C31C76C77C79C78C80C81 Part I Parliamentary and Local Government Franchise and its Exercise

Annotations:
Modifications etc. (not altering text)

Registration of parliamentary and local government electors

8 Registration officers.

1

For the registration of electors there shall be electoral registration officers (in this Act referred to as “registration officers”).

C12

In England F1. . .—

a

the council of every district and London borough shall appoint an officer of the council to be registration officer for any constituency or part of a constituency coterminous with or situated in the district or borough, and

F63b

in relation to any constituency part of which consists of some or all of the area of the City and the Inner and Middle Temples, the Common Council shall appoint an officer to be registration officer for that part of the constituency.

F22A

In Wales, the council of every county or county borough shall appoint an officer of the council to be registration officer for any constituency or part of a constituency coterminous with or situated in the area of the council.

F33

In Scotland, every local authority shall appoint an officer of the authority for their area or for any adjoining area, or an officer appointed by any combination of local authorities, to be registration officer for any constituency or part of a constituency which is situated within their area.

4

In Northern Ireland, the Chief Electoral Officer for Northern Ireland is the registration officer for each constituency.

C2C3C7F49 Registers of electors.

1

Each registration officer shall maintain—

a

a register of parliamentary electors for each constituency or part of a constituency in the area for which he acts; and

b

a register of local government electors for the local government areas or parts of local government areas included in the area for which he acts.

C4C592

F90Subject to any other provision of this Act, each register shall contain—

F91a

the names of persons who appear to the registration officer to be entitled to be registered in it and in respect of whom a successful application for registration has been made;

C5C8b

(subject to any prescribed exceptions) the qualifying addresses of the persons registered in it; and

c

in relation to each such person, that person’s electoral number.

C63

A person’s electoral number is such number (with or without any letters) as is for the time being allocated by the registration officer to that person as his electoral number for the purposes of the register in question.

C64

Electoral numbers shall be allocated by a registration officer in such a way as to ensure, so far as is reasonably practicable, that in each separate part of a register the numbers run consecutively.

5

The registers of parliamentary electors and of local government electors shall so far as practicable be combined, the F5entries of persons registered only as parliamentary electors or local government electors being marked to indicate that fact.

F1355A

In relation to the registration of local government electors in Scotland, the entry in the combined registers of any person aged 16 or 17 who is registered only as a local government elector must give the date on which the person will attain the age of 18.

F726

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C67

Where under this section two or more registration officers maintain registers of parliamentary electors in respect of different parts of the same constituency, then in relation to that constituency any reference in this Act (whether express or implied) to the register of parliamentary electors for a constituency shall be read—

a

as a reference to one of those registers, or

b

in relation to one of those registration officers, as the register maintained by him,

as the context may require.

C68

In this Act—

a

any reference, in relation to a registration officer, to “his” registers is a reference to the registers maintained by him under this section; and

b

“qualifying address”, in relation to a person registered in a register of electors, is the address in respect of which he is entitled to be so registered.

C47E39AF55Registration officers: duty to take necessary steps

1

Each registration officer must take all steps that are necessary for the purpose of complying with his duty to maintain the registers under section 9 above F92and F129—

a

in the case of a registration officer in Great Britain, for the purpose of securing that, so far as is reasonably practicable, persons who are entitled to be registered in a register (and no others) are registered in it, and

b

in the case of the Chief Electoral Officer for Northern Ireland, for the purpose of meeting the relevant registration objectives.

2

The steps include—

F178za

for the purposes of a register of parliamentary electors in Great Britain, or a register of local government electors in England F186or Wales, sending to any address at least one communication to be used for the canvass under section 9D below;

a

sending more than once to any address the form to be used for the canvass under F93section 9DF179(in the case of the canvass for the purposes of a register of local government electors in Scotland F187... ) or the canvass under section 10;

b

making on one or more occasions house to house inquiries under F130section 9D(5) or 10(5);

F180ba

for the purposes of a register of parliamentary electors in Great Britain, or a register of local government electors in England F188or in Wales, making on one or more occasions contact with persons by telephone;

c

making contact by such other means as the registration officer thinks appropriate with persons who do not have an entry in a register;

d

inspecting any records held by any person which he is permitted to inspect under or by virtue of any enactment or rule of law;

e

providing training to persons under his direction or control in connection with the carrying out of the duty.

F1362A

In relation to the registration of local government electors in Scotland, subsections (1) and (2)(b) do not require a registration officer to make house to house inquiries in relation to any person under the age of 16.

3

Regulations made by the Secretary of State may amend subsection (2) by—

a

varying any of the paragraphs in that subsection;

b

inserting any paragraph;

c

repealing any paragraph.

E5C57C48C609BF56Anonymous registration

F941

An application under this section (an application for an anonymous entry) may be made—

a

by any person, in conjunction with an application for registration under section 10ZC F77or 10A(1)(a), or

b

by a person who already has an anonymous entry, for the purposes of remaining registered with such an entry (see section 9C(3)).

1A

An application for an anonymous entry must be made in accordance with prescribed requirements and must be accompanied by—

a

a declaration made in accordance with prescribed requirements, and

b

such evidence in support as may be prescribed.

2

A registration officer who receives an application for an anonymous entry must determine whether the safety test is satisfied (unless, in the case of an application under subsection (1)(a), the person's application for registration has been rejected otherwise than by virtue of this section).

3

If the registration officer determines that the safety test is satisfied—

a

section 9(2) above does not apply in relation to the person; and

b

the person's entry in the register shall instead contain letters in the prescribed form and his electoral number.

4

An entry containing the matters mentioned in subsection (3)(b) above is referred to in this Act as an anonymous entry.

5

If an anonymous entry is made in respect of a person F95as the result of an application under subsection (1)(a), the registration officer shall remove any other entry in the register for that person.

F966

If a person makes an application under subsection (1)(a) and the registration officer determines that the safety test is not satisfied, no entry is to be made in the register as a result of the person's application under section 10ZC F78or 10A(1)(a) (whether an anonymous entry or otherwise).

7

Subsection (6) above does not affect—

a

any other entry in the register for the person;

b

the determination of any further application for registration which is made by the person F79(including an application which is treated as having been made by him by virtue of section 10A(2) below)F97...

C398

Any communication sent by a registration officer or the returning officer for any election to a person who has an anonymous entry (A) must be sent in an envelope or other form of covering so as not to disclose to any other person that A has an anonymous entry.

9

F6Subsection (8) does not apply to a communication relating only to a local government election in Scotland.

10

The safety test is satisfied if the safety of the applicant for an anonymous entry or that of any other person of the same household would be at risk if the register contains the name of the applicant or his qualifying address.

11

In this section, “determines” means determines in accordance with regulations.

E4C58C49C619CRemoval of anonymous entry

1

If a person has an anonymous entry in a register F80maintained by a registration officer in Great Britain, his entitlement to remain registered F98... terminates—

a

at the end of the period of 12 months beginning with the date when the entry in the register first takes effect, or

b

if the declaration made for the purposes of section 9B is cancelled at any time before the expiry of that 12 month period, at the time when the declaration is cancelled.

F811A

If a person (“P”) has an anonymous entry in a register maintained by the Chief Electoral Officer for Northern Ireland, P’s entitlement to remain registered terminates at the end of such period of five years or less beginning with the relevant date, as that officer determines in relation to P.

