(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) the signature;
(b) a means of producing, communicating or verifying the signature; or
(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.
(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) make copies of any part of it; or
(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) any part of it; and
(b) any notice published under section 13A(2) or 13BA(3),(6) or (9) of the 1983 Act altering the register.
(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 1971 in Northern Ireland.
(1) The following forms are prescribed for the purpose of rule 28(3) of the elections rules.
(2) The official poll card issued to an elector must be in Form A.
(3) The official postal poll card issued to an elector who is on the absent voters list for the election (kept under section 7(4) of the 1985 Act) must be in Form A1.
(4) The official poll card issued to the proxy of an elector must be in Form B.
(5) The official postal poll card issued to the proxy of an elector who is entitled to vote by post as proxy at the election must be in Form B1.
(1) For the purpose of section 75(3) of the 1983 Act, the form of the return of election expenses shall be in Form C and the form of the declaration as to elections expenses shall be in Form D.
(2) The price of a copy of any such return, declaration or any accompanying document shall be at the rate of 20p for each side of each page.
If any person without lawful authority destroys, mutilates, defaces or removes any notice published by the Chief Electoral Officer in connection with his statutory duties or any copies of a document which have been made available for inspection in pursuance of those duties, he shall be liable on a summary conviction to a fine not exceeding level 3 on the standard scale.
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(1) A person may apply for an electoral identity card under section 13C ) of the 1983 Act if he falls within either of the descriptions of person set out in paragraph (2).
(2) Those descriptions are—
(a) a person who is registered in a register of parliamentary or local electors in Northern Ireland; or
(b) a person who applies to be so registered at the same time as he applies for an electoral identity card.
(3) An application for an electoral identity card must state—
(a) the applicant’s full name and date of birth;
(b) the address in respect of which he is registered as an elector or in respect of which he applies to be so registered; and
(c) his national insurance number, if any,
and be signed by the applicant.
(1) Where the Chief Electoral Officer for Northern Ireland determines an application for an electoral identity card, they must notify the applicant of that determination, together with any other information required by this regulation.
(2) Where the Chief Electoral Officer refuses the application, they must also notify the applicant of—
(a) the reason for the refusal,
(b) the right of appeal under section 58(1)(bb) of the 1983 Act, and
(c) the time in which any notice of appeal under that section must be given (in accordance with regulation 13B(1)).
(3) Where the Chief Electoral Officer notifies the applicant other than by written notification, they must, as soon as reasonably practicable after that notification send a written notification containing the same information to the applicant’s address, as specified in the application.
(1) A person who wishes to appeal under section 58(1)(bb) of the 1983 Act against a determination of the Chief Electoral Officer for Northern Ireland to refuse an application for an electoral identity card must give notice of the appeal to the Chief Electoral Officer before the end of the period of 14 days beginning with the day on which the notification under regulation 13A is given, specifying the grounds of the appeal.
(2) Where regulation 13A(3) applies in respect of the refusal, the reference to notification in paragraph (1) is to be read as the first notification under regulation 13A to that person.
(3) The Chief Electoral Officer must forward any such notice of appeal to the appropriate county court in the manner directed by rules of court together with a statement setting out—
(a) the material facts which in the Chief Electoral Officer’s opinion have been established in the case,
(b) the Chief Electoral Officer’s decision, and
(c) the Chief Electoral Officer’s representations on any point specified as a ground of appeal.
(4) The Chief Electoral Officer must also give to the county court any other information which the court may require and which the Chief Electoral Officer is able to give.
(5) Where it appears to the Chief Electoral Officer that any notices of appeal given to the Chief Electoral Officer are based on similar grounds, the Chief Electoral Officer must inform the county court of this to enable the court (if it thinks fit) to consolidate the appeals or select a case as a test case.
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Rule 37(1E) of the elections rules is amended as follows—
(a) in sub-paragraph (a) omit “current”;
(b) in sub-paragraph (b) omit “current”;
(c) in sub-paragraph (h) for “a current” substitute “an”;
(d) at the end of paragraph (1E) omit “Article 12 of”;
(e) after sub-paragraph (i) insert—
(j) a Blind Person’s SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;
(k) a War Disabled SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002.
The class or description of person prescribed for the purposes of section 14(1)(b) of the 1983 Act are such persons (other than members of the forces within the meaning of section 59(1) of the 1983 Act) who are employed in the service of the Crown in a post outside the United Kingdom and who are required to devote their whole working time to the duties of such a post and whose remuneration in respect of that post is paid wholly out of money provided by Parliament.
(1) In addition to the matters specified in paragraphs (a) to (f) of section 16 of the 1983 Act , a service declaration shall state—
(a) the declarant’s full name and present address;
(b) the ground on which the declarant claims a service declaration; and
(c) such of the particulars specified in paragraphs (2), (3) or (4) as are relevant to the service qualification claimed by the declarant.
(2) Where the declarant claims a service qualification on the grounds that he is a member of the forces (within the meaning of section 59(1) of the 1983 Act) or the spouse or civil partner of such a member, the service declaration shall state—
(a) the service (whether naval, military or air forces) in which that member serves;
(b) the rank or rating of that member; and
(c) the service number of that member,
and where that member serves in the military forces, the service declaration shall in addition state the regiment or corps in which he serves.
(3) Where the declarant claims a service qualification on the grounds that he is a Crown servant to whom regulation 16 applies or the spouse or civil partner of such a servant, the service declaration shall state—
(a) the name of the Government department in which that servant works; ...
(b) a description of the post of that servant ; and
(c) any staff number, payroll number or other similar identifying number of that servant.
(4) Where the declarant claims a service qualification on the grounds that he is a British Council employee or the spouse or civil partner of such an employee, the service declaration shall state—
(a) a description of the post of that employee; and
(b) any staff number, payroll number or other similar identifying number of that employee.
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(1) Where the registration officer is satisfied that the service declaration is duly made he shall so notify the declarant.
(2) Where the registration officer rejects an application for registration in pursuance of a service declaration because it—
(a) does not contain the particulars required in paragraphs (a) to (f) of section 16 of the 1983 Act and regulation 17 ; or
(b) does not comply with the requirements of sections 14 and 15 of the 1983 Act or, where appropriate, regulation 17 ... ,
he shall return the declaration to the declarant setting out his reasons for so doing.
