Made | 24th July 2002 | ||
Coming into force in accordance with regulation 2 |
(3) These Regulations extend to Northern Ireland only.
Commencement
2.
- (1) Subject to paragraphs (2) and (4) below, these Regulations shall come into force on the expiry of the period of 14 days beginning with the day on which these Regulations are made.
(2) Subject to paragraph (3) below, regulations 8,15, 19(2) and 22 shall come into force on 1st December 2002.
(3) The coming into force of regulations 19(2) and 22 shall not apply in respect of an election where the last day for the publication of the notice of election is before 1st December 2002.
(4) Subject to paragraph (5) below, regulations 3(2)(b) and (c), 5(3) and (4), 6, 12 to 14 and 21 shall come into force on 18th November 2002.
(5) Where any revised version of the register of electors has not been published on or before 18th November 2002 under section 13(1) of the 1983 Act[4], paragraph (4) shall not have effect until it has been so published.
Revocations
3.
- (1) The following regulations are hereby revoked.
(2) Those regulations are -
Prescribed forms
4.
The form in Part I of Schedule 2 to these Regulations is hereby prescribed for the purposes of section 10(4) of the 1983 Act[7] (form of annual canvass).
Amendment of interpretation provisions
5.
- (1) Regulation 3(1) of the 2001 Regulations (interpretation) is amended as follows.
(2) For the definition of "candidate" substitute:
(3) Before the definition of "European Parliamentary overseas elector" insert:
(4) After the definition of "European Parliamentary overseas elector's declaration" insert:
(5) After the definition of "register" insert:
Amendment of provision about copies
6.
- (1) Regulation 7 of the 2001 Regulations (copies of documents) shall become paragraph (1) of regulation 7.
(2) After that paragraph insert:
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 -
Inspection of return as to election expenses
7.
In regulation 10 of the 2001 Regulations (return and declaration of election expenses) -
Electoral identity card
8.
After regulation 12 of the 2001 Regulations insert:
(3) An application for an electoral identity card must state -
and be signed by the applicant.".
Amendment of rule 37(1E) of the parliamentary elections rules
9.
After rule 37(1E)(h) of the parliamentary elections rules in Schedule 1 to the 1983 Act[11] insert:
Amendment of provision about applications
10.
- (1) Regulation 26 of the 2001 Regulations (applications for registration) is amended as follows.
(2) In paragraph (1) for "shall state" substitute "("an application for registration") shall, in addition to the requirements of section 10A(1A) and 13A(2A) of that Act[12], state".
(3) At the end of paragraph (1) insert:
(4) In paragraph (2) for the word "application", in the first place where it occurs, substitute "declaration".
(5) In paragraph (3) for "under this regulation" substitute "for registration".
(6) In paragraph (4) omit the words "signed and".
(7) After paragraph (5) insert:
Disclosures relating to national insurance numbers
11.
After regulation 35 of the 2001 Regulations insert:
as recorded by the Department in respect of him.
(3) The Department may charge fees to the relevant Officer to cover its expenses in complying with such requests.".
Amendment of provision about notices
12.
For regulation 36(2)(a) of the 2001 Regulations (issue of notices in connection with registration) substitute:
(aa) supplying copies of it in accordance with Part VI of these Regulations;".
Manner of publication of register
13.
For regulation 43(1) of the 2001 Regulations (publication of register) substitute:
(b) supplying copies of it in accordance with Part VI of these Regulations.".
Manner of publication of list of overseas electors
14.
In regulation 45(3) of the 2001 Regulations (publication of the list of overseas electors) after "inspection" insert "under supervision".
General requirements for an application for an absent vote
15.
In regulation 51(2) of the 2001 Regulations after "state" insert ", in addition to the matters required by section 6(1)(ba) to (bc) or section 7(1)(ba) to (bc) of the 1985 Act[13] in the case of an application under section 6(1) or 7(1),".
Records kept under section 9(6) of the Representation of the People Act 1985
16.
In regulation 62(2) of the 2001 Regulations (requirement to make certain records available for inspection) for "9(9)" substitute "9(6)".
