Section 12 Determinations by registration officers and objections
77.This section empowers an ERO to remove an elector’s name from his register if it becomes apparent, after the process of registration has been completed, that the elector should not have been registered. At present, objections to a person’s registration can only be raised before the registration takes effect and a registration officer’s powers to remove an erroneous or obsolete entry are limited. The section widens the powers of an ERO to remove a person’s entry from the register.
78.The section similarly provides for registration officers to be able to terminate the registration of electors whose registration is dependent upon special declaration based procedures, rather than the canvass or rolling registration applications. Thus, similar provision is made in relation to:
patients in mental hospitals: subsection (1) amending section 7 of the 1983 Act;
persons remanded in custody: subsection (2) amending section 7A of the 1983 Act;
persons, such as homeless persons, registered by declaration of local connection: subsection (3) amending section 7C of the 1983 Act;
persons registered as service voters: subsection (7) amending section 15(2) of the 1983 Act; and
persons registered as overseas electors: subsection (9) amends section 2 of the Representation of the People Act 1985.
79.Subsection (4) amends section 10A of the 1983 Act (maintenance of registers: registration of electors) by adding a new subsection (3A). This will establish that objections to another person’s registration, to which 10A(3) of the 1983 Act applies, may be made both before and after that person’s registration.
80.Subsection (5)(b) replaces existing section 10A(5)(b) of the 1983 Act. This gives the ERO the power to remove an elector from the register if the ERO determines that the elector is no longer resident, or for other reasons, has ceased to satisfy the conditions of entitlement to be registered. This power to remove will also apply in relation to persons registered as anonymous electors.
81.Subsection (6) adds a new section 10A(5B) of the 1983 Act to give the EROs the power to obtain information via house to house inquiries for the purposes of determining whether a person has ceased to be resident or to satisfy the conditions of entitlement to be registered.
82.Subsection (8) amends section 56 (registration appeals) by adding a new subsection (1)(aa). This clarifies that the right of appeal to a county court from the decision of a registration officer also applies where the result of an objection made after registration is that the person ceases to be registered on the electoral register.