1B

But if, at any time before the expiry of the period determined under subsection (1A)—

a

the declaration made for the purposes of section 9B is cancelled, or

b

the Chief Electoral Officer determines that the safety test is no longer satisfied,

P’s entitlement to remain registered terminates at that time.

1C

In subsection (1A) “the relevant date” means—

a

where P’s anonymous entry is the result of an application under section 9B(1)(a), the date when P’s entry in the register first takes effect; or

b

where P’s anonymous entry is the result of an application under section 9B(1)(b), the date when the Chief Electoral Officer determines under section 9B(2) that the safety test is satisfied.

1D

Subsection 9B(10) (meaning of “safety test”) applies for the purposes of subsection (1B) (treating references to the applicant for an anonymous entry as references to P).

1E

A determination under subsection (1A) or (1B) must be made in accordance with regulations.

2

F82This section does not affect the application of any other provision of this Act or of the Representation of the People Act 1985 which has the effect that the person's entitlement to registration terminates before F84the time at which it would terminate under this section.

3

If a person's entitlement to remain registered terminates by virtue of F83this section, the registration officer concerned shall remove his entry from the register, unless he is entitled to remain registered with an anonymous entry in pursuance of F99... a further application under section 9B.

C629DF86Maintenance of registers: duty to conduct canvass in Great Britain

1

Each registration officer in Great Britain must conduct an annual canvass in relation to the area for which the officer acts.

2

The purpose of the canvass is to ascertain—

a

the names and addresses of persons who are entitled to be registered in a register maintained by the officer but who are not registered;

b

those persons who are registered in such a register but who are not entitled to be registered.

C71C74C753

The canvass is to be conducted in a manner to be set out in regulations.

4

The regulations may confer functions on the Electoral Commission (for example, the Commission may be required to design a canvass form F181or, except for the purposes of a register of local government electors in Scotland F189... , one or more canvass communications).

5

A registration officer may make house to house inquiries for the purposes of the canvass, for example—

a

to obtain information before sending out a canvass form F182or communication,

F183aa

except for the purposes of a register of local government electors in Scotland F190... , to obtain the information required by a canvass form,

b

to supplement information provided on a canvass form F184or communication, or

c

to obtain information where no canvass form F185or communication is returned.

6

Nothing in this section applies in relation to—

a

the registration of persons in respect of residence in penal institutions (within the meaning of section 3) or mental hospitals (within the meaning of section 7) or other places at which persons to whom section 7A applies may be detained,

b

the registration of persons in pursuance of declarations of local connection, service declarations or overseas electors' declarations, or

c

the registration of persons with anonymous entries in the register.

9EF87Maintenance of registers: invitations to register in Great Britain

1

A registration officer in Great Britain must give a person an invitation to apply for registration in a register maintained by the officer if—

a

the officer is aware of the person's name and address,

b

the person is not registered in the register, and

c

the officer has reason to believe that the person may be entitled to be registered in the register.

2

Regulations may make provision about invitations under subsection (1), including—

a

provision about the form and contents of invitations;

b

provision about the giving of invitations (for example, provision about the manner in which they must be given or how often they must be given);

c

provision requiring invitations to be accompanied by, or combined with, application forms or other documents (including partially completed application forms).

3

Regulations under subsection (2) may confer functions on the Electoral Commission (for example, the Commission may be required to design an invitation).

4

A registration officer who gives a person an invitation under subsection (1) may subsequently require the person to make an application for registration by a specified date.

5

A requirement under subsection (4) is of no effect if the person is not entitled to be registered.

6

Regulations—

a

may make provision about requirements under subsection (4) (including provision for them to be cancelled in specified circumstances);

b

may specify steps that a registration officer must take before imposing a requirement.

7

A registration officer may impose a civil penalty on a person who fails to comply with a requirement imposed by the officer under subsection (4).

F1377A

In relation to the registration of local government electors in Scotland, subsection (7) does not apply to a person who was under the age of 16 at the time the requirement was imposed.

8

For more about civil penalties under this section, see Schedule ZA1.

C9C50F810 Maintenance of registers: F7duty to conduct canvassF107in Northern Ireland.

F1001

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F91A

The Chief Electoral Officer for Northern Ireland must conduct a canvass in Northern Ireland in such years as are determined in accordance with section 10ZA.

C432

The canvass F10under subsection F101... (1A) shall be conducted by reference to residence on 15th October in F11the year in which it is conducted.

3

A canvass F102under this section shall not, however, be concerned with—

a

the registration of persons in respect of residence in penal institutions (within the meaning of section 3 above) or mental hospitals (within the meaning of section 7 above) or other places at which persons to whom section 7A above applies may be detained; or

b

the registration of persons in pursuance of—

i

declarations of local connection,

ii

service declarations, or

iii

overseas electors’ declarationsF12; or

c

the registration of persons with anonymous entries in the register.

F1034

The form to be used for the purposes of a canvass under this section must F128comply with such requirements as to its form or content as shall be prescribed by the Secretary of State after having consulted the Electoral Commission.

F134A

Subject to subsection (4B) below, the information to be obtained by the use of such a form F104... shall include—

a

the signature of each of the persons in relation to whom the form is completed;

b

the date of birth of each such person; and

c

in relation to each such person—

i

his national insurance number or a statement that he does not have one,

F131ii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

iii

any address in the United Kingdom in respect of which he is or has applied to be registered (other than the address in respect of which the form is completed),

and the power in subsection (4) above to F73prescribe requirements includes power to give effect to the requirements of this subsection.

4B

The Chief Electoral Officer for Northern Ireland may dispense with the requirement mentioned in subsection (4A)(a) above in relation to any person if he is satisfied that it is not reasonably practicable for that person to sign in a consistent and distinctive way because of F14blindness or any other disability of his or because he is unable to read.

F744BA

If requested to do so by the Secretary State for the purposes of making regulations under subsection (4), the Electoral Commission must design a form for the purposes of a canvass under this section.

5

In connection with a canvass F105under this section the Chief Electoral Officer for Northern Ireland may, for the purpose of—

a

supplementing the information obtained by the use of any such form, or

b

where any such form has not been returned, obtaining any information designed to be obtained by the use of the form,

make such house to house inquiries as he thinks fit.

6

On the conclusion of a canvass F106under this section the Chief Electoral Officer for Northern Ireland shall make such alterations in his registers as fall to be made in accordance with section 10A below as a result of the canvass.

7

In this section “residence” means residence for the purposes of section 4 above.

C1010ZAF57Northern Ireland: timing of canvass

1

A canvass under section 10(1A) must be conducted in—

a

the year 2010, unless the Secretary of State makes an order providing that the requirement in this paragraph does not apply;

b

every tenth year following 2010.

2

A canvass under section 10(1A) must be conducted in an intervening year if—

a

on or before 15th April in that year, the Chief Electoral Officer for Northern Ireland has made a recommendation in favour of a canvass being conducted in that year for the purpose of meeting the relevant registration objectives, and

b

the Secretary of State, having considered the recommendation, has notified the Chief Electoral Officer that he is satisfied that the public interest requires a canvass to be conducted for that purpose.