Issue of postal ballot papers
17.
At the end of regulation 71 of the 2001 Regulations (procedure on issue of postal ballot paper) [14] insert:
Spoilt postal ballot papers
18.
- (1) Regulation 76 (spoilt postal ballot papers) of the 2001 Regulations is amended as follows.
(2) In paragraph (1) for the words from ", the declaration" to the end substitute "and the declaration of identity".
(3) In paragraph (4) for "the declaration of identity and the ballot paper envelope" substitute "and the declaration of identity".
Procedure in relation to declarations of identity on receipt of covering envelope
19.
- (1) Regulation 82 of the 2001 Regulations is amended as follows.
(2) For paragraph (1) substitute:
(1A) The returning officer must satisfy himself that the declaration of identity is a valid declaration of identity.".
(3) For paragraphs (5) to (7) substitute:
the returning officer shall open the envelope.
(6) Paragraph (7) below applies where -
(7) In the circumstances described in paragraph (6) above, the returning officer shall place -
Statement about postal votes
20.
In regulation 86(4) of the 2001 Regulations (forwarding of documents), for "Secretary of State" substitute "Electoral Commission".
Supply of register, etc
21.
After regulation 86 of the 2001 Regulations insert:
(2) In this Part -
(3) In this Part, any reference to an employee of a person who has access to a copy of the full register includes -
(4) Any restriction on the use of a copy of the full register or information contained in it which is imposed by any regulation in this Part shall apply to a person to whom a copy of the full register has been supplied or information contained in it has been disclosed under the equivalent regulation in the Representation of the People (England and Wales) Regulations 2001[17], as amended, or the Representation of the People (Scotland) Regulations 2001[18], as amended.
(5) Subject to any direction of the Secretary of State under section 52(1) of the 1983 Act[19], any duty on the registration officer to supply data under this Part imposes only a duty to supply data in the form in which he holds it.
(6) The registration officer shall not supply data which includes information not included in the printed version of the full register otherwise than under a provision in an enactment.
Edited version of register
88.
- (1) At the time when the registration officer publishes a version of the register under section 13(1) or (3) of the 1983 Act[20], ("the full register"), he shall publish a version of the register under this regulation ("the edited register").
(2) The edited register shall omit the names and addresses of any elector included in the full register if a request has been duly made in the form referred to in section 10(4) of the 1983 Act or in accordance with regulation 26 above[21] by or on behalf of that elector for his name and address to be excluded from the edited register.
(3) In other respects the edited register shall be the same as the full register and shall include any marks or dates which are required to be recorded against the names of any electors.
(4) Notwithstanding the omission of names and addresses in accordance with paragraph (2), regulation 41 above shall apply to the edited register as it applies to the full register.
(5) Unless the contrary intention appears, any reference in these Regulations to the register is to the full register.
(6) The manner in which each revised version of the edited register is to be published under this regulation is -
(7) Each revised version of the edited register shall be kept published until the coming into force of the next revised version of it.
(2) Where the Chief Electoral Officer is also the counting officer at a referendum held by or under an Act of Parliament (and thereby has access to the full register without being supplied with a copy of it), this regulation also applies to -
(3) No person to whom this regulation applies may -
otherwise than in accordance with any enactment including these Regulations.
(4) Nothing in paragraph (3) above applies to the supply or disclosure by a person to whom this regulation applies to another such person in connection with his registration duties or the purposes of an election or referendum.
Restriction on use of the full register or information contained in it supplied in accordance with any enactment or otherwise obtained
90.
- (1) This regulation applies to -
(2) In this regulation "relevant provision" means any enactment except these Regulations which sets out, expressly or impliedly, the purpose for which a copy of the full register is to be supplied or information from that register disclosed under the enactment.
(3) No person to whom this regulation applies (except by virtue of paragraph (1)(d)) may -
other than for the purpose (express or implied) for which the copy was supplied or the information disclosed to the person in question under the relevant provision.
(4) No person to whom this regulation applies by virtue of paragraph (1)(d) may -
other than for any purpose for which a copy could be supplied or information could be disclosed to the person in question under any enactment (including these Regulations).
to the British Library.