(1) In addition to the information required or permitted by section 1C of the 1985 Act, an overseas elector’s declaration must—
(a) state the present address of the person making the declaration (“the declarant”),
(b) state—
(i) where the declarant has a passport (current or expired) which describes the declarant as a British citizen, the number of that passport, together with its date and place of issue;
(ii) otherwise—
(aa) where the declarant was born in the United Kingdom before 1st January 1983, a statement as to that fact;
(bb) in all other cases, a statement as to when and how the declarant acquired the status of British citizen, together with the date, place and country of the declarant’s birth, and
(c) if the declaration includes a statement under section 1C(5) of the 1985 Act (statement that declarant is an eligible Irish citizen), state—
(i) where the declarant has an Irish passport (current or expired), the number of that passport, together with its date and place of issue;
(ii) otherwise, a statement as to when and how the declarant acquired the status of Irish citizen, together with the date, place and country of the declarant’s birth.
(2) Where the declarant is seeking to be registered in reliance on the previous registration condition, the declaration must also—
(a) include—
(i) an indication as to whether the declarant’s name has changed since the declarant was last included in the register, and
(ii) where the indication is that the declarant’s name has changed—
(aa) the name in respect of which the declarant was last included in the register, and
(bb) the reason for the change, and
(b) include an indication as to whether the declarant was last registered in pursuance of—
(i) an overseas elector’s declaration,
(ii) a service declaration, or
(iii) a declaration of local connection.
(3) Where the declarant is seeking to be registered in reliance on the previous residence condition, the declaration must also—
(a) include—
(i) an indication as to whether the declarant’s name has changed since the last day on which the declarant was resident in the United Kingdom, and
(ii) where the indication is that the declarant’s name has changed—
(aa) the declarant’s name on the last day on which the declarant was resident in the United Kingdom, and
(bb) the reason for the change,
(b) include an indication as to whether the declarant was under 18 years old on the last day on which the declarant was resident in the United Kingdom, and
(c) where the declarant is seeking to be registered in reliance on the previous residence condition by virtue of section 1A(3)(b)(ii) of the 1985 Act (previous residence condition: declaration of local connection), include—
(i) a statement as to which of the categories of person mentioned in section 7B(2)(a) to (c) of the 1983 Act (notional residence: declarations of local connection) the declarant fell within on the last day on which the declarant was resident in the United Kingdom, and
(ii) where the declarant fell within the category of person mentioned in section 7B(2)(a) or (b) of the 1983 Act on that day, the name and address of the mental hospital at which the declarant was a patient or (as the case may be) the place at which the declarant was detained.
(4) Where the declaration includes an indication that the declarant was under 18 years old on the last day on which the declarant was resident in the United Kingdom, the declarant may provide as part of the declaration any information or document described in regulation 27ZA.
(5) In paragraph (1)(b)(ii)(aa), “ the United Kingdom ” has the meaning given in section 50 of the British Nationality Act 1981.
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(1) Where the registration officer is satisfied that the declarant qualifies as an overseas elector under section 1A of the 1985 Act, he shall so notify the declarant in writing .
(2) Where the registration officer rejects an application for registration in pursuance of an overseas elector’s declaration because—
(a) in his opinion the declarant does not qualify as an overseas elector under section 1A of the 1985 Act, or
(b) the declaration does not satisfy the requirements of section 1C of the 1985 Act or regulation 20 ... , ...
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the registration officer must notify the declarant in writing and set out their reasons for rejecting the application.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) This paragraph applies in relation to a person (“ P ”) who is registered in pursuance of an overseas elector’s declaration.
(2) Subject to paragraph (3), the registration officer must, during the relevant period, send to P a reminder in writing of the need to make a renewal declaration if P wishes to remain registered in pursuance of the overseas elector’s declaration.
(3) Paragraph (2) does not apply or ceases to apply where the registration officer has received—
(a) a renewal declaration from P, or
(b) information which indicates that P is no longer entitled to make a renewal declaration.
(4) In paragraph (2), “ relevant period ” means the period—
(a) beginning with 1st July of the year in which P’s registration is due to end in accordance with section 1D(1)(a) or (3)(a) of the 1985 Act , and
(b) ending with 1st October of that year.
(1) A renewal declaration must include, in addition to the information required or permitted by section 1E of the 1985 Act—
(a) the declarant’s national insurance number, and
(b) the declarant’s present address.
(2) A renewal declaration must be in writing and be signed by the declarant.
(1) Where the registration officer is satisfied that a person making a renewal declaration (“the declarant”) is entitled to remain registered in pursuance of an overseas elector’s declaration, the registration officer must notify the declarant of that fact.
(2) Where the registration officer is not so satisfied, the registration officer must notify the declarant of that fact together with the registration officer’s reasons for not being so satisfied.
(1) The registration officer may require any person to give such information or documentation as is required for the purposes of that officer’s duties in maintaining registers of parliamentary and local electors except where these Regulations specify the information or documentation that a registration officer may require .
(2) The registration officer may specify the form in which any information required under paragraph (1) is to be provided.
(3) If any person fails to comply with any such requirement of the registration officer as is mentioned in this regulation, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1) For the purposes of section 13BA(3) of the 1983 Act the prescribed date is the eleventh day before the day of the poll.
(1A) For the purposes of section 13BC(2)(d) of the 1983 Act (alteration of registers: recall petition) the prescribed date is the eleventh day before the beginning of the signing period (within the meaning of section 9(2) of the Recall of MPs Act 2015).
(2) For the purposes of section 13BA(3) or 13BC of the 1983 Act, the additional supporting material is such of the material as is prescribed in regulations 25A to 25C as the registration officer may require.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) This regulation prescribes the additional supporting material which, for the purposes of sections 13BA(3) and 13BC of the 1983 Act, the registration officer may require in relation to the identity of an applicant.