3

If no canvass under section 10(1A) is conducted before the end of 2015, a canvass must be conducted in 2016.

4

“Intervening year” means a year other than—

a

2010,

b

every tenth year following 2010, and

c

if no canvass under section 10(1A) is conducted before the end of 2015, 2016.

5

The Secretary of State may not make an order under subsection (1)(a) unless—

a

on or before 15th April 2010, the Chief Electoral Officer for Northern Ireland has made a recommendation against a canvass being conducted in the year 2010 for the purpose of meeting the relevant registration objectives, and

b

the Secretary of State, having considered the recommendation, is satisfied that the public interest does not require a canvass to be conducted for that purpose.

6

The power to make an order under subsection (1)(a) is exercisable by statutory instrument.

7

No order is to be made under subsection (1)(a) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

8

“Recommendation” means a written recommendation to the Secretary of State.

C1110ZBF58The relevant registration objectives (Northern Ireland)

1

The relevant registration objectives are to secure, so far as reasonably practicable—

a

that every person who is entitled to be registered in a register is registered in it,

b

that no person who is not entitled to be registered in a register is registered in it, and

c

that none of the required information relating to any person registered in a register is false.

2

But, in applying subsection (1), the registrations of the persons mentioned in section 10(3) (registrations with which a canvass is not concerned) must be disregarded.

3

“Register” means a register maintained by the Chief Electoral Officer for Northern Ireland under section 9.

4

“The required information” means the following (as appearing in the register or other records of the Chief Electoral Officer)—

a

the person's name;

b

the person's qualifying address;

c

the person's date of birth;

d

subject to F168subsection (5), the person's signature;

e

the person's national insurance number or a statement that he does not have one.

5

The required information does not include the person's signature if—

a

the Chief Electoral Officer has dispensed with the requirement to provide a signature, F66... F169or

F170aa

the registration was made following an application for registration submitted through the UK digital service.

F66b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F676

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

“False”, in relation to a signature, means that the signature is not the usual signature of, or was written by a person other than, the person whose signature it purports to be.

F1717A

In subsection (5)(aa), “the UK digital service” has the same meaning as in section 10ZF, and the reference to an application for registration submitted through the UK digital service shall be construed in accordance with subsection (4) of that section.

F688

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10ZCF85Registration of electors in Great Britain

1

A registration officer in Great Britain must enter a person (“P”) in a register maintained by the officer if—

a

an application for registration is made by someone who appears to the officer to be P,

b

any requirements imposed by or under this Act in relation to the application are met, and

c

P appears to the officer to be entitled to be registered in the register.

2

In determining an application under this section, the officer must consider any objection made in accordance with the prescribed requirements by another person whose name appears in the register.

3

Regulations may make provision about the procedure for determining applications under this section.

F1544

The power to make regulations under F156this section—

a

so far as it is exercisable by a Minister of the Crown to make provision about a UK digital service in relation to elections in Scotland, is exercisable by the Scottish Ministers concurrently with that MinisterF157, and

b

so far as it is exercisable by a Minister of the Crown to make provision about a UK digital service in relation to elections in Wales, is exercisable by the Welsh Ministers concurrently with that Minister.

5

The power of the Scottish Ministers to make regulations by virtue of subsection (4) is exercisable in the same ways and subject to the same provisions as their power to make other regulations under this section, except that—

a

the power is not exercisable without the agreement of a Minister of the Crown, and

b

regulations made in exercise of the power are subject to the negative procedure.

F1585A

The power of the Welsh Ministers to make regulations by virtue of subsection (4) is not exercisable without the agreement of a Minister of the Crown.

5B

A statutory instrument containing regulations made by the Welsh Ministers by virtue of subsection (4) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

6

In this section—

  • “election in Scotland” means—

    1. a

      an election for membership of the Scottish Parliament, or

    2. b

      a local government election in Scotland;

  • F159“election in Wales” means—

    1. a

      an election of Assembly members, or

    2. b

      a local government election in Wales;

  • “UK digital service” means a digital service provided by a Minister of the Crown for the registration of electors.

10ZDF88Registration of electors in Great Britain: alterations

1

A registration officer in Great Britain must alter the name or address in respect of which a person (“P”) is registered in a register maintained by the officer if—

a

an application for alteration is made by someone who appears to the officer to be P,

b

any requirements imposed by or under this Act in relation to the application are met, and

c

P appears to the officer to be entitled to be registered in the register in respect of the new name or the new address (as the case may be).

2

In determining an application under this section, the officer must consider any objection made in accordance with the prescribed requirements by another person whose name appears in the register.

3

Regulations may make provision about the procedure for determining applications under this section.

F1554

The power to make regulations under F160this section—

a

so far as it is exercisable by a Minister of the Crown to make provision about a UK digital service in relation to elections in Scotland, is exercisable by the Scottish Ministers concurrently with that MinisterF161, and

b

so far as it is exercisable by a Minister of the Crown to make provision about a UK digital service in relation to elections in Wales, is exercisable by the Welsh Ministers concurrently with that Minister.

5

The power of the Scottish Ministers to make regulations by virtue of subsection (4) is exercisable in the same ways and subject to the same provisions as their power to make other regulations under this section, except that—

a

the power is not exercisable without the agreement of a Minister of the Crown, and

b

regulations made in exercise of the power are subject to the negative procedure.

F1625A

The power of the Welsh Ministers to make regulations by virtue of subsection (4) is not exercisable without the agreement of a Minister of the Crown.

5B

A statutory instrument containing regulations made by the Welsh Ministers by virtue of subsection (4) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

6

In this section “election in Scotland”F163, “election in Wales” and “UK digital service” have the same meaning as in section 10ZC.

10ZEF88Removal of electors in Great Britain from register

1

Where a person is entered in a register in respect of an address in Great Britain, the person is entitled to remain registered until the registration officer concerned determines that—

a

the person was not entitled to be registered in respect of the address,

b

the person has ceased to be resident at the address or has otherwise ceased to satisfy the conditions for registration set out in section 4, or

c

the person was registered as the result of an application under section 10ZC made by some other person or the person's entry has been altered as the result of an application under section 10ZD made by some other person.

2

Where a person's entitlement to remain registered terminates by virtue of subsection (1), the officer must remove the person's entry from the register.

3

A registration officer may make house to house inquiries for the purpose of deciding whether or not to make a determination under subsection (1).

4

Regulations may make provision about the procedure for making determinations under subsection (1), which may include provision requiring an officer to take prescribed steps before making a determination.

5

A registration officer in Great Britain must consider whether to make a determination under subsection (1) if the officer—

a

receives an objection to a person's registration in a register maintained by the officer, or

b

otherwise becomes aware of information that causes the officer to suspect that a condition in subsection (1)(a) to (c) may be met in relation to a person's entry in such a register.

6

Subsection (5)(a)—

a

applies only if the objection to the person's registration is made in accordance with the prescribed requirements by someone whose name appears in the register, and

b

does not apply if the person has an anonymous entry in the register.

7

Nothing in this section applies in relation to the registration of persons in pursuance of—

a

applications for registration made by virtue of section 7(2) or 7A(2), or

b

declarations of local connection, service declarations or overseas electors' declarations.

8

In this section “resident” means resident for the purposes of section 4.