Supply of free copy of full register to deputy returning officer at local elections and restrictions on use
92.
- (1) Not later than five days before the last date for the publication of the notice of election at a local election, the registration officer shall supply free of charge to the deputy returning officer (within the meaning of article 9(2) of the Electoral Law (Northern Ireland) Order 1972[22]) at that election as many printed copies of -
as the deputy returning officer may reasonably require for the purposes of the election, together with one copy in data form.
(2) No person to whom a copy of the register has been supplied under this regulation may -
other than for the purposes of the election.
(3) The restrictions in paragraph (2) above apply to a person to whom a copy of the full register has been supplied in accordance with this regulation or to whom such information has been so disclosed as it applies to the person to whom a copy of the register has been supplied under this regulation.
Supply of free copy of full register etc to the Northern Ireland Statistic and Research Agency and restrictions on use
93.
- (1) The registration officer shall supply, free of charge and on publication, one copy of -
to the Northern Ireland Statistic and Research Agency (in this regulation referred to as "the Agency").
(2) In paragraph (1) the duty to supply is a duty to supply in data form unless, prior to publication, the Agency has requested in writing a printed copy instead.
(3) No person employed by the Agency may -
(4) Such information may not be disclosed otherwise than -
(5) A person who inspects the full register may not -
otherwise than by means of hand-written notes.
Supply of free copy of full register etc to Electoral Commission
94.
- (1) The registration officer shall supply, free of charge and on publication, one copy of -
to the Electoral Commission (in this regulation referred to as "the Commission").
(2) In paragraph (1) the duty to supply is a duty to supply in data form unless, prior to publication, the Commission has requested in writing a printed copy instead.
(3) Neither an Electoral Commissioner nor any employee of the Commission may -
(4) Neither the full register nor any such information may be disclosed otherwise than -
(5) In this regulation "Electoral Commissioner" includes a Deputy Electoral Commissioner and an Assistant Electoral Commissioner.
Supply of free copy of full register etc to Local Government Boundary Commissioner and Boundary Commission and restrictions on use
95.
- (1) On the appointment of a Local Government Boundary Commissioner under section 50(1A) of the Local Government Act (Northern Ireland) 1972[23], the registration officer shall supply free of charge one copy of each of the documents listed in paragraph (3) below.
(2) The registration officer shall supply, free of charge and on publication, one copy of each of the documents listed in paragraph (3) below to the Boundary Commission for Northern Ireland.
(3) Those documents are -
(4) In paragraphs (1) and (2) above the duty to supply is a duty to supply in data form unless -
requested in writing a printed copy instead.
(5) In paragraph (6) below "a relevant person" means -
(6) A relevant person may not -
Supply of full register etc under regulations 97 to 102: general provisions
96.
- (1) The persons or organisations falling within regulations 97 to 102 below may request the registration officer to supply free of charge the relevant part (within the meaning of those regulations) of any of the following -
(2) Such a request shall be made in writing and shall -
(3) Unless a request has been made in advance of supply under paragraph (2)(c) above, the copy of a document supplied under this regulation shall be in data form.
(4) The registration officer shall supply the relevant part of the documents referred to in paragraph (1) above in accordance with a request that has been duly made.
(5) A person falling within regulation 101 below may not make the request set out in paragraph (2)(b) above.
(6) A person who obtains a copy of any document under paragraph (4) above may use it for any purpose for which that person would be entitled to obtain the document under this Part and any restrictions which apply under whichever of regulations 97 to 102 entitles that person to obtain the document for that purpose shall apply to such use.
Supply of full register etc to elected representatives and restrictions on use
97.
- (1) This regulation applies to -
(2) For the purposes of regulation 96(1) above the relevant part of the documents listed in that provision -
(3) No person to whom this regulation applies who has been supplied with a copy of the register may -
otherwise than for purposes in connection with the office by virtue of which he is entitled to the full register or for electoral purposes.
(4) The restrictions in paragraph (3) above apply to a person to whom any of the full register has been supplied or such information disclosed under that paragraph as they apply to the person to whom this regulation applies.