(2) The additional supporting material is a copy of, or, where the registration officer considers it appropriate, the original of—
(a) one of the following documents issued to the applicant—
(i) a passport;
(ii) a photocard driving licence (current or expired) issued in the United Kingdom or the European Economic Area or granted by a Crown Dependency;
(iii) a biometric immigration document issued in the United Kingdom in accordance with regulations made under section 5 of the UK Borders Act 2007 ;
(iv) an electoral identity card issued under section 13C(1) of the 1983 Act ;
(v) an identity card issued in the European Economic Area;
(vi) a Senior SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;
(vii) a Blind Person’s SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;
(viii) a War Disabled SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;
(ix) a 60+ SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st October 2008;
(x) a Half Fare SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st April 2004;
(xi) a statutory declaration as to the applicant’s name and date of birth, or
(b) if the applicant is unable to provide a document listed in sub-paragraph (a), two of the following documents issued to or in respect of the applicant—
(i) a copy of the applicant’s birth certificate ;
(ii) a marriage certificate;
(iii) a certificate of civil partnership;
(iv) an adoption certificate;
(v) a driving licence other than a driving licence specified in sub-paragraph (a)(ii);
(vi) a firearms certificate issued under the Firearms (Northern Ireland) Order 2004 ;
(vii) a certificate of naturalisation showing that the applicant has become a British citizen or Commonwealth citizen by virtue of naturalisation;
(viii) a document showing that the applicant has become a British citizen or Commonwealth citizen by virtue of registration;
(ix) a Form P45 or Form P60 issued to the applicant by their employer or former employer;
(x) a statement of benefits or entitlement to benefits under an enactment relating to social security, where the statement contains the applicant’s national insurance number.
(3) If the applicant is unable to provide a document listed in paragraph (2)(a) or two of the documents listed in paragraph (2)(b), the additional supporting material is an attestation which—
(a) confirms that the applicant is the person named in the application, and
(b) meets the general attestation requirements in regulation 27ZH(1).
(4) In paragraph (1), “ Crown Dependency ” means the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man.
(1) This regulation prescribes the additional supporting material which, for the purposes of sections 13BA(3) and 13BC of the 1983 Act, the registration officer may require in relation to the nationality of an applicant.
(2) The additional supporting material is a copy of, or, where the registration officer considers it appropriate, the original of—
(a) if the applicant is not seeking to be registered in pursuance of an overseas elector’s declaration, one of the following documents issued to or in respect of the applicant—
(i) a copy of the applicant’s birth certificate;
(ii) a certificate of naturalisation showing that the applicant has become a British citizen or Commonwealth citizen by virtue of naturalisation;
(iii) a document showing that the applicant has become a British citizen or Commonwealth citizen by virtue of registration;
(iv) a statutory declaration that the applicant is a British citizen, a qualifying Commonwealth citizen, a citizen of Ireland , a qualifying EU citizen or an EU citizen with retained rights ;
(v) a passport issued by the Government of the United Kingdom, a member State or a Commonwealth country, or
(b) if the applicant is seeking to be registered in pursuance of an overseas elector’s declaration, one of the following documents issued to or in respect of the applicant—
(i) a copy of the applicant’s birth certificate;
(ii) a certificate of naturalisation showing that the applicant has become a British citizen by virtue of naturalisation;
(iii) a document showing that the applicant has become a British citizen by virtue of registration;
(iv) a statutory declaration that the applicant is—
(aa) a British citizen, or
(bb) an Irish citizen who was born in Northern Ireland and qualifies as a British citizen (whether or not the applicant identifies as such).
(3) If the applicant is unable to provide a document listed in paragraph (2)(a) or (b) (whichever is relevant), the additional supporting material is an attestation which—
(a) confirms that the nationality of the applicant is the nationality stated in the application, and
(b) meets the general attestation requirements in regulation 27ZH(1).
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) This regulation prescribes the additional supporting material which, for the purposes of sections 13BA(3) and 13BC of the 1983 Act, the registration officer may require in relation to the address which an applicant claims as their qualifying address.
(2) The additional supporting material is a copy of, or, where the registration officer considers it appropriate, the original of any document which—
(a) is listed in paragraph (4), and
(b) bears—
(i) the full current or former name of the applicant, and
(ii) the address claimed as the qualifying address.
(3) Where the applicant is not seeking to be registered in pursuance of a service declaration, a declaration of local connection or an overseas elector’s declaration, the document referred to in paragraph (2) must have been issued within the period of three months ending with the date of application unless it is a driving licence.
(4) The documents are—
(a) a driving licence issued in the United Kingdom which—
(i) if the applicant is seeking to be registered in pursuance of a service declaration, a declaration of local connection or an overseas elector’s declaration, may be current or expired;
(ii) otherwise, must be current;
(b) a bill or statement of account issued by Land and Property Services (meaning that part of the Department of Finance in Northern Ireland known as Land and Property Services Executive Agency);
(c) a utility or mobile telephone bill;
(d) a bank or building society passbook or statement, or a letter from a bank or building society, confirming that the applicant has opened an account with that bank or building society;
(e) a credit card statement;
(f) a bill or statement issued by a credit union within the meaning of article 2 of the Credit Unions (Northern Ireland) Order 1985 ;
(g) a pension statement;
(h) an instrument of a court appointment, such as a grant of probate or letters of administration;
(i) a letter from His Majesty’s Revenue and Customs;
(j) a letter from a school, college, university or other educational institution which confirms the attendance of, or the offer of a place for, the applicant at that institution;
(k) a letter from Student Finance Northern Ireland;
(l) an official copy of the land registry entry for the address claimed as the qualifying address or other proof of title for that address;
(m) a solicitor’s letter confirming the purchase of, or confirmation of the land registry registration of, the address claimed as the qualifying address;
(n) a Form P45, Form P60, reference or payslip issued to the applicant by their employer or former employer;
(o) a letter from an insurance provider;
(p) a rent book issued by the Northern Ireland Housing Executive;
(q) a statement of benefits or entitlement to benefits under an enactment relating to social security;
(r) a letter from the Department for Communities in Northern Ireland confirming the applicant’s entitlement to a state pension;
(s) a letter from the Office of Care and Protection, confirming the registration of a lasting power of attorney.
(5) If the applicant is unable to provide a document which meets the requirements of paragraph (2) and (if relevant) paragraph (3), the additional supporting material is an attestation which—
(a) confirms the basis on which the applicant is entitled to be registered in respect of the address claimed as their qualifying address, and
(b) meets the general attestation requirements in regulation 27ZH(1).
(6) If the applicant’s name in a document provided in accordance with paragraph (2) is different from the applicant’s name in their application, the additional supporting material also includes—
(a) an explanation as to the difference in name, and
(b) evidence confirming the change of the applicant’s name.