10ZFF172Digital registration in Northern Ireland

1

The Minister of the Crown responsible for providing the UK digital service shall have the following functions in connection with providing that service—

a

acting as an intermediary for the purposes of the receipt of online applications for registration in respect of addresses in Northern Ireland on behalf of the Chief Electoral Officer for Northern Ireland;

b

the transmission of such applications to the Chief Electoral Officer.

2

Where it is possible for electronic communications or electronic storage to be used for any of the purposes specified in subsection (3), such communication or storage may, subject to any enactment (including any conditions imposed by any enactment), be used instead of any other form of communication or storage.

3

The purposes are—

a

the exercise by the Minister of the Crown responsible for providing the UK digital service of any function conferred on the Minister—

i

by subsection (1), or

ii

under paragraph 1A of Schedule 2 in connection with applications for registration in respect of addresses in Northern Ireland;

b

anything done through the UK digital service in connection with an application for registration in respect of an address in Northern Ireland.

4

In this section—

  • “electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000;

  • “enactment” includes subordinate legislation;

  • “the UK digital service” means a digital service provided by a Minister of the Crown for the registration of electors, and the reference in subsection (3)(b) to anything done through the UK digital service shall be read as a reference to anything done using that service as an intermediary.

F15C12C13C5110AMaintenance of the registers: registration of electors F120in Northern Ireland.

1

F108The Chief Electoral Officer for Northern Ireland shall determine all applications for registration which are—

a

made to him in accordance with the prescribed requirements, or

b

treated as made to him by virtue of subsection (2) below.

F1641ZA

A person who makes an application for registration in respect of an address in Northern Ireland may submit it through the UK digital service, unless it is an application in pursuance of—

a

residence determined in accordance with section 6 (residence: merchant seamen),

b

a declaration of local connection, or

c

an overseas elector’s declaration.

F161A

Subject to F165subsections (1B) and (1C) below, an application for registration in respect of an address in Northern Ireland shall include—

a

the signature of each of the persons to whom the application relates;

b

the date of birth of each such person; and

c

in relation to each such person—

i

his national insurance number or a statement that he does not have one,

F132ii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

iii

any other address in the United Kingdom in respect of which he is or has applied to be registered,

and the power in subsection (1) above to prescribe requirements includes power to give effect to the requirements of this subsection.

1B

The Chief Electoral Officer for Northern Ireland may dispense with the requirement mentioned in subsection (1A)(a) above in relation to any person if he is satisfied that it is not reasonably practicable for that person to sign in a consistent and distinctive way because of F17blindness or any other disability of his or because he is unable to read.

F1661C

The requirement mentioned in subsection (1A)(a) does not apply to an application submitted through the UK digital service.

2

Where—

a

in connection with a canvass under section 10 above, the form completed in respect of any address specifies any person as a person who is entitled to be registered in a register, and

b

that person is not for the time being registered in the register in respect of that address,

he shall be treated as having madeF18. . . an application for registration in the register in respect of that address.

C41F192A

The application referred to in subsection (2) above shall F109... be treated as made on the 15th October in the year in question.

3

F110The Chief Electoral Officer for Northern Ireland shall also determine all objections to a person’s registration F111in Northern Ireland made in accordance with the prescribed requirements by another person whose name appears in the register in question.

F203A

Subsection (3) above applies to an objection to a person's registration whether the objection is made before or after the person is registered in the register.

F763B

No objection to a person's registration may be made if the person has an anonymous entry in the register.

4

Subsections (1) and (3) above apply to applications and objections F112in Northern Ireland asking—

a

for the omission, insertion or alteration of a date as that on which a person will become of voting age and entitled to registration, or

b

for the alteration of the qualifying address in respect of which a person is registered,

as they apply to applications for registration and objections to a person’s registration respectively.

5

F21Subject to subsection (5A) below, where F22... a person (“the elector”) is F23. . . entered in a register in respect of any address F113in Northern Ireland, the elector is entitled to remain registered in the register in respect of that address until such time as F114the Chief Electoral Officer for Northern Ireland—

C42a

determines, on the conclusion of a canvass under section 10 above, that the elector was not resident at that address on the 15th October in question, or that because—

i

the form mentioned in section 10(4) above was not returned in respect of that address, or

ii

for any other reason, insufficient information was obtained as to whether the elector was resident at that address on that date,

F115the Officer is unable to satisfy himself that the elector was then so resident at that address, or

F24b

determines that the elector was not entitled to be registered in respect of that address or that he has ceased to be resident at that address or has otherwise ceased to satisfy the conditions for registration set out in section 4 above.

F255A

A person’s name is to be removed from the register in respect of any address if—

a

the form mentioned in section 10(4) above in respect of that address does not include all the information relating to him required by virtue of section 10(4A) above; or

b

F116the Chief Electoral Officer for Northern Ireland determines that he is not satisfied with the information relating to that person which was included in that form pursuant to that requirement.

F265B

F117The Chief Electoral Officer for Northern Ireland may, for the purpose of obtaining any information relevant to a determination under subsection (5)(b) above, make such house to house inquiries as he thinks fit.

C466

Where the entitlement of a person to remain registered in a register in respect of any address terminates by virtue of subsection (5) above, F27or his name is to be removed from it by virtue of subsection (5A) above,F118the Chief Electoral Officer for Northern Ireland shall remove that person’s entry from the register once the officer has satisfied any prescribed requirements applying in relation to the removal of that entry.

7

Subsection (6) above does not apply if, or to the extent that, regulations so provide in relation to any prescribed circumstances; and regulations may, in particular, authorise F119the Chief Electoral Officer for Northern Ireland to retain entries in his registers for the prescribed period if he thinks fit in cases where the form mentioned in section 10(4) above has not been returned in respect of any address.

8

Nothing in subsection (5)F28, (5A) or (6) applies in relation to the registration of persons in pursuance of—

a

applications for registration made by virtue of section 7(2) or 7A(2) above; or

b

declarations falling within section 10(3)(b) above.

9

In this section—

  • “determines” means determines in accordance with regulations;

  • “resident” means resident for the purposes of section 4 above.

  • F167“the UK digital service” has the same meaning as in section 10ZF, and references to an application submitted through the UK digital service shall be construed in accordance with subsection (4) of that section.

10BF173Register of electors in Northern Ireland: digital registration number

1

Where, following receipt of an application for registration in respect of an address in Northern Ireland submitted through the UK digital service, the Chief Electoral Officer for Northern Ireland determines that the applicant is entitled to be registered in the register, the Chief Electoral Officer shall allocate a unique reference number (“a digital registration number”) to the applicant, if no such number has previously been allocated to that person.

2

Subsection (3) applies—

a

where a digital registration number has been allocated to an applicant under subsection (1), or

b

where, following an application for registration in respect of an address in Northern Ireland submitted through the UK digital service by a person to whom a digital registration number has previously been allocated, the Chief Electoral Officer determines that the applicant’s registration in the register is to be amended in accordance with the application.

3

Where this subsection applies, the Chief Electoral Officer shall send the applicant a notification by post of the digital registration number allocated to that applicant together with an explanation of—

a

the fact that the digital registration number is required for an application for an absent vote pursuant to section 6(1)(bba)(ii) or 7(1)(bba)(ii) of the Representation of the People Act 1985, and

b

how a further notification of the digital registration number may be obtained if the applicant requires it.