Supply of full register etc to holders of relevant elective offices and candidates
98.
- (1) This regulation applies to -
(2) For the purposes of regulation 96(1) above, the relevant part of the documents listed in that provision is the whole of them.
(3) No person to whom this regulation applies who has been supplied with a copy of the register may -
otherwise than for the purpose set out in paragraph (4) below.
(4) That purpose -
Supply of full register etc to local constituency parties and restrictions on use
99.
- (1) This regulation applies to any person nominated to act for the purposes of this regulation for a particular constituency in Northern Ireland by the registered nominating officer (within the meaning of section 24 of the Political Parties, Elections and Referendums Act 2000) of a registered political party.
(2) Not more than one person for the same constituency may be nominated under paragraph (1) above in respect of the same registered political party and constituency.
(3) In the case of a person to whom this regulation applies, the relevant part of the documents listed in regulation 96(1) above is so much of them as relate to the constituency in question.
(4) No person to whom this regulation applies who has been supplied with a copy of the register may -
otherwise than for electoral purposes or the purposes of electoral registration.
(5) The restrictions in paragraph (4) above apply to a person to whom any of the full register has been supplied or such information disclosed under that paragraph as they apply to the person to whom this regulation applies.
Supply of full register etc to registered political parties etc and restrictions on use
100.
- (1) This regulation applies to -
(2) In the case of the parties and participants to whom this regulation applies, the relevant part of the documents listed in regulation 96(1) above is the whole of them.
(3) No person employed by, or assisting (whether or not for reward) a party or participant to which this regulation applies and to which a copy of the register has been supplied may -
otherwise than for the purposes set out in paragraph (4) below.
(4) Those purposes are -
(b) in the case of a permitted participant within the meaning of section 105(1) of that Act -
(5) The restrictions in paragraph (3) above apply to a person to whom any of the full register has been supplied or such information disclosed under that paragraph as they apply to persons referred to in that paragraph.
Supply of full register etc to certain candidates and restrictions on use
101.
- (1) This regulation applies to a candidate at -
(2) For the purposes of regulation 96(1) above, the relevant part of the documents listed in that provision is so much of them as relate to the area for which the candidate is standing.
(3) No candidate to whom a copy of the register has been supplied by virtue of this regulation may -
other than for electoral purposes.
(4) The restrictions in paragraph (3) above apply to a person to whom any of the full register has been supplied or such information disclosed under that paragraph as they apply to persons referred to in that paragraph.
Supply of full register etc to police forces and restrictions on use
102.
- (1) This regulation applies to -
(2) For the purpose of regulation 96(1) above, the relevant part of the documents listed in that provision is the whole of them.
(3) No person serving whether as a constable, officer or employee in any of the forces and organisations to which this regulation applies may -
otherwise than for the purpose of the prevention and detection of crime and the enforcement of the criminal law (whether in Northern Ireland or elsewhere).
(4) The restrictions in paragraph (3) above apply to a person to whom any of the full register has been supplied or such information disclosed under that paragraph as they apply to persons referred to in that paragraph.
Sale of full register etc: restrictions on supply, charges, etc
104.
- (1) The registration officer may not sell a copy of -
except to a person who is entitled under regulations 106 and 107 below to purchase them.
(2) The fee for such sale is to be calculated in accordance with paragraphs (3) to (6) below.
(3) Where a person purchases the full register together with any relevant notices which are published at that time altering the register, the register and the notices shall be treated as the same document for the purposes of the calculations set out in paragraph (5) below; and any entry in the register which is deleted by a notice shall accordingly be ignored for the purposes of the calculation.
(4) Where a person purchases a relevant notice separately from the full register, the calculations set out in paragraph (5) below shall be applied to that notice.
(5) Subject to paragraph (3) above, in the case of the register or a relevant notice -
(6) In the case of the list of overseas electors -
(7) In any copy of the full register which is sold in accordance with regulations 106 and 107 below, the letter "X" shall be placed against the name of any person whose name is not included in the edited version of the register.
Sale of full register etc: general provisions
105.