(1) This regulation applies in respect of a person registered in pursuance of—
(a) a service declaration; or
(b) a declaration of local connection; ...
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Subject to paragraph (4), the registration officer shall, during the relevant period, send a person to whom this regulation applies a reminder in writing of the need to make a fresh declaration if he wishes to remain registered as an elector in pursuance of such a declaration.
(3) In paragraph (2) the “relevant period” means–
(a) except in cases to which sub-paragraph (b) applies, the period beginning nine months after the date when the existing entry in the register of the person in question first takes effect and ending ten months after that date;
(b) in the case of a person mentioned in section 14(1)(a) or (d) of the 1983 Act (members of the forces and their spouses or civil partners) who is registered in pursuance of a service declaration, the period beginning 57 months after the date when the existing entry in a register of the person in question first takes effect and ending 58 months after that date.
(4) Paragraph (2) does not apply in respect of a person to whom this regulation applies where—
(a) the registration officer has already received from that person a fresh declaration; or
(b) information which the registration officer has received indicates that that person is no longer entitled to make the relevant declaration.
(1) This regulation applies to a person (“P”) who has an anonymous entry in the register of parliamentary or local electors.
(2) Subject to paragraph (3), the registration officer must, during the relevant period, send to P a reminder in writing that P’s entitlement to be registered will terminate on the determined date and that—
(a) if P wishes to remain entered in the register anonymously after that date, P must make a fresh application for an anonymous entry under section 9B(1)(b) of the 1983 Act;
(b) if P wishes to remain entered in the register without an anonymous entry, P must make a fresh application for registration under section 10A(1)(a) of the 1983 Act.
(3) Paragraph (2) does not apply (or ceases to apply) where the registration officer has received from P a fresh application for an anonymous entry under section 9B(1)(b) of the 1983 Act.
(4) In this regulation—
“the determined date” is the date on which P’s entitlement to remain registered will terminate under section 9C(1A) of the 1983 Act;
“the relevant period” is the period beginning six months before the determined date and ending three months before that date.
(1) An application for registration as a parliamentary or local elector (or both) under section 10A(1)(a) or 13A(1)(a) of the 1983 Act (“an application for registration”) shall, in addition to the requirements of section 10A(1A) and 13A(2A) of that Act , state—
(a) the applicant’s full name;
(b) except in the case of a person applying to be registered in pursuance of a service declaration, a declaration of local connection or an overseas electors’ declaration, the address in respect of which the applicant applies to be registered and at which he is resident on the date of the application;
(c) in the case of an applicant who no longer claims to be entitled to be registered at an address in respect of which the applicant is currently registered as an elector, either—
(i) the fact that the applicant has ceased to reside at that address; or
(ii) the fact that the registration was in pursuance of a service declaration, a declaration of local connection or an overseas electors’ declaration, and the fact that the applicant is no longer entitled to make that declaration;
(ca) in the case of an applicant who has confirmed pursuant to section 10A(1A)(c)(i) or 13A(2A)(c)(i) of the 1983 Act that the applicant does not have a national insurance number, the reason why the applicant does not have it;
(caa) in the case of a relevant EU applicant , an indication as to whether the applicant meets the requirements set out in section 203B(1) of the 1983 Act;
(cb) except in the case of a person applying to be registered in pursuance of an overseas elector’s declaration or a service declaration, the applicant’s nationality or nationalities or, if the applicant is not able to provide that information, the reason why the applicant is not able to do so;
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) in the case of an applicant who is a merchant seaman within the meaning of section 6 of the 1983 Act, that fact; ...
(f) in the case of an applicant whose application is not accompanied by an application for an anonymous entry and who wishes his name and address to be omitted from the edited version of the register, that request , and
(g) in the case of an applicant whose application is accompanied by an application for an anonymous entry, that fact.
(1A) Where an applicant has previously been known by a name other than that stated in accordance with paragraph (1)(a), the application may also state the applicant’s previous name.
(1AA) In paragraph (1)(caa), “ relevant EU applicant ” means an applicant—
(a) who is a citizen of a member State, and
(b) who is not, or is not also—
(i) a citizen of a member State listed in Schedule 6A to the 1983 Act,
(ii) a qualifying Commonwealth citizen, or
(iii) a citizen of the Republic of Ireland.
(1B) Where an applicant is applying to be registered in pursuance of an overseas elector’s declaration and is unable to provide a national insurance number, the applicant may provide as part of their application a copy of any of the documents listed in regulation 25A(2).
(1C) Where an applicant is applying to be registered in pursuance of an overseas elector’s declaration in reliance on the previous residence condition, the applicant may provide as part of their application a copy of any document which meets the requirements of regulation 27ZB(2).
(2) In the case of a person applying to be registered as a parliamentary or local elector (or both) in pursuance of a service declaration, a declaration of local connection or an overseas elector’s declaration, the declaration in question shall accompany the application.
(3) An application for registration which is submitted through the UK digital service must include a statement by the applicant that, by submitting the application or instructing another person to submit it on the applicant’s behalf, the applicant confirms that—
(a) the applicant is the person named in the application; and
(b) the applicant believes the matters stated in the application and any accompanying declaration to be true.
(3ZA) Where the registration officer provides the form on which an application for registration is made, the form must include—
(a) the following statements—
(i) that persons without lawful immigration status are ineligible to register to vote;
(ii) that the registration officer may request checks in relation to an applicant’s immigration status against Home Office records, and that, for persons applying to register as EU citizens with retained rights only, this may include checks in relation to historical immigration status;
(b) a statement that a person is ineligible to vote unless the person is—
(i) a qualifying Commonwealth citizen,
(ii) a citizen of the Republic of Ireland,
(iii) a qualifying EU citizen, or
(iv) an EU citizen with retained rights;
(c) a statement that the registration officer may require the applicant to provide additional information in relation to nationality, may carry out checks against Government records, and that, for persons applying to register as EU citizens with retained rights only, this may include checks in relation to historical nationality.
(3ZZA) An application for registration which is not submitted through the UK digital service and is made otherwise than in pursuance of an overseas elector’s declaration must include a statement that—
(a) the applicant is the person named in the application, and
(b) the applicant believes the matters stated in the application and any accompanying declaration to be true.
(3ZZB) An application for registration which is not submitted through the UK digital service and is made in pursuance of an overseas elector’s declaration must include a statement that—
(a) the applicant is the person named in the application, and
(b) the applicant believes the matters stated in the application to be true.