4

If, after a notification has been sent to a person under subsection (3) or a further notification issued under subsection (6), the person requires a further notification of the digital registration number the person may apply to the Chief Electoral Officer for Northern Ireland for a further notification of the number.

5

An application under subsection (4) must set out—

a

the applicant’s—

i

name,

ii

date of birth, and

iii

national insurance number or a statement that the applicant does not have one (giving the reason why), and

b

the address in respect of which the applicant is, or has applied to be, registered.

6

Where the Chief Electoral Officer for Northern Ireland is satisfied that the information contained in an application under subsection (4) corresponds with the information held by the Chief Electoral Officer in relation to the applicant, the Chief Electoral Officer shall issue a further notification of the digital registration number to the applicant.

7

A further notification under subsection (6) shall be issued by—

a

giving it to the applicant in person, or

b

sending it to the applicant—

i

by post, or

ii

if the applicant has given an email address in the application for registration, by email to that address.

8

A notification or further notification by post pursuant to subsection (3) or (7)(b)(i) shall be sent—

a

in the case of a person who is registered, or has made an application for registration, in pursuance of a service declaration, to the address given on the application form as the person’s present address or, if the Chief Electoral Officer is satisfied the applicant has moved to another address, to that address, or

b

in any other case, to the address in respect of which the person is, or is entitled to be, registered.

9

In this section, “the UK digital service” has the same meaning as in section 10ZF, and references to an application for registration submitted through the UK digital service shall be construed in accordance with subsection (4) of that section.

F2911. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3012. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C14C15C16F3113 Publication of registers.

C44C63F321

Each registration officer must for each year publish a revised version of his registers—

C17a

if there is a canvass in his area in that year, during the period starting with the end of the canvass in that year and ending with 1st December in that year or such later date as may be prescribed, or

b

if (in Northern Ireland) there is no canvass in that year, on 1st December in that year or by such later date as may be prescribed.

C45C64F331A

Subsection (1)(a) above has effect, in the case of a registration officer acting for an area in which (or in part of which) an election to which section 13B below applies is held during the period—

a

starting with 1st July in the year in question, and

b

ending with 1st December in that year,

as if for “1st December in that year” there were substituted 1st February in the following year.

2

The revised versions of the registers shall incorporate—

a

all the alterations which are required to be made in them as mentioned in section 10(6) above; and

b

any alterations which are required to be made by virtue of section 13A(3) F121or (3A) below.

3

A registration officer may in addition, if he thinks fit, publish a revised version of either of his registers at any time between—

a

the time when the register was last published in accordance with subsection (1) above, and

b

the time when it is due to be next so published;

and a registration officer proposing to publish a revised version of a register in accordance with this subsection must publish notice of his intention to do so by such time and in such manner as may be prescribed.

4

When revising a register for publication under this section the registration officer shall make such changes affecting the electoral numbers of persons registered in the register as he considers necessary in order to comply with section 9(4) above.

5

Where a revised version of a register is published at any time under this section, the register has effect in the form in which it is so published as from that time until the time when—

a

a revised version is next so published, or

b

if earlier, any alteration to the register takes effect under F34any of sections 13A to F13913BC below.

6

Any reference in this section or section 13A below to the publication of a revised version of the register is to its publication in accordance with regulations made in pursuance of paragraphs 10A and 10B(1)(a) of Schedule 2 to this Act.

C18C19C20C21C52C6513AF35Alteration of registers.

1

This section applies where, at any time (“the relevant time”) after the publication of a revised version of a register by a registration officer under section 13 above, the registration officer—

F122za

is required by section 10ZC(1) to enter a person in the register;

zb

is required by section 10ZD(1) to alter a person's entry in the register;

a

on an application for registration F123in Northern Ireland being made by any person in accordance with the prescribed requirements, determines that that person is entitled to be so registered;

b

is required, by virtue of any provision of this Part of this Act, to remove a person’s entry from the register;

c

is notified of any decision on an appeal by virtue of section 56 F36or 58 below which requires any such alteration in the register as is mentioned in subsection (4) of that section; or

d

determines that the register contains any clerical error F89or, in the case of a registration officer in Great Britain, determines that the register contains any information that is incorrect.

C842

In such a case the registration officer shall (subject to subsection (3) below) issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and—

a

the notice shall be so issued by him—

i

on the first day of the month which follows that in which the relevant time falls, or

ii

if that day is less than 14 days after that time, on the first day of the month immediately following that month; and

b

(subject to F37sections 13B(1) and 13BA(1) below) the alteration in question shall have effect as from the beginning of the day on which the notice is issued.

F1742ZA

A person who makes an application under subsection (1)(a) in respect of an address in Northern Ireland may submit it through the UK digital service, unless it is an application in pursuance of—

a

residence determined in accordance with section 6 (residence: merchant seamen),

b

a declaration of local connection, or

c

an overseas elector’s declaration.

F382A

Subject to F175subsections (2B) and (2C) below, an application for registration under subsection (1)(a) above in respect of an address in Northern Ireland shall include—

a

the signature of each of the persons to whom the application relates;

b

the date of birth of each such person; and

c

in relation to each such person—

i

his national insurance number or a statement that he does not have one,

F133ii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

iii

any other address in the United Kingdom in respect of which he is or has applied to be registered,

and the power in subsection (1)(a) above to prescribe requirements includes power to give effect to the requirements of this subsection.

2B

The Chief Electoral Officer for Northern Ireland may dispense with the requirement mentioned in subsection (2A)(a) above in relation to any person if he is satisfied that it is not reasonably practicable for that person to sign in a consistent and distinctive way because of any incapacity of his or because he is unable to read.

F1762C

The requirement mentioned in subsection (2A)(a) does not apply to an application submitted through the UK digital service.

3

Subsection (2) above does not require a registration officer to issue a notice under that subsection in a case where (apart from this subsection) that subsection would require the notice to be issued—

a

at the beginning of the month containing the date on which a revised version of the register is next due to be published in accordance with section 13(1) or (3) above, or

C22b

at the beginning of either of the two months preceding that containing the date on which a revised version of the register is next due to be published in accordance with F39section 13(1)(a) above,

and in such a case the alteration in question shall be made in that revised version of the register.

F1243A

Subsection (2)(a)(ii) also does not require a registration officer in Great Britain to issue a notice under subsection (2) in a case where the month which follows that in which the relevant time falls is the month containing the date on which a revised version of the register is next due to be published in accordance with section 13(1)(a); and in such a case the alteration in question shall be made in that revised version of the register.

4

Subsection (2) above also does not require a registration officer to issue a notice under that subsection in a case where section F6913AB(2), 13B(3)F40, (3B) or (3D)F140, 13BA(3), (6) or (9) or 13BC(3) or (6) below requires him to issue a notice under that provision.

5

No alteration affecting a published version of a register of electors shall be made otherwise than in accordance with F41this section, section F7013AB,F125section 13BF141, section 13BA or section 13BC below.

6

For the purposes of subsection (1) above “determines” means determines in accordance with regulations; and section 119 below shall apply for the purposes of subsection (2)(a) above as if it were contained in Part II of this Act.

