Representation of the People (Northern Ireland) Regulations 1969

JurisdictionUK Non-devolved
CitationSI 1969/905
Year1969

1969 No. 905

REPRESENTATION OF THE PEOPLE

The Representation of the People (Northern Ireland) Regulations 1969

2ndJune 1969

12thJune 1969

Regulations 8, 9, 15, 16–45, 55, 56, 57(2), 61Regulations 8, 9, 15, 16–45, 55, 56, 57(2), 6116thFebruary 1970leduScheIn accordance with Regulation 2Remainder16thJuly 1969

ARRANGEMENT OF REGULATIONS

PART I

GENERAL

1. Citation and extent.

2. Commencement.

3. Revocation and savings.

4. Interpretation.

PART II

REGISTRATION

The Register

5. Preparation of the register.

6. Marking of names to indicate manner of voting or persons not of voting age.

7. Registration officer to furnish copies of register.

8. Free copies of register.

9. Sale of register.

Supplementary

10. Declaration as to age and nationality.

11. Power of registration officer to delegate his duties.

12. Information from householders.

13. Adaptation of electors list and register in consequence of altered polling districts.

Corrupt and Illegal Practices List

14. Corrupt and illegal practices list.

Correction of Register

15. Correction of register.

PART III

ABSENT VOTERS, PROXIES AND POSTAL PROXIES

16. Application to be treated as an absent voter.

17. Record and list of absent voters.

18. Application to vote by proxy.

19. Appointment of proxy.

20. Proxy paper.

21. Cancellation and disregard of proxy appointment.

22. Record and list of proxies.

23. Application by proxy to vote by post.

24. Record and list of postal proxies.

25. Certificate of employment.

PART IV

ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS

Interpretation

26. Interpretation of Part IV.

Issue of Postal Ballot Papers

27. Form of postal ballot paper.

28. Form of declaration of identity.

29. Persons entitled to be present at issue and receipt of postal ballot papers.

30. Declaration of secrecy.

31. Notice of issue of postal ballot papers.

32. Marking of postal ballot paper.

33. Refusal to issue postal ballot paper.

34. Ballot paper envelope.

35. Delivery of postal ballot papers to post office.

36. Provision of postal voters' ballot box.

37. Sealing up of special lists and counterfoils.

38. Spoilt postal ballot paper.

Receipt of Postal Ballot Papers

39. Receipt of covering envelope.

40. Opening of postal voters' ballot box.

41. Opening of covering envelopes.

42. Sealing up of rejected votes and declarations of identity.

43. Opening of ballot paper envelopes.

44. Abandoned poll.

45. Forwarding of documents.

PART V

SERVICE VOTERS

46. Service declaration by members of the forces and spouses.

47. Qualification for Crown servant.

48. Service declaration by Crown servants, British Council employees and spouses.

49. Transmission of service declaration by Crown servants, British Council employees and spouses.

50. Service declaration by person about to leave the United Kingdom.

51. Proceedings by registration officer on receipt of service declaration.

52. Invalid service declaration.

53. Evidence as to service declaration.

PART VI

SUPPLEMENTARY

54. Appeals.

55. Official poll card.

56. Return and declaration of election expenses.

57. Forms.

58. Sending of notices, etc.

59. Publication of documents.

60. Misnomers.

61. Time.

62. Penalties.

SCHEDULE: FORMS.

Forms for use by registration officers

Form A: Return by occupier as to residents.

Form B: Proxy paper.

Forms for use by returning officers

Form C: Elector's official poll card.

Form D: Proxy's official poll card.

Form E: Certificate of employment.

Form F: Declaration of identity.

Forms for use by service voters

Form G: Service declaration and application for appointment of proxy by a member of the forces.

Form H: Service declaration and application for appointment of proxy by the spouse of a member of the forces.

Form I: Service declaration and application for appointment of proxy by a Crown servant or by a person employed by the British Council.

Form J: Service declaration and application for appointment of proxy by the spouse of a Crown servant or of a person employed by the British Council.

Form K: Application by a service voter in the United Kingdom to vote by post.

Forms for use by other persons

Form L: Application to be treated as an absent voter for an indefinite period owing to occupation or physical incapacity.

Form M: Application to vote by post owing to change of residence.

Form N: Application to be treated as an absent voter for a particular election.

Form O: Application to be treated as an absent voter for an indefinite period owing to air or sea journey.

Form P: Application for appointment of proxy.

Form Q: Application by a proxy to vote by post.

Form R: Application by service voter's spouse for appointment of proxy.

Form S: Return of expenses required by section 63 of the Representation of the People Act 1949 to be authorised by an election agent.