(3A) Where the applicant is unable to read, the applicant shall arrange for the declaration mentioned in paragraph (3) to be read out to the applicant before the application is submitted.
(3B) Where the application is to be submitted through the UK digital service and the applicant is unable to submit it owing to a disability, the applicant may instruct a person of 18 years or over to submit it on behalf of the applicant in the applicant’s presence.
(4) An application for registration shall be made in writing ... and dated ....
(4A) An application for registration may include the applicant’s email address and telephone number if the applicant is willing for the registration officer to contact the applicant by such means.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Where the registration officer provides the form on which an application for registration is made, the form of words in Schedule 5 or a form of words with substantially like effect with such variations as the registration officer may consider appropriate must form part of, or accompany, the application form.
(6A) Where the registration officer provides the form on which an application for registration is made, the form shall include—
(a) the words “It is an offence to provide false information in this form”, and
(b) a statement of the maximum penalty for the offence.
(7) Where an application for registration is made otherwise than on a form provided by the registration officer, that officer must on or before the determination of the application send to the applicant in writing the form of words in Schedule 5 or a form of words with substantially like effect and request the applicant to state within 21 days beginning with the date of that request if he wishes his name and address to be excluded from the edited version of the register.
(8) Where an applicant has not replied to the registration officer within 21 days beginning with the date on which the registration officer issued the request under paragraph (7), the registration officer shall assume that the applicant does not request his name and address to be excluded from the edited version of the register.
(9) Where an applicant has replied making such a request within that period, the request shall be treated as part of the application for registration.
(10) Paragraphs (6) and (7) to (9) do not apply to an application for registration which is accompanied by an application for an anonymous entry.
(A1) If a person provides an original document in accordance with regulation 25A(2), 25B(2), 25C(2), 27ZA(3) or (4), 27ZB(2), 27ZD(2)(a) or (5), 27ZE(3)(a) or 27ZG(7), the registration officer must make a copy of that document and return the original document to the person who provided it.
(1) In respect of any application for registration, until the application has been determined, the registration officer—
(a) shall retain the application form or, in the case of an application submitted through the UK digital service, the information contained in the application; and
(b) must retain any other information or documents provided to the registration officer in connection with the application or, in the case of original documents which are returned under paragraph (A1), a copy of such documents.
(2) After the determination of the application, the registration officer may continue to retain any information or document mentioned in paragraph (1) until such time as the officer considers that it is not required for or in connection with the exercise of the officer’s functions.
(3) In respect of any relevant canvass form, until the end of the register alteration day, the registration officer—
(a) shall retain the canvass form or, in the case of a canvass form submitted through the UK digital service, the information contained in the form; and
(b) may retain any other documentation or information provided to the registration officer in connection with the submission of the form.
(4) After the register alteration day, the registration officer may continue to retain any information or document mentioned in paragraph (3) until such time as the officer considers that it is not required for or in connection with the exercise of the officer’s functions.
(5) In this regulation—
“relevant canvass form” means a canvass form completed in respect of any address in connection with a canvass under section 10 of the 1983 Act;
“register alteration day” means, in respect of a relevant canvass form, the day on which the Chief Electoral Officer for Northern Ireland has determined what alterations to the officer’s registers fall to be made as a result of the submission of that canvass form.
(1) This regulation applies where—
(a) a person has made an application to be registered in pursuance of an overseas elector’s declaration,
(b) the applicant has indicated that they were under the age of 18 years on the last day on which they were resident in the United Kingdom, and
(c) the registration officer considers that additional evidence is necessary to be satisfied that the applicant was resident at the address claimed as their qualifying address on that day.
(2) The registration officer may require the applicant to provide—
(a) the full name of a parent or guardian of the applicant who was resident at the address claimed as the qualifying address on the last day on which the applicant was resident in the United Kingdom, and
(b) an indication as to whether the parent or guardian was registered in the register in respect of that address on that day.
(3) Where the information provided in accordance with paragraph (2) is in relation to a parent, the applicant must also provide a copy of the applicant’s birth certificate showing the full name of that parent and the applicant’s date of birth.
(4) Where the information provided in accordance with paragraph (2) is in relation to a guardian, the registration officer may require the applicant to provide such documentary evidence as the registration officer considers appropriate confirming that the person named was a guardian of the applicant.
(1) This regulation applies where—
(a) a person has made an application to be registered in pursuance of an overseas elector’s declaration, and
(b) the registration officer considers that additional evidence is necessary to be satisfied that the applicant satisfies the previous registration condition or the previous residence condition (whichever is relevant).
(2) The registration officer may require the applicant to provide a copy of, or, where the registration officer considers it appropriate, the original of, any document which—
(a) bears the full current or previous name of the applicant, and
(b) bears the address claimed as the qualifying address.
(3) A document which meets the requirements of paragraph (2) and is listed in paragraph (5) is deemed to provide conclusive evidence that the applicant satisfies the previous registration condition or the previous residence condition (whichever is relevant).
(4) But the deeming provision in paragraph (3) only applies in the case of a document bearing the previous name of the applicant where the registration officer is satisfied as to the applicant’s change in name (see further, regulation 27ZG).
(5) The documents are—
(a) a driving licence (current or expired) issued in the United Kingdom;
(b) a bill or statement of account issued by Land and Property Services (meaning that part of the Department of Finance in Northern Ireland known as Land and Property Services Executive Agency);
(c) a utility or mobile telephone bill;
(d) a bank or building society passbook or statement, or a letter from a bank or building society, confirming that the applicant has opened an account with that bank or building society;
(e) a credit card statement;
(f) a bill or statement issued by a credit union within the meaning of article 2 of the Credit Unions (Northern Ireland) Order 1985;
(g) a pension statement;
(h) an instrument of a court appointment, such as a grant of probate or letters of administration;
(i) a letter from His Majesty’s Revenue and Customs;
(j) a letter from a school, college, university or other educational institution which confirms the attendance of, or the offer of a place for, the applicant at that institution;
(k) a letter from Student Finance Northern Ireland;
(l) an official copy of the land registry entry for the address claimed as the qualifying address or other proof of title for that address;
(m) a solicitor’s letter confirming the purchase of, or confirmation of the land registry registration of, the address claimed as the qualifying address;
(n) a Form P45, Form P60, reference or payslip issued to the applicant by their employer or former employer;
(o) a letter from an insurance provider;
(p) a rent book issued by the Northern Ireland Housing Executive;
(q) a statement of benefits or entitlement to benefits under an enactment relating to social security;
(r) a letter from the Department for Communities in Northern Ireland confirming the applicant’s entitlement to a state pension;
(s) a letter from the Office of Care and Protection in Northern Ireland, confirming the registration of a lasting power of attorney.