F1777

In this section, “the UK digital service” has the same meaning as in section 10ZF, and references to an application submitted through the UK digital service shall be construed in accordance with subsection (4) of that section.

C56C68C8313ABF71Alteration of registers: interim publication dates

1

Subsections (2) and (3) apply in relation to an interim publication date where—

a

at any time before the interim publication date, section 13A applies to a registration officer (by virtue of section 13A(1)) in connection with a determination, requirement or decision within section 13A(1)(za), (zb), (b), (c) or (d),

b

in consequence of the determination, requirement or decision an entry relating to a person falls to be made in (or removed from) the register in respect of an address in the relevant election area, and

c

no alteration made in consequence of the determination, requirement or decision has already taken effect, or is due to take effect, under a relevant provision on or before the interim publication date.

2

On the interim publication date the registration officer must issue, in the prescribed manner, a notice specifying the appropriate alteration in the register.

3

The alteration takes effect from the beginning of the interim publication date.

4

There are two interim publication dates (in relation to a registration officer and an election to which this section applies).

5

The first interim publication date is the last day on which nomination papers may be delivered to the returning officer for the purposes of the election.

6

The second interim publication date is to be determined by the registration officer, but must be a day after the first interim publication date and before the appropriate publication date.

7

In subsection (1)(c) “relevant provision” means—

a

in relation to the first interim publication date, section 13A(2) F142or 13BC(3) or (6);

F143b

in relation to the second interim publication date—

i

section 13A(2);

ii

section 13BC(3) or (6);

iii

subsection (3) of this section as it applies in relation to the first interim publication date.

F1447A

In determining for the purposes of subsection (1)(c) whether an alteration made in consequence of the determination, requirement or decision is due to take effect under section 13BC(3) on or before the interim publication date, the reference to section 13AB in section 13BC(2) is to be disregarded.

8

This section applies to—

a

parliamentary elections in England, Wales or Scotland;

b

elections in England, Wales or Scotland to the European Parliament;

c

elections to the Scottish Parliament;

d

elections to the National Assembly for Wales;

e

local government elections in England, Wales or Scotland;

C72f

elections of police and crime commissioners in England and Wales.

9

Subsections (5) and (6) of section 13B apply for the purposes of this section as they apply for the purposes of that section.

F14510

Subsection (2) does not require a registration officer to issue a notice under that subsection in a case where section 13BC(3) or (6) requires the officer to issue a notice under that provision at an earlier time.

F42C23C24E2C25C32C35C37C38C40C53C6913B Alteration of registers: pending elections.

F461

If, by virtue of section 13A(2) above F146or section 13BC(3) or (6) below, an alteration in a published version of a register is to take effect after the fifth day before the date of the poll for an election to which this section applies, the alteration does not have effect for the purposes of the election.

C55C82F472

Subsection (3) below applies where—

a

at any time before the appropriate publication date in the case of an election to which this section applies, section 13A above applies to a registration officer, by virtue of subsection (1) of that section, in connection with a determination, requirement or decision falling within any of F126paragraphs (za), (zb), (b), (c) and (d) of that subsection;

b

in consequence of the determination, requirement or decision an entry relating to a person falls to be made in (or removed from) the register in respect of an address in the relevant election area; and

c

no alteration made in consequence of the determination, requirement or decision—

i

has already taken effect, or

ii

is due to take effect,

under subsection (2) of that sectionF147, or under section 13AB(3) or section 13BC(3) or (6), on or before the fifth day before the date of the poll.

C55C823

In such a case the registration officer shall issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and—

a

the notice shall be so issued by him on the appropriate publication date; and

b

the alteration shall take effect as from the beginning of that day.

C82F1483ZA

In determining for the purposes of subsection (2)(c) whether an alteration made in consequence of the determination, requirement or decision is due to take effect under section 13BC(3) on or before the fifth day before the date of the poll, the reference to section 13B in section 13BC(2) is to be disregarded.

C823ZB

Subsection (3) does not require a registration officer to issue a notice under that subsection in a case where section 13BC(3) or (6) requires the officer to issue a notice under that provision at an earlier time.

C55C82F483A

Subsection (3B) below applies where—

a

at any time on or after the appropriate publication date in the case of an election to which this section applies but before the prescribed time on the day of the poll, section 13A above applies to a registration officer, by virtue of subsection (1) of that section, in connection with a notification mentioned in paragraph (c) of that subsection; and

b

in consequence of the notification—

i

an entry relating to that person falls to be made in the register in respect of an address in the relevant election area, or

ii

his entry in the register requires to be altered.

C55C823B

In such a case the registration officer shall issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and—

a

the notice shall be so issued by him when he receives the notification; and

b

the alteration shall take effect as from the beginning of the day on which the notice is issued.

C55C823C

Subsection (3D) below applies where—

a

at any time on or after the appropriate publication date in the case of an election to which this section applies but before the prescribed time on the day of the poll, section 13A above applies to a registration officer, by virtue of subsection (1) of that section, in connection with a determination falling within paragraph (d) of that subsection;

b

the determination was made following a representation made by or on behalf of a person to the registration officer; and

c

in consequence of the determination—

i

an entry relating to that person falls to be made in the register in respect of an address in the relevant election area, or

ii

his entry in the register requires to be altered.

C55C823D

In such a case the registration officer shall issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and—

a

the notice shall be so issued by him when he makes the determination; and

b

the alteration shall take effect as from the beginning of the day on which the notice is issued.

C55C823E

In subsection (3C)(b) above, “representation” means a representation made in accordance with prescribed requirements to the effect that the register contains a clerical error.

C55C824

This section applies to the following elections—

a

parliamentary elections F43in England, Wales or Scotland,

b

elections F44in England, Wales or Scotland to the European Parliament,

c

elections to the Scottish Parliament,

d

elections to the National Assembly for Wales, F64...

F45e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

f

local government elections in England, Wales or Scotland F65and

C73g

elections of police and crime commissioners in England and Wales.

C55C825

In this section—

  • “the appropriate publication date”, in relation to a registration officer and an election to which this section applies, means either the sixth or the fifth day before the date of the poll, as the registration officer may determine;

  • “the final nomination day”, in relation to such an election, means the last day on which nomination papers may be delivered to the returning officer for the purposes of the election;

  • “the relevant election area”, in relation to a registration officer and such an election, means—

    1. a

      the area for which the registration officer acts, or

    2. b

      if the election is held in only part of that area, the part of that area in question.

C55C826

Section 119 below shall apply for the purposes of this section as if—

a

it were contained in Part II of this Act; and

b

each of the days referred to in this section were the day on which anything is required or permitted to be done by or in pursuance of that Part of this Act.

F42C23C24E1C32C35C38C40C53C67C6913B Alteration of registers: pending elections.

1

An alteration in a published version of a register of electors which takes effect under section 13A(2) above after the final nomination day in the case of an election to which this section applies shall not have effect for the purposes of that election unless the alteration—

a

is made in consequence of a decision or determination falling within section 13A(1)(c) or (d) above; and

b

takes effect on or before the fifth day before the date of the poll.

