Representation of the People (Amendment) Regulations 1990
| Jurisdiction | UK Non-devolved |
| Citation | SI 1990/520 |
| Year | 1990 |
1990 No. 520
REPRESENTATION OF THE PEOPLE
The Representation of the People (Amendment) Regulations 1990
Made 8th March 1990
Whereas a draft of these Regulations has been approved by 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 19831and the Representation of the People Act 19852which are specified in Schedule 1 to these Regulations, I hereby make the following Regulations:
1.—(1) These Regulations may be cited as the Representation of the People (Amendment) Regulations 1990.
(2) These Regulations do not extend to Scotland or Northern Ireland.
2. These Regulations shall come into force forthwith, except that:
(a) regulations 4, 8, 10 to 14, 16 and 37 shall come into force when sections 1 to 4 of the Representation of the People Act 19893come into force;
(b) regulations 5, 7, 17 to 20 and 33 to 36 shall come into force on the expiry of the period of one month commencing with the day on which these Regulations are made, except that regulations 5 and 33 to 36 shall not apply in respect of an election if the date by which notice of election for that election is required to be published preceded the expiry of that period;
(c) regulations 21 and 22(1), (2) and (3)(a) shall come into force on 1st July 1990, except in respect of an election if the date by which notice of election for that election is required to be published preceded that day; and
(d) regulations 24, 26, 28(1), 29, 30(1) and (3)(a) and 31(1) shall come into force on 1st April 1990.
3. In these Regulations, “the Regulations of 1986” mean the Representation of the People Regulations 19864.
4. In regulation 4(1) of the Regulations of 1986 (interpretation), the definition of “overseas attesting officer” shall be omitted.
5. In regulation 5 of the Regulations of 1986 (constituencies not wholly within a district or London borough)—
(a) for paragraph (1)(b) there shall be substituted the following—
“(b)
“(b) at a parliamentary election, if the registration officer for any part of the constituency is not the acting returning officer for the constituency, he shall forthwith supply to the acting returning officer a copy of the lists compiled under sections 7(4) and 9(9) of the Act of 1985 on completion of the compilation of them.”; and
(b) paragraph (2) shall be omitted.
6. In regulation 8(2) of the Regulations of 1986 (copies of documents made available for inspection), for the words “of, or take extracts from,” there shall be substituted the words “(whether in handwriting or by other means) of the whole or any part of”.
7. In regulation 12 of the Regulations of 1986 (return and declaration of election expenses) there shall be substituted—
(a) the words “£1.50” for the words “£1.20” in paragraph (2), and
(b) the words “15p” for the words “12p” in paragraph (3).
8. In regulation 14 of the Regulations of 1986 (registration of European Parliamentary overseas electors)5—
(a) at the end of paragraph (2) there shall be added the words “or as the case may be, at which he was resident”; and
(b) at the end of paragraph (3) there shall be added the following—
“The entry in that Schedule in respect of section 2 of the Act of 1985 is to that section as amended by sections 3 and 4 of the Representation of the People Act 19896.”.
9. In regulation 16(2) of the Regulations of 1986 (service declaration ceasing to be in force on change of circumstances), for the words from “as (a) a member” to “as the case may be” there shall be substituted the words “by virtue of the category set out in section 14(1) of the Act of 1983 giving that qualification when he made the declaration”.
10.—(1) In paragraph (1) of regulation 23 of the Regulations of 1986 (content of an overseas elector’s declaration), there shall be substituted—
(a)
(a) for the words “paragraphs (a) to (e)” the words “paragraphs (a) to (d)”, and
(b)
(b) for the words “paragraphs (2) and (3)” the words “paragraphs (2) to (7)”.
(2) After paragraph (3) of that regulation, there shall be added the following paragraphs—
“4 Where a declarant has on a previous occasion made an overseas elector’s declaration in pursuance of which he was registered in a register of parliamentary electors and, since being so registered, he has not been registered in a register of parliamentary electors by virtue of being resident or treated for the purposes of registration as resident at an address in the United Kingdom, his overseas elector’s declaration shall state those facts and give the date of the last register in which he was registered in pursuance of an overseas elector’s declaration.
For the purposes of the application of this regulation by regulation 14(5) above, this paragraph shall have effect as if, in addition to the modifications made by that regulation, the words “local government” are substituted for the word “parliamentary” in the second place where it occurs.
5 Where a declarant has not made an overseas elector’s declaration in pursuance of which he was registered in a register of parliamentary electors since being included in a register of parliamentary electors by virtue of being resident or treated for the purposes of registration as resident at an address in the United Kingdom, or has never made such a declaration, his overseas elector’s declaration shall state—
(a) in the case of a declarant who is the bearer of a British passport which describes his national status as “British citizen”, the number of that passport together with its date and place of issue; or
(b) in the case of a declarant who is not the bearer of such a passport, but who was born in the United Kingdom before 1st January 1983, those facts; or
(c) in the case of a declarant who is not the bearer of such a passport and who was not born in the United Kingdom before 1st January 1983, when and how he acquired the status of British citizen, together with the date, place and country of his birth.
For the purposes of the application of this regulation by regulation 14(5) above, this paragraph shall have effect as if, in addition to the modifications made by that regulation, the words “local government” are substituted for the word “parliamentary” in the second place where it occurs.
6 Where, in the case of a declarant to whom regulation 24 below applies (and who is accordingly required to transmit a copy of his birth certificate together with his declaration), his name on his birth certificate is not the same as his name as given in his overseas elector’s declaration, that declaration shall state the reason for the change of name.
7 Where, in the case of a declarant to whom regulation 24 below applies, he relies on the registration of either—
(a) a parent whose name in the register referred to in section 1(3A)(c) of the Act of 19857is not the same as the name of that parent as given in either the declarant’s birth certificate or overseas elector’s declaration in accordance with section 2(4)(c)(iii) of the Act of 19858, or
(b) a guardian whose name in the register referred to in section 1(3A)(c) of the Act of 1985 is not the same as the name of that guardian as given in the declarant’s overseas elector’s declaration in accordance with section 2(4)(c)(iii) of the Act of 1985,
that declaration shall state the name of the parent or, as the case may be, guardian as given in the register referred to in section 1(3A)(c) and, where known, the reason for the change or, as the case may be, changes of name or, where such reason (or reasons) is not known, a statement to that effect.
For the purposes of the application of this regulation by regulation 14(5) above, this paragraph shall have effect as if, in addition to the modifications made by that regulation, the words “section 3(4A)(c)”9are subsituted for the words “section 1(3A)(c)”, in each place where those words occur.”.
11. For regulation 24 of the Regulations of 1986 (officers authorised to attest overseas electors' declarations) there shall be substituted the following regulation—
“Certain declarants to supply copy of birth certificates
24.—(1) This regulation applies to a person who has made an overseas elector’s declaration in which he claims to be qualified as an overseas elector by virtue of the conditions set out in section 1(3A) of the Act of 1985, and who has not on a previous occasion made an overseas elector’s declaration in pursuance of which he was registered in a register of parliamentary electors.
For the purposes of the application of this regulation by regulation 14(5) above, this paragraph shall have effect as if, in addition to the modifications made by that regulation, the words “section 3(4A)” are substituted for the words “section 1(3A)”.
(2) Where this regulation applies, a declarant shall transmit together with his overseas elector’s declaration a copy of his birth certificate which shows the names of either or both of his parents as well as his date of birth.”.
12. For regulation 25 of the Regulations of 1986 (attestation of an overseas elector’s declaration) there shall be substituted the following regulation—
“Attestation of...
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