(6) If the applicant is unable to provide a document which meets the requirements of paragraph (2), or if the evidence provided in accordance with this regulation is not sufficient for the registration officer to determine that the applicant satisfies the previous registration condition or the previous residence condition (whichever is relevant), the registration officer may proceed under regulations 27ZC to 27ZF (so far as relevant).
(1) This regulation applies where—
(a) the registration officer is permitted by regulation 27ZB(6) to proceed under this regulation, and
(b) the registration officer considers that additional evidence is necessary to be satisfied that the applicant was resident at the address claimed as the qualifying address.
(2) The registration officer may require the applicant to provide an attestation which—
(a) confirms that the applicant was resident at the address claimed as the qualifying address,
(b) indicates the dates between which, to the best of the attestor’s knowledge, the applicant was resident at that address, and
(c) meets the general attestation requirements in regulation 27ZH(1).
(1) This regulation applies where—
(a) the registration officer is permitted by regulation 27ZB(6) to proceed under this regulation,
(b) the application is made in reliance on the previous registration condition,
(c) the applicant has indicated that—
(i) their previous registration, or their last registration in the register otherwise than as an overseas elector, was in pursuance of a service declaration, or
(ii) their previous registration, or their last registration in the register otherwise than as an overseas elector, was in pursuance of residence determined in accordance with section 6 of the 1983 Act (residence: merchant seamen) , and
(d) the registration officer considers that additional evidence is necessary to be satisfied that the applicant was previously registered in respect of the address claimed as the qualifying address.
(2) The registration officer may require the applicant to provide either or both of the following—
(a) a copy of, or, where the registration officer considers it appropriate, the original of, any document which—
(i) bears the full current or previous name of the applicant, and
(ii) confirms that the applicant met the registration status requirement in paragraph (3);
(b) an attestation which—
(i) confirms the basis on which the applicant met the registration status requirement in paragraph (3),
(ii) indicates the dates between which, to the best of the attestor’s knowledge, the applicant met the requirement, and
(iii) meets the general attestation requirements in regulation 27ZH(1).
(3) The registration status requirement is that the applicant—
(a) where paragraph (1)(c)(i) applies, had a service qualification, or
(b) where paragraph (1)(c)(ii) applies, was a merchant seaman within the meaning of section 6 of the 1983 Act.
(4) Paragraph (5) applies where the applicant indicates that they were eligible to make a service declaration because they were the spouse or civil partner of a person (“ D ”) mentioned in section 14(1)(a), (b) or (c) of the 1983 Act .
(5) In addition to or instead of requiring evidence in accordance with paragraph (2)(a), the registration officer may require the applicant to provide the registration officer with a copy of, or, where the registration officer considers it appropriate, the original of, either of both of the following—
(a) a document which—
(i) bears D’s full current or previous name, and
(ii) confirms D’s service qualification under section 14(1) of the 1983 Act;
(b) a document which—
(i) bears D’s full current or previous name, and
(ii) confirms that D was, at the time the document was issued, the applicant’s spouse or civil partner.
(6) In this regulation—
“ previous registration ” means the registration referred to in section 1A(2)(a) of the 1985 Act;
“ service qualification ” has the same meaning as in section 14(1) of the 1983 Act.
(1) This regulation applies where—
(a) the registration officer is permitted by regulation 27ZB(6) to proceed under this regulation,
(b) the application is made in reliance on the previous registration condition,
(c) the applicant has indicated that their previous registration, or their last registration in the register otherwise than as an overseas elector, was in pursuance of a declaration of local connection, and
(d) the registration officer considers that additional evidence is necessary to be satisfied that the applicant was previously registered in respect of the address claimed as the qualifying address.
(2) This regulation also applies where—
(a) the registration officer is permitted by regulation 27ZB(6) to proceed under this regulation,
(b) the application is made in reliance on section 1A(3)(b)(ii) of the 1985 Act (previous residence condition: declaration of local connection), and
(c) the registration officer considers that additional evidence is necessary to be satisfied that, on the last day on which the applicant was resident in the United Kingdom, the applicant could have made a declaration of local connection.
(3) The registration officer may require the applicant to provide either or both of the following—
(a) a copy of, or, where the registration officer considers it necessary, the original of, any document which—
(i) bears the full current or previous name of the applicant, and
(ii) confirms that section 7B of the 1983 Act (notional residence: declarations of local connection) applied to the applicant on the last day on which the applicant was resident in the United Kingdom;
(b) an attestation which—
(i) confirms the basis on which the applicant met the local connection requirement,
(ii) indicates the dates between which, to the best of the attestor’s knowledge, the applicant met the local connection requirement, and
(iii) meets the general attestation requirements in regulation 27ZH(1).
(4) The local connection requirement is that—
(a) where it is indicated that section 7B(2)(a) of the 1983 Act applied to the applicant on the last day on which the applicant was resident in the United Kingdom—
(i) the applicant was a patient in a mental hospital, and
(ii) section 3A of the 1983 Act (disenfranchisement of offenders detained in mental hospitals) and section 7A of the 1983 Act (residence: persons remanded in custody etc.) did not apply to the applicant;
(b) where it is indicated that section 7B(2)(b) of the 1983 Act applied to the applicant on the last day on which the applicant was resident in the United Kingdom—
(i) the applicant was detained at any place pursuant to a relevant order or direction, and
(ii) the applicant was so detained otherwise than after being convicted of any offence or a finding in criminal proceedings that the applicant did the act or made the omission charged;
(c) where it is indicated that section 7B(2)(c) of the 1983 Act applied to the applicant on the last day on which the applicant was resident in the United Kingdom, the applicant was—
(i) a homeless person, and
(ii) not in legal custody.