2

Subsection (3) below applies where—

a

at any time before the appropriate publication date in the case of an election to which this section applies, section 13A above applies to a registration officer, by virtue of subsection (1) of that section, in connection with a decision or determination—

i

falling within subsection (1)(c) or (d) of that section, and

ii

in consequence of which a person’s name falls to be entered in (or removed from) the register in respect of an address in the relevant election area; and

b

no alteration made in consequence of that decision or determination—

i

has already taken effect, or

ii

is due to take effect,

under subsection (2) of that section on or before the fifth day before the date of the poll.

3

In such a case the registration officer shall issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and—

a

the notice shall be so issued by him on the appropriate publication date; and

b

the alteration shall take effect as from the beginning of that day.

4

This section applies to the following elections—

a

parliamentary elections F43in England, Wales or Scotland,

b

elections F44in England, Wales or Scotland to the European Parliament,

c

elections to the Scottish Parliament,

d

elections to the National Assembly for Wales, F64...

F45e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

f

local government elections in England, Wales or Scotland F65and

g

elections of police and crime commissioners in England and Wales.

5

In this section—

  • “the appropriate publication date”, in relation to a registration officer and an election to which this section applies, means either the sixth or the fifth day before the date of the poll, as the registration officer may determine;

  • “the final nomination day”, in relation to such an election, means the last day on which nomination papers may be delivered to the returning officer for the purposes of the election;

  • “the relevant election area”, in relation to a registration officer and such an election, means—

    1. a

      the area for which the registration officer acts, or

    2. b

      if the election is held in only part of that area, the part of that area in question.

6

Section 119 below shall apply for the purposes of this section as if—

a

it were contained in Part II of this Act; and

b

each of the days referred to in this section were the day on which anything is required or permitted to be done by or in pursuance of that Part of this Act.

C26C27C28C36C7013BAF59Alteration of registers in Northern Ireland: pending elections

1

An alteration in a published version of a register of electors which takes effect under section 13A(2) F149or section 13BC(3) or (6) after the final nomination day in the case of an election to which this section applies is of no effect for the purposes of that election unless the alteration—

a

is made in consequence of a decision or determination falling within section 13A(1)(c) or (d), and

b

takes effect on or before the fifth day before the date of the poll.

2

Subsection (3) applies if—

a

at any time before the appropriate publication date in the case of an election to which this section applies, section 13A applies to the Chief Electoral Officer for Northern Ireland (by virtue of section 13A(1)) in connection with a determination or requirement falling within section 13A(1)(a) or (b), and

b

no alteration made in consequence of that determination or requirement—

i

has already taken effect, or

ii

is due to take effect,

under section 13A(2)F150, or section 13BC(3), on or before the final nomination day.

3

If, no later than the prescribed date, the Chief Electoral Officer is supplied with such additional material supporting the alteration as is prescribed, he must, on the appropriate publication date, issue a notice specifying the appropriate alteration in the register.

F1513A

In determining for the purposes of subsection (2)(b) whether an alteration made in consequence of the determination or requirement is due to take effect under section 13BC(3) on or before the final nomination day, the reference to section 13BA in section 13BC(2) is to be disregarded.

3B

Subsection (3) does not require the Chief Electoral Officer to issue a notice under that subsection in a case where section 13BC(3) requires the officer to issue a notice under that provision at an earlier time.

F1344

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

Subsection (6) applies if—

a

at any time before the appropriate publication date in the case of an election to which this section applies, section 13A applies to the Chief Electoral Officer for Northern Ireland (by virtue of section 13A(1)) in connection with a decision or determination falling within section 13A(1)(c) or (d), and

b

no alteration made in consequence of that decision or determination—

i

has already taken effect, or

ii

is due to take effect,

under section 13A(2)F152, or section 13BC(3) or (6), on or before the fifth day before the date of the poll.

6

The Chief Electoral Officer must, on the appropriate publication date, issue a notice specifying the appropriate alteration in the register.

F1536A

In determining for the purposes of subsection (5)(b) whether an alteration made in consequence of the decision or determination is due to take effect under section 13BC(3) on or before the fifth day before the date of the poll, the reference to section 13BA in section 13BC(2) is to be disregarded.

6B

Subsection (6) does not require the Chief Electoral Officer to issue a notice under that subsection in a case where section 13BC(3) or (6) requires the officer to issue a notice under that provision at an earlier time.

7

Subsection (9) applies if—

a

at any time on or after the appropriate publication date in the case of an election to which this section applies but before the prescribed time on the day of the poll, section 13A applies to the Chief Electoral Officer for Northern Ireland (by virtue of section 13A(1)), in connection with a notification mentioned in section 13A(1)(c), and

b

in consequence of the notification—

i

an entry relating to that person falls to be made in the register in respect of an address in the relevant election area, or

ii

his entry in the register needs to be altered.

8

Subsection (9) also applies if—

a

at any time on or after the appropriate publication date in the case of an election to which this section applies but before the prescribed time on the day of the poll, section 13A applies to the Chief Electoral Officer for Northern Ireland (by virtue of section 13A(1)), in connection with a determination falling within section 13A(1)(d),

b

the determination was made following a representation made by or on behalf of a person to the Chief Electoral Officer, and

c

in consequence of the determination—

i

an entry relating to that person falls to be made in the register in respect of an address in the relevant election area, or

ii

his entry in the register needs to be altered.

C669

The Chief Electoral Officer must, when—

a

he receives the notification referred to in subsection (7), or

b

he makes the determination referred to in subsection (8),

issue a notice specifying the appropriate alteration in the register.

10

In subsection (8)(b), “representation” means a representation made in accordance with prescribed requirements to the effect that the register contains a clerical error.

11

A notice under subsection (3), (6) or (9)—

a

is to be issued in the prescribed manner, and

b

takes effect from the beginning of the day on which it is issued.

12

This section applies to—

a

parliamentary elections in Northern Ireland,

b

elections in Northern Ireland to the European Parliament, and

c

elections to the Northern Ireland Assembly.

13

Subsections (5) and (6) of section 13B apply for the purposes of this section as they apply for the purposes of that section.

F12713BBElection falling within canvass period

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13BCF138Alteration of registers: recall petition

1

This section applies if—

a

a Speaker's notice is given in relation to a recall petition in respect of an MP under the Recall of MPs Act 2015 (“the 2015 Act”), and

b

a day is designated in relation to that petition under section 7(1)(b) of that Act (first day of the signing period).

2

Subsection (3) applies where—

a

at any time before the cut-off day, section 13A applies to a registration officer, by virtue of subsection (1) of that section, in connection with—

i

a requirement or determination falling within paragraph (za) or (a) of that subsection in respect of a qualifying application for registration,

ii

a requirement falling within paragraph (zb) of that subsection in respect of an entry in the register resulting from a qualifying application for registration, or

iii

a requirement, decision or determination falling within any of paragraphs (b) to (d) of that subsection,

b

in consequence of the requirement, determination or decision, an entry relating to a person falls to be made or altered in, or removed from, the relevant register,

c

no alteration made in consequence of the requirement, determination or decision has already taken effect, or is due to take effect, under section 13A, 13AB, 13B or 13BA on or before the cut-off day, and

d

if the relevant register is for a constituency in Northern Ireland, the Chief Electoral Officer for Northern Ireland is supplied on or before the prescribed date with such additional material as is prescribed supporting the appropriate alteration in the register.