Form T: Declaration as to expenses required by section 63 of the Representation of the People Act 1949 to be authorised by an election agent.

In exercise of the powers conferred on me by sections 42 and 171(5) of the Representation of the People Act 1949(a), I hereby make the following Regulations:—

PART I

GENERAL

Citation and extent

1.—(1) These Regulations may be cited as the Representation of the People (Northern Ireland) Regulations 1969.

(2) These Regulations shall apply only to Northern Ireland.

Commencement

2.—(1) The following provisions of these Regulations, namely, Regulations 8, 9, 15, 16 to 45 (inclusive), 55, 56, 57(2) and 61, and so much of the Schedule as relates to those provisions, shall come into operation on 16th February 1970:

Provided that Regulations 16 to 45 (inclusive), 55, 56, 57(2) and 61 shall not have effect in relation to an election notice of which has been published before 16th February 1970.

(2) Except as otherwise provided by paragraph (1) of this Regulation, these Regulations shall come into operation fourteen days after they have been approved by both Houses of Parliament.

Revocation and savings

3.—(1) The following provisions of the Representation of the People (Northern Ireland) Regulations 1950(b), as amended (c), namely, Regulations 18, 19, 25 to 52 (inclusive), 64, 65(2) and (3) and 69 and so much of the Schedule to those Regulations as relates to those provisions, shall be revoked as from 16th February 1970:

Provided that Regulations 25 to 52 (inclusive), 64, 65(2) and (3) and 69 and so much of the Schedule to the Regulations of 1950 as relates to the said Regulations, shall continue to have effect in relation to an election notice of which has been published before 16th February 1970.

(2) Except as otherwise provided by paragraph (1) of this Regulation, the Representation of the People (Northern Ireland) Regulations 1950, the Representation of the People (Northern Ireland) Regulations 1952(d), the Representation of the People (Northern Ireland) Regulations 1953(e), the Representation of the People (Northern Ireland) Regulations 1954(f), and the Representation of the People (Northern Ireland) Regulations 1962(g) are hereby revoked.

(3) Section 38 of the Interpretation Act 1889(h) shall apply as if these Regulations were an Act of Parliament and as if any Regulations revoked by these Regulations were Acts of Parliament repealed by an Act of Parliament.

(4) Without prejudice to the said section 38 any register, list or record prepared, any application, appointment or declaration made, any proceedings initiated or other thing done under any Regulations revoked by these Regulations shall not be invalid by the revocation effected by paragraph (1) of this Regulation and shall, in so far as it could have been prepared, made, initiated or done under

(a) 1949 c.68.

(b) S.I. 1950/1255 (Rev. XX, p.105: 1950 II, p.609).

(c) The amending instruments are S.I. 1952/1894, 1953/1108, 1954/499, 1962/1633 (1952 III, p.2821; 1953 II, p.1760; 1954 II, p.1923; 1962 II, p.1900).

(d) S.I. 1952/1894 (1952 III, p.2821).

(e) S.I. 1953/1108 (1953 II, p.1760).

(f) S.I. 1954/499 (1954 II, p.1923).

(g) S.I. 1962/1633 (1962 II, p.1900).

(h) 1889 c.63.

any provision of these Regulations, have effect as if it had been prepared, made, initiated or done under that provision.

Interpretation

4.—(1) For the purpose of these Regulations, unless the context otherwise requires—

the expression "the Act of 1949" means the Representation of the People Act 1949;

the expression "postal proxy" means a person entitled to vote by post as proxy at an election;

the expression "registration officer" means an electoral registration officer.

(2) Unless the context otherwise requires a claim or objection includes a claim or objection that a letter or date should or should not be placed against a person's name in the electors list and the register in accordance with Regulation 6(1)(a) or (b) or (2).

(3) A reference in these Regulations to any enactment or statutory instrument shall be construed as including a reference to that enactment or statutory instrument as amended or replaced by any other enactment or statutory instrument.

(4) A reference in these Regulations to a Regulation shall be construed as a reference to a Regulation contained in these Regulations.

(5) A reference in these Regulations to a form identified by means of a letter shall be construed as a reference to the form so identified in the Schedule to these Regulations.

(6) The Interpretation Act 1889 shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.

PART II

REGISTRATION

The Register

Preparation of the register

5.—(1) The register shall, so far as practicable, be combined with the register of parliamentary electors or, as the case may be, the register of parliamentary and local electors prepared and published under section 28 of the Electoral Law Act (Northern Ireland) 1962(a), the names of persons registered only as parliamentary or local electors, or both, under that Act being marked to indicate that fact.

(2) All claims for registration and all objections to any person's registration shall be made within the time and in...

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