(5) For the purposes of paragraph (4), it is to be assumed that—
(a) sections 3A and 7A of the 1983 Act were in force at any relevant time, and
(b) section 7B of the 1983 Act was in force on the last day on which the applicant was resident in the United Kingdom.
(6) In this regulation—
“ homeless person ” has the same meaning as in section 7B(2)(c) of the 1983 Act;
“ previous registration ” means the registration referred to in section 1A(2)(a) of the 1985 Act;
“ a relevant order or direction ” has the same meaning as in section 7A(6) of the 1983 Act.
(1) This regulation applies where—
(a) the registration officer is permitted by regulation 27ZB(6) to proceed under this regulation,
(b) regulation 27ZD(1)(c) or 27ZE(1)(c) or (2)(b) applies, and
(c) the registration officer considers that additional evidence is necessary to be satisfied that the applicant has a previous connection to the address claimed as the qualifying address.
(2) The registration officer may require the applicant to provide an attestation which—
(a) confirms the basis on which the applicant met the qualifying address connection requirement,
(b) indicates the dates between which, to the best of the attestor’s knowledge, the applicant met the requirement, and
(c) meets the general attestation requirements in regulation 27ZH(1).
(3) The qualifying address connection requirement is—
(a) where the applicant claims that they had a service qualification, that the applicant would have been residing at the address claimed as the qualifying address but for the applicant’s service qualification;
(b) where the applicant claims that they were a merchant seaman, that the applicant—
(i) would have been residing at the address claimed as the qualifying address but for the applicant’s occupation as a merchant seaman, or
(ii) commonly stayed at the address claimed as the qualifying address, which was a hotel or club providing accommodation for merchant seamen, during the course of the applicant’s occupation as a merchant seaman;
(c) where the applicant claims that they were a patient in a mental hospital or detained, that the applicant would have been residing at the address claimed as the qualifying address if the applicant had not been a patient or detained;
(d) where the applicant claims that they were a homeless person, that the address claimed as the qualifying address was, or was nearest to, a place in the United Kingdom where the applicant commonly spent a substantial part of the applicant’s time (whether during the day or at night).
(4) An attestation provided in accordance with this regulation may be combined with an attestation provided in accordance with regulation 27ZD(2)(b) or regulation 27ZE(3)(b) where the attestor for each attestation is the same.
(5) In this regulation—
“ merchant seaman ” has the same meaning as in section 6 of the 1983 Act;
“ service qualification ” has the same meaning as in section 14(1) of the 1983 Act.
(1) This regulation applies where—
(a) a person has made an application to be registered in pursuance of an overseas elector’s declaration, and
(b) any of conditions A to D are met.
(2) Condition A is that the applicant has indicated in their declaration that their name has changed since they were last included in the register or since the last day on which they were resident in the United Kingdom.
(3) Condition B is that—
(a) the applicant has provided a document in accordance with regulation 27ZA(3) or (4), 27ZB(2), 27ZD(2)(a) or 27ZE(3)(a), and
(b) the applicant’s name in that document is different from both the applicant’s name in the applicant’s declaration and any name provided in accordance with regulation 20(2)(a)(ii)(aa) or (3)(a)(ii)(aa).
(4) Condition C is that—
(a) the applicant has provided the name of a parent or guardian in accordance with regulation 27ZA(2)(a), and
(b) the name provided is different from the name of the parent or guardian as it appears on—
(i) the register, or
(ii) a document provided in accordance with regulation 27ZA(3) or (4).
(5) Condition D is that—
(a) the applicant has provided a document in accordance with regulation 27ZD(5)(a) and a document in accordance with regulation 27ZD(5)(b), and
(b) the name of the applicant’s spouse or civil partner in each of those documents is different.
(6) The registration officer may require the applicant to provide—
(a) if Condition A is met, such evidence confirming the change of the applicant’s name as the registration officer considers appropriate, except that the registration officer must require more than an explanation as to the difference in name;
(b) if Condition B is met—
(i) an explanation as to the difference in name, or
(ii) such other evidence confirming the change of the applicant’s name as the registration officer considers appropriate, and
(c) if Condition C or D is met—
(i) an explanation as to the difference in name, or
(ii) where the applicant does not know the reason for the difference, a statement to that effect.
(7) Where the applicant provides a copy of a document in accordance with paragraph (6)(a) or (b)(ii), the registration officer may, if the registration officer considers it appropriate, require the applicant to provide the original document.
(1) For the purposes of regulations 25A to 25C and 27ZC to 27ZF, the general attestation requirements are that the attestation must—
(a) be in writing,
(b) be made by a qualifying attestor,
(c) state the full name, date of birth, present address and occupation of the qualifying attestor,
(d) state the address in respect of which the qualifying attestor is registered as an elector,
(e) state—
(i) where the qualifying attestor is registered in pursuance of an overseas elector’s declaration, the number of the qualifying attestor’s British or Irish passport together with its date and place of issue;
(ii) otherwise—
(aa) where the qualifying attestor is registered in respect of an address in Northern Ireland and has been allocated a digital registration number in accordance with section 10B of the 1983 Act (register of electors in Northern Ireland: digital registration number) , that digital registration number;
(bb) in all other cases, the qualifying attestor’s electoral number,
(f) if the attestation is required in connection with an application to be registered in pursuance of an overseas elector's declaration, provide an explanation as to the qualifying attestor’s ability to provide the information required about the applicant, including (but not limited to) the qualifying attestor’s connection to the applicant and the length of time that the connection has existed,
(g) state the name under which the qualifying attestor is registered in a register of parliamentary or local electors if their name has changed since the entry on the register was made,
(h) state that the qualifying attestor is aware of the penalty for providing false information to a registration officer,
(i) include a statement which confirms that all of the information provided in the attestation is true, and
(j) be signed and dated by the qualifying attestor.
(2) In this regulation, “ qualifying attestor ” has the meaning given in regulation 27ZI(1).
(1) A “qualifying attestor” is a person (“ P ”) who—
(a) is aged 18 years or over,
(b) is registered in a register of parliamentary or local government electors,
(c) is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the applicant,
(d) except where P is registered in pursuance of an overseas elector’s declaration, is a person whom the registration officer is satisfied is of good standing in the community, and
(e) meets the requirements of paragraph (2).