3

In such a case—

a

the registration officer must issue, in the prescribed manner on the cut-off day, a notice specifying the appropriate alteration in the register, and

b

subject to sections 13B(1) and 13BA(1), the alteration is to take effect as from the beginning of the day on which the notice is issued.

4

In determining for the purposes of subsection (2)(c) whether an alteration made in consequence of the requirement, determination or decision is due to take effect under section 13AB, 13B or 13BA on or before the cut-off day, the references to section 13BC(3) in section 13AB(7), 13B(2) and 13BA(2) and (5) are to be disregarded.

5

Subsection (6) applies where—

a

at any time on or after the cut-off day but before the prescribed time on the last day of the signing period, section 13A applies to a registration officer, by virtue of subsection (1) of that section, in connection with—

i

a notification mentioned in paragraph (c) of that subsection, or

ii

a determination falling within paragraph (d) of that subsection, and

b

in consequence of the notification or determination, an entry relating to a person falls to be made or altered in, or removed from, the relevant register.

6

In such a case—

a

the registration officer must issue, in the prescribed manner and on the appropriate day, a notice specifying the appropriate alteration in the register, and

b

subject to sections 13B(1) and 13BA(1), the alteration is to take effect as from the beginning of the day on which the notice is issued.

7

“The appropriate day” means—

a

in a case falling within subsection (5)(a)(i), the day when the registration officer receives the notification referred to in that provision (or, if that is not a working day, the next working day);

b

in a case falling within subsection (5)(a)(ii), the day when the registration officer makes the determination referred to in that provision (or, if that is not a working day, the next working day).

8

If the petition officer in relation to the recall petition receives a notice under section 13(6) of the 2015 Act (early termination of recall petition process), this section ceases to apply in the case of that petition.

9

But if, at the time when that notice is so received—

a

the registration officer is under a duty under subsection (3) or (6) of this section to issue a notice, but

b

has not yet issued the notice,

the registration officer remains under that duty to issue the notice at the time at which it would have been required to be issued if subsection (8) had not applied.

10

In this section—

a

“the cut-off day” means the 3rd working day before the beginning of the signing period,

b

“qualifying application for registration” means an application for registration that—

i

is made on or before the day on which the Speaker's notice is given, or

ii

is treated as made by virtue of section 10A(2) (return of canvass form treated as application for registration) in respect of a form returned on or before that day,

c

“relevant register” means the register of parliamentary electors for the MP's constituency,

d

the following expressions have the same meaning as in the 2015 Act: “MP”, “petition officer”, “recall petition”, “the signing period”, “Speaker's notice” and “working day” (see section 22 of that Act), and

e

any reference to a notice given under the 2015 Act or the time at which such a notice is given has the same meaning as in that Act.

C2913CF60 Electoral identity card: Northern Ireland

1

This section applies where a person makes an application in accordance with any prescribed requirements to the Chief Electoral Officer for Northern Ireland for an electoral identity card.

2

Regulations may provide for—

a

the descriptions of person who may make such an application; and

b

the form in which such an application is to be made.

3

The Chief Electoral Officer shall determine such an application and, if he is satisfied that the information given by the applicant is correct, he shall issue an electoral identity card to the applicant free of charge.

4

The electoral identity card issued to an applicant shall—

a

state his full name and date of birth,

b

bear his photograph,

c

indicate when the card ceases to be current, and

d

include such other information and be in such form as the Chief Electoral Officer shall determine.

5

For the purposes of subsection (4) above and rule 37(1E) in Schedule 1 to this Act (specified documents), an electoral identity card becomes current on the date of its issue and ceases to be so on the expiry of the period of 10 years beginning with that date.

6

Any expenses properly incurred by the Chief Electoral Officer in the performance of his functions under this section shall be treated as registration expenses of his for the purposes of this Act.

7

In this section “determine” means determine in accordance with regulations (if any).

13CZAF75Provision of false information: application for electoral identity card

1

A person who provides false information in connection with an application for an electoral identity card is guilty of an offence.

2

In relation to a signature, “false information” for the purposes of subsection (1) means a signature which—

a

is not the usual signature of, or

b

was written by a person other than,

the person whose signature it purports to be.

3

A person does not commit an offence under subsection (1) if the person did not know, and had no reason to suspect, that the information was false.

4

Where sufficient evidence is adduced to raise an issue with respect to the defence under subsection (3), the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

5

A person guilty of an offence under this section is liable on summary conviction to—

a

imprisonment for a term not exceeding six months, or

b

a fine not exceeding level 5 on the standard scale,

or to both.

13CAF61Scottish local government elections: false information in connection with applications for absent voting

1

A person who provides false information in connection with an application mentioned in subsection (2) below commits an offence.

2

The application referred to in subsection (1) above is an application—

a

relating to a local government election in Scotland; and

b

to which any of the following provisions of Schedule 4 to the Representation of the People Act 2000 (c. 2) applies, namely—

i

paragraph 3(1) or (2);

ii

paragraph 4(1) or (2);

iii

paragraph 7(4).

3

In relation to a signature, “false information” for the purposes of subsection (1) above means a signature which—

a

is not the usual signature of; or

b

was written by a person other than,

the person whose signature it purports to be.

4

A person does not commit an offence under subsection (1) above if the person did not know, and had no reason to suspect, that the information was false.

5

Where sufficient evidence is adduced to raise an issue with respect to the defence under subsection (4) above, the court must assume that the defence is satisfied unless the prosecutor proves beyond reasonable doubt that it is not.

6

A person guilty of an offence under subsection (1) above is liable on summary conviction to (either or both)—

a

imprisonment for a term not exceeding 6 months;

b

a fine not exceeding level 5 on the standard scale.

C30C5413DF62 Provision of false information

F491

A person who for any purpose connected with the registration of electors provides to a registration officer any false information is guilty of an offence.

F501A

A person who provides false information in connection with an application (other than an application relating only to a local government election in Scotland) to which any of the following provisions of Schedule 4 to the Representation of the People Act 2000 (applications relating to absent voting) applies is guilty of an offence—

a

paragraph 3(1) or (2);

b

paragraph 4(1) or (2);

c

paragraph 7(4).

2

A person who provides false information to the Chief Electoral Officer for Northern Ireland for the purpose of obtaining the dispensation referred to in section 10(4B), 10A(1B) or 13A(2B) above is guilty of an offence.

C34C333

In relation to a signature, “false information” for the purposes of subsection (1) F51or (1A) means a signature which—

a

is not the usual signature of; or

b

was written by a person other than,

the person whose signature it purports to be.

C34C334

A person does not commit an offence under subsection (1) F52or (1A) above if he did not know, and had no reason to suspect, that the information was false.

C34C335

Where sufficient evidence is adduced to raise an issue with respect to the defence under subsection (4) above, the court shall assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

C34C336

A person guilty of an offence under this section shall be liable on summary conviction to—

a

imprisonment for a term not exceeding F5351 weeks ; or

b

a fine not exceeding level 5 on the standard scale,

or to both.

C34C33F547

In the application of subsection (6)(a) to Scotland and Northern Ireland, the reference to 51 weeks must be taken to be a reference to six months.

C338

In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in subsection (6)(a) to 51 weeks must be taken to be a reference to six months.