- (1) This regulation applies in respect of the supply on payment of a fee of copies of the full register, including any notice published under section 13A(2) or 13B(3) of the 1983 Act altering that register, in accordance with regulations 106 and 107 below.
(2) The registration officer shall not supply a printed copy of the full register under those regulations if to do so would result in his having insufficient copies of it for the purposes of any requirement made by or under any enactment.
(3) In those regulations "the relevant restrictions" means the restrictions set out in paragraphs (4) and (5) below.
(4) No person in a body to which a copy of the register has been supplied under regulations 106 and 107 below may -
other than for the purpose set out in the regulation by virtue of which the full register has been supplied.
(5) The restrictions in paragraph (4) above apply to a person to whom a copy of the full register has been supplied in accordance with regulations 106 and 107 below or to whom such information has been so disclosed as it applies to a person in the body to which the copy of the full register was supplied under the regulation in question.
(6) In this regulation and regulations 106 and 107 below, "a relevant document" means -
(7) A request to purchase a relevant document must be made in writing and must -
Sale of full register etc to government departments
106.
- (1) Subject to regulation 105(2) above, the registration officer shall supply on request and on payment of a fee calculated in accordance with regulation 104 above a copy of a relevant document to a government department.
(2) For the purposes of regulation 105(3) above, the relevant restrictions apply except for the purpose of -
(3) A government department may supply (whether or not on payment) a copy of the full register to a person ("an authorised person") so that he may disclose information contained in it in accordance with paragraph (5) below.
(4) In this regulation any reference to an authorised person includes a reference to his employees.
(5) Information contained in the full register (and not contained in the edited register) may not be disclosed by an authorised person except to any person falling within regulations 97 to 101 above for use for the purpose for which the person in question could obtain the full register under the regulation concerned.
(6) The restrictions in regulations 97 to 101 apply to a person to whom such information is disclosed under paragraph (5) as it applies to a person to whom those regulations apply.
Sale of full register etc to credit reference agencies
107.
- (1) Subject to regulation 105(2) above, the registration officer shall supply on request and on payment of a fee calculated in accordance with regulation 104 above a copy of a relevant document to a credit reference agency registered under Part III of the Consumer Credit Act 1974[26] (by virtue of section 147 of that Act) and which is carrying on the business of providing credit reference services.
(2) For the purposes of regulation 105(3) above, the relevant restrictions apply except for the purposes set out in paragraph (3) below.
(3) Those purposes are:
(c) statistical analysis of credit risk assessment in a case where no person included in the register is referred to by name or necessary implication.
(4) In this regulation -
and any reference to a processor includes a reference to his employees.
(2) Any person who has obtained a copy of the full register under regulations 94, 95, 97, 99, 100, 102, 106 and 107 above may supply a copy of the full register to a processor.
(3) A processor must not supply a copy of the full register or disclose information contained in it (and not contained in the edited register) except to -
Offences in respect of contravention of Part VI regulations
109.
- (1) A person who contravenes the provisions specified in paragraph (2) below shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(2) Those provisions are regulations 89(3), 90(3) and (4), 92(2) and (3), 93(3) and (5), 94(3), 95(6), 97(3) and (4), 98(3), 99(4) and (5), 100(3) and (5), 101(3) and (4), 102(3) and (4), 105(4) and (5), 106(5) and (6) and 108(3) above.
(3) It is a defence for a person charged with an offence under paragraph (1) above to prove that he took all reasonable steps and exercised all due diligence to prevent the contravention.
(4) A person to whom paragraph (5) below applies shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale where -
(5) This paragraph applies to a director of a company or a person concerned with the management of an organisation.
(6) The steps referred to in paragraph (4)(b) above are such steps as it would be reasonable for a person to whom paragraph (5) applies to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of a contravention of the provisions referred to in paragraph (2) above on the part of the employed person.".
Declaration of identity
22.
In Form G in Schedule 3 to the 2001 Regulations (form of declaration of identity) after "sent" insert:
John Reid
One of Her Majesty's Principal Secretaries of State
Northern Ireland Office
24th July 2002
Any reference to a provision which has been applied by section 1(1) of, and Schedule 1 to, the Elected Authorities (Northern Ireland) Act 1989[38] includes that provision as so applied.