(2) P meets the requirements of this paragraph where—
(a) if the attestation required is an attestation in accordance with regulation 25A(3), P has not already signed attestations to which paragraph (3) applies for two applicants since the relevant date;
(b) if the attestation required is an attestation in accordance with regulation 25B(3), P has not already signed attestations in accordance with that regulation for two applicants since the relevant date;
(c) if the attestation required is an attestation in accordance with regulation 25C(5), 27ZC(2), 27ZD(2)(b), 27ZE(3)(b) or 27ZF(2), P has not already signed attestations to which paragraph (4) applies for two applicants since the relevant date.
(3) This paragraph applies to an attestation made in accordance with any of the following provisions—
(a) regulation 25A(3);
(b) regulations 26B(6) and (6ZA) and 56C(5A) and (6) of the Representation of the People (England and Wales) Regulations 2001 ;
(c) regulations 26B(6) and (6ZA) and 56C(5A) and (6) of the Representation of the People (Scotland) Regulations 2001 ;
(d) paragraph 16C(5) of Schedule 2 to the Police and Crime Commissioner Elections Order 2012 ;
(e) regulation 72B(5A) and (6) of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ;
(f) regulation 7(6) of the Voter Identification Regulations 2022 .
(4) This paragraph applies to an attestation made in accordance with any of the following provisions—
(a) regulations 25C(5), 27ZC(2), 27ZD(2)(b), 27ZE(3)(b) and 27ZF(2);
(b) regulations 26E(2), 26F(2)(b), 26G(3)(b) and 26H(3) of the Representation of the People (England and Wales) Regulations 2001 ;
(c) regulations 26E(2), 26F(2)(b), 26G(3)(b) and 26H(3) of the Representation of the People (Scotland) Regulations 2001 .
(5) In paragraph (2), the “relevant date” is whichever is the later of—
(a) the date on which the revised register in which the attestor’s name appears was last published under section 13(1) of the 1983 Act , and
(b) the date on which a notice specifying the attestor’s entry in the register was issued (or last issued) under section 13A(2), 13BA(3) or 13BC of that Act .
(1) Any objection to a person’s registration shall state—
(a) the name of the person against whom the objection is made;
(b) in the case of an objection made before that person is entered in the register, the address of that person as given in the application for registration;
(c) in the case of an objection made after that person is entered in the register, the electoral number and qualifying address of that person contained in the register;
(d) the grounds of the objection;
(e) the name of the objector and his address as shown in the register (if so shown) together with the address to which correspondence should be sent (if that address is different or if no address is shown in the register); and
(f) the electoral number of the objector.
(2) An objection shall be made in writing and be signed and dated by the person objecting.
(3) In this Part of these Regulations “objection” includes representations made against an application for registration under section 13A(1)(a) of the 1983 Act.
(1) An entry on the list of applications for registration kept under regulation 30(2)(a) and any objection to a person’s registration shall be made available for inspection at the registration officer’s office until the application to which the entry relates or objection has been determined by the registration officer.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The registration officer shall discharge his functions of determining an application for registration under section 10A(1)(a) or 13A(1)(a) of the 1983 Act and an objection under section 10A(3) of that Act in accordance with this regulation and regulations 31 to 33 .
(2) The registration officer must keep separate lists of—
(a) applications for registration;
(b) objections made before the person against whom the objection is made is entered in the register;
(c) objections made after the person against whom the objection is made is entered in the register.
(3) On receipt of an application the registration officer must enter the name and (if included in the application) nationality of the applicant and the address claimed as his qualifying address in the list he keeps in pursuance of paragraph (2)(a).
(3A) Paragraph (3) does not apply to an application accompanied by an application for an anonymous entry.
(4) On receipt of an objection made before the person against whom the objection is made is entered in the register, the registration officer must enter—
(a) in the list he keeps in pursuance of paragraph (2)(b), the name and qualifying address of the objector together with the particulars referred to in paragraph (3); and
(b) in the list he keeps in pursuance of paragraph (2)(a), the particulars of the objection.
(5) On receipt of any other objection, the registration officer must enter the name and qualifying address of the objector together with the particulars referred to in paragraph (3) in the list he keeps in pursuance of paragraph (2)(c).
(6) The registration officer may request in writing further information and take no further action until such information is supplied, if he is of the opinion that the particulars given in the application or objection are insufficient.
(7) Subject to paragraph (7A), the registration officer may allow an application without a hearing provided that no objection is made within five days beginning with the day following the entry of the application in the list of applications.
(7A) In the case of an application for registration accompanied by an application for an anonymous entry, the registration officer may allow the application for registration without a hearing at any time.
(8) The registration officer may disallow an objection if he is of opinion that the objector is not entitled to object and he shall so inform the objector.
(9) The registration officer may disallow an objection without a hearing if he is of the opinion that the objection is clearly without merit.
(10) Where the registration officer disallows an objection under paragraph (9), he must send to the objector a notice in writing stating that the objection has been disallowed on that basis and the grounds for his opinion.
(11) An objector may require the objection to be heard by giving notice in writing to the registration officer within three days from the date of the notice given under paragraph (10).
(12) A notification under paragraph (11) is not to prevent the application to which the objection relates from being allowed.
(13) The registration officer may send to the applicant or objector a notice in writing stating his opinion that an application or objection cannot be allowed because—
(a) the matter has been concluded by the decision of a court, or
(b) the particulars given in the application or objection do not entitle the applicant or objector to succeed.
(14) In cases to which paragraph (13) applies, the registration officer shall state the grounds for his opinion and that he intends to disallow the application or objection unless that person gives the registration officer notice in writing within three days from the date of the registration officer’s notice that he requires the application or objection to be heard; and if he receives no such notice within that time, he may disallow the application or objection.
(15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The registration officer shall, unless he allows the application or disallows the objection under regulation 30 , send a notice in writing —
(a) in the case of an application, to the person making the application; and
(b) in the case of an objection, to the objector and person against whom an objection is made.
(2) A notice issued under paragraph (1) shall state—
(a) the time and place at which he proposes to hear the application or objection;
(b) the name and address of the objector and the grounds of the objection (in the case of the notice sent to the person against whom an objection is made).
(3) The time fixed for the hearing of an application or objection shall not be earlier than the third day or later than the seventh day after the date of the notice referred to in paragraph (1).
The Representation of the People (Northern Ireland) Regulations 2008 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-2008-1741
Contains public sector information licensed under the Open Government Licence v3.0.
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