Representation of the People (Northern Ireland) Regulations 1986

JurisdictionUK Non-devolved
CitationSI 1986/1091
Year1986

1986 No. 1091

REPRESENTATION OF THE PEOPLE

The Representation of the People (Northern Ireland) Regulations 1986

26thJune 1986

ARRANGEMENT OF REGULATIONS

PART I

GENERAL, INTERPRETATION AND MISCELLANEOUS

1. Citation and extent.

2. Commencement.

3. Revocations.

4. Interpretation.

5. Forms.

6. Sending of applications, notices etc.

7. Publication of documents.

8. Misnomers.

9. Time.

10. Official poll card at parliamentary elections.

11. Return and declaration of election expenses.

12. Interference with notices etc.

13. Amendment of rule 37(1E) of elections rules.

14. Registration of Assembly overseas electors.

PART II

SERVICE, PATIENTS' AND OVERSEAS ELECTORS' DECLARATIONS

Service declarations

15. Qualification for Crown servant.

16. Service declaration ceasing to be in force on change of circumstances.

17. Contents of service declaration.

18. Attestation of service declaration by Crown servants, British Council employees and their spouses.

19. Transmission of service declaration.

20. Notification of rejection of application for registration as a service voter.

Patients' declarations

21. Patient's declaration.

22. Notification of rejection of application for registration in pursuance of a patient's declaration.

Overseas electors' declarations

23. Content of an overseas elector's declaration.

24. Officers authorised to attest overseas electors' declarations.

25. Attestation of an overseas elector's declaration.

26. Transmission of an overseas elector's declaration.

27. Evidential value of an overseas elector's declaration.

28. Notification about registration as an overseas elector.

PART III

REGISTRATION

Information about electors

29. Information from householders.

30. Declarations as to age and nationality.

Electors lists, etc.

31. General provisions as to electors lists.

32. Electors lists prepared as draft register.

33. Alternative form of electors lists.

34. Preparation and publication of list of overseas electors.

35. Publication of electors lists.

36. Free copies of electors lists and list of overseas electors.

Alterations to electors lists

37. Amendments to electors lists.

38. Notice of claims and objections.

39. Claims in respect of electors lists.

40. Form of objections.

41. Time for making claims and objections.

42. Entry and preliminary disposal of claims and objections.

43. Hearing of claims and objections.

44. Registration appeals.

45. Adaptation of electors lists in consequence of altered polling districts.

46. Amendments to list of overseas electors.

The register

47. Separate part of register for each polling district.

48. Different number for each polling district.

49. Order and numbering of names.

50. Marking of names.

51. Publication of register.

52. Information about register.

Supply of registers etc.

53. Free copies of register etc.

54. Sale of lists and register.

55. Supply of data.

56. Supply of labels.

Alterations to published register

57. Adaptation of register in consequence of altered polling districts.

58. Claims for inclusion in register and objections thereto.

59. Preliminary disposal of claims and objections made under Regulation 58.

60. Hearing of claims and objections made under Regulation 58.

61. Appeals in respect of claims and objections made under Regulation 58.

62. Correction of register.

PART IV

ABSENT VOTERS

63. General requirements for applications.

64. Additional requirements for applications on grounds of physical incapacity.

65. Additional requirements for applications based on occupation, service or employment.

66. Additional requirements for applications in respect of a particular election.

67. Additional requirements for applications for appointment of a proxy.

68. Additional requirements for applications by proxies to vote by post at a particular election.

69. Closing dates for applications.

70. Grant or refusal of applications.

71. Notice of appeal.

72. Cancellation of proxy appointment.

73. Inquiries by registration officer.

74. Records and lists kept under sections 6, 7 and 9 of Act of 1985.

75. Marked register for polling stations.

76. Certificate of employment.

PART V

ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS

77. Interpretation of Part V.

Issue of postal ballot papers

78. Form of declaration of identity.

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

80. Notification of requirement of secrecy.

81. Notice of issue of postal ballot papers.

82. Marking of postal ballot papers etc.

83. Refusal to issue postal ballot paper.

84. Envelopes.

85. Delivery of postal ballot papers to post office.

86. Provision of postal voters' ballot box.

87. Sealing up of special lists and counterfoils.

88. Spoilt postal ballot paper.

Receipt of postal ballot papers

89. Receipt of covering envelope.

90. Opening of postal voters' ballot box.

91. Opening of covering envelopes.

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

93. Opening of ballot paper envelopes.

94. Abandoned poll.

95. Forwarding of documents.

Schedule 1. Enabling powers.