[2] S.I. 2001/400; these Regulations have been amended by S.I. 2001/1877.back
[4] Section 13 was substituted by Schedule 1 to the Representation of the People Act 2000 (c. 2) ("the 2000 Act").back
[7] Section 10 was substituted by Schedule 1 to the 2000 Act.back
[8] Section 118A was inserted by section 135(2) of the Political Parties, Elections and Referendums Act 2000 (c. 41).back
[9] Sections 13A and 13B were substituted by Schedule 1 to the 2000 Act.back
[10] Section 13C was inserted by section 4 of the Electoral Fraud (Northern Ireland) Act 2002 (c. 13).back
[11] Rule 37(1E) was inserted by section 1(2) of the Elections (Northern Ireland) Act 1985 (c. 2) and sub-paragraph (h) was inserted by section 4 of the Electoral Fraud (Northern Ireland) Act 2002.back
[12] Sections 10A(1A) and 13A(2A) were inserted by section 1 of the Electoral Fraud (Northern Ireland) Act 2002.back
[13] Sections 6(1)(ba) to (bc) and 7(1)(ba) to (bc) were inserted by section 3 of the Electoral Fraud (Northern Ireland) Act 2002.back
[14] Regulation 71 was amended by paragraph 30 of the Schedule to the Elections Act 2001 (c. 7).back
[15] Paragraphs (2)(b) and (2A) of rule 45 were inserted by section 3(4)(c) of the Electoral Fraud (Northern Ireland) Act 2002.back
[16] Sections 13A and 13B were substituted by Schedule 1 to the 2000 Act.back
[17] S.I. 2001/341; the Regulations are amended by the Representation of the People (England and Wales) (Amendment) Regulations 2002 (S.I. 2002/---).back
[18] S.I. 2001/497; the Regulations are amended by the Representation of the People (Scotland) (Amendment) Regulations 2002 (S.I. 2002/---).back
[19] The exercise of the powers in section 52(1) is made subject to section 8(1) of the Political Parties, Elections and Referendums Act 2000 (c. 41) and section 52(1A), as inserted by Schedule 21 to that Act, is relevant to those powers.back
[20] Sections 10 to 13 were substituted by Schedule 1 to the 2000 Act.back
[21] Regulation 26 is amended by regulation 10 of these Regulations.back
[22] S.I. 1972/1264 (N.I. 13).back
[23] 1972 c. 9 (N.I); section 50(1A) was inserted by S.I. 1990/2149.back
[24] Schedule 2A was inserted by Schedule 16 to the Political Parties, Elections and Referendums Act 2000.back
[25] That Schedule was so applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599).back
[30] Section 10A was inserted by Schedule 1 to the Representation of the People Act 2000 ("the 2000 Act").back
[31] Section 13C was inserted by section 4 of the Electoral Fraud (Northern Ireland) Act 2002 ("the 2002 Act").back
[32] Section 53 was amended by Schedule 4 to the Representation of the People Act 1985 ("1985 Act") and Schedule 1 to the 2000 Act.back
[33] Section 201(3) was inserted by Schedule 1 to the 2000 Act.back
[34] Rule 24 was substituted by Schedule 6 to the 2000 Act and amended by section 3(4) of the 2002 Act.back
[35] Rule 37(1F) was inserted by section 1(2) of the Elections (Northern Ireland) Act 1985 (c. 2).back
[36] Sub-paragraphs (4A) and (4B) of paragraph 1 were inserted by section 6(2) of the 2002 Act; paragraphs 10, 10A, 10B and 11 were substituted by section 9 of the 2000 Act; paragraph 11A was inserted by Schedule 4 to the 1985 Act; and paragraph 13(1A) was inserted by section 9 of the 2000 Act.back
[37] Sections 10, 10A, 13A and 13B were substituted by Schedule 1 to the 2000 Act.back
[38] 1989 c. 3; Schedule 1 was amended by Schedule 3 to the 2000 Act and section 6(2) of the 2002 Act.back