Schedule 2. Forms.

Schedule 3. Application with modifications of the Acts of 1983 and 1985 for registration of Assembly overseas electors.

Whereas a draft of these Regulations has been approved by a resolution of each House of Parliament:

Now, therefore, in exercise of the powers conferred upon me by those provisions of the Representation of the People Act 1983(a) and the Representation of the People Act 1985(b) which are specified in Schedule 1 to these Regulations, I hereby make the following Regulations:—

PART I

GENERAL, INTERPRETATION AND MISCELLANEOUS

Citation and extent

1.— (1) These Regulations may be cited as the Representation of the People (Northern Ireland) Regulations 1986.

(2) These Regulations extend to Northern Ireland only.

Commencement

2. Those Regulations in:—

(a) 1983 c.2.

(b) 1985 c.50.

(a) Parts I, II and III of these Regulations shall come into force when sections 1 to 4 of the Act of 1985 come into force; and

(b) Parts IV and V of these Regulations shall come into force on the date when sections 6 to 9 and 11 of, and Schedule 2 to, the Act of 1985 come into force and shall have effect for the purposes of any election the poll at which is on or after that date.

Revocations

3.— (1) The Regulations in Parts II, III and VI, except Regulations 53, 56 and 60, of the Representation of the People (Northern Ireland) Regulations 1983(a) and the Representation of the People (Northern Ireland) (Amendment) Regulations 1985(b) are revoked on the coming into force of the Regulations in Parts I, II and III of these Regulations.

(2) The Regulations in Parts I, IV and V of the Representation of the People (Northern Ireland) Regulations 1983 and Regulations 53, 56 and 60 of those Regulations are revoked on the coming into force of the Regulations in Parts IV and V of these Regulations.

Interpretation

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

"Act of 1962" means the Electoral Law Act (Northern Ireland) 1962(c);

"Act of 1978" means the European Assembly Elections Act 1978(d);

"Act of 1983" means the Representation of the People Act 1983;

"Act of 1985" means the Representation of the People Act 1985;

"Assembly constituency" means the constituency of Northern Ireland;

"Assembly election" has the same meaning as in section 27(1) of the Act of 1985;

"Assembly overseas elector" means a peer who has made an Assembly overseas elector's declaration and is registered or is entitled to be registered as an elector at an Assembly election in pursuance of it;

"Assembly overseas elector's declaration" means a declaration made in pursuance of section 2 of the Act of 1985 as applied by Regulation 14 of, and Schedule 3 to, these Regulations;

"available for inspection" means available for inspection during ordinary office hours;

"British Council employee" means a person employed by the British Council in a post outside the United Kingdom;

"candidate" means a person who is nominated as a candidate at the election, or is declared by himself or by others to be a candidate on or after

(a) S.I. 1983/436.

(b) S.I. 1986/105.

(c) 1962 c.14 (N.I.).

(d) 1978 c.10.

the day of the issue of the writ for the election, or after the dissolution or vacancy in consequence of which the writ was issued;

"constituency" means a parliamentary constituency;

"Crown servant" means a person who is employed in a post falling within the class or description set out in Regulation 15 below;

"data" and "data user" have the same meaning as in section 1 of the Data Protection Act 1984(a);

"elections rules" means the parliamentary elections rules in Schedule 1 to the Act of 1983;

"list of overseas electors" means the list prepared under Regulation 34 below;

"local elector" has the same meaning as in section 130(1) of the Act of 1962;

"overseas attesting officer" means an officer who is authorised by Regulation 24 below to attest overseas electors' declarations;

"overseas elector" means a person who has made an overseas elector's declaration and is registered or entitled to be registered as a parliamentary elector in pursuance of it;

"patient's declaration" means a declaration made under section 7 of the Act of 1983 by a voluntary mental patient;

"polling district" has the same meaning as in section 130(1) of the Act of 1962;

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

"register" means the register of electors;

"registration officer" means the electoral registration officer;

"service declaration" means a declaration made in accordance with section 15 of the Act of 1983; and

"voluntary mental patient" has the same meaning as in section 7(2) of the Act of 1983.

(2) 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 lists and register in accordance with Regulations 31(5) and 50 below as respects a letter and paragraph (a) of section 12(5) of the Act of 1983 and...

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