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The Representation of the People (Northern Ireland) Regulations 2008

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Representation of the People (Northern Ireland) Regulations 2008 No. 1741

Regulation 14

SCHEDULE 4APPLICATION WITH MODIFICATIONS OF PROVISIONS OF THE 1983 AND 1985 ACTS FOR REGISTRATION OF EUROPEAN PARLIAMENTARY OVERSEAS ELECTORS

This schedulenoteType=Explanatory Memorandum has no associated
1 Provision applied2 Modification
PART 1: THE 1983 ACT
Section 4(5) (attainers)(1)
Section 9 (register of electors)(2)In subsection (1)(a) omit “for each constituency or part of a constituency”.
In subsection (2) omit “subject to section 9B(3) below”.
Omit subsection (2)(b).
Omit subsections (5) to (8).
Section 13 (publication of registers)(3)For subsection (1) to (3) substitute:
“(1) Where a register under section 3 of the 1985 Act is in force, a revised version of it shall be published when a revised version of the registers of parliamentary and local government electors is published under this section as it has effect for the purposes of such registers”.
In subsection (5) omit the words “, 13B or 13BA”.
Section 13A (alteration of register)(4)In subsection (2)(b) omit the words “(subject to sections 13B(1) and 13BA(1) below)”.
In subsection (3)(a) omit “or 3”.
In subsection (3)(b) for “section 13(1)(a)” substitute “section 13(1)”.
Omit subsection (4).
In subsection (5) omit “and section 13B or 13BA below”.
Section 50 (effect of misdescription)For paragraphs (a), (b) and (c) substitute “in the register”.
Section 52 (discharge of registration duties)(5)In subsections (1), (2) and (4) after the word “Act” insert “and regulation 14 of the Representation of the People (Northern Ireland) Regulations 2008.”
Section 54 (payment of expenses of registration)(6)In subsection (1) after the word “Act” in the first place where it occurs, insert “and Regulation 14 of the Representation of the People (Northern Ireland) Regulations 2008”.
1 Provision applied2 Modification
Omit subsection (3).
Section 58 (registration appeals: Northern Ireland)(7)In subsection (4) omit “and 13BA”.
In subsection (5) for “,13A(2) or 13BA(6) or (9)” substitute “or 13A(2)”.

Section 63 (breach of official duty)(8)

In subsection (3)—

(a)for paragraphs (a) to (d) substitute:

(a)any registration officer; and

(b)for the words from “relating to” to the end of the subsection substitute “relating to the registration of European Parliamentary overseas electors”.

PART 2: THE 1985 ACT

Section 2 (registration of British citizens overseas)(9)

In subsection (1)(a) omit “constituency or”.

In paragraph (c) of subsection (2) for the words from “parliamentary” to the end of that paragraph, substitute “local electors”.

In subsection (4)(a) for “section 1” substitute “section 3”.

In subsection (7) for “any constituency or part of a constituency” substitute “the electoral region”.

In subsection (8) for “section 1(1)(a)” substitute “section 3(1)(a)”.

In section 12 (offences as to declarations etc), subsections (1), (2) and (4)

In subsection (1)(a) for word “parliamentary” substitute “European Parliamentary”.

(1)

1983 c.2; section 4 was substituted by section 1(2) of the 2000 Act (c.2).

(2)

Section 9 was substituted by Schedule 1 to the 2000 Act. Subsection (2) was amended by paragraph 4 of Schedule 1 to the 2006 Act (c.22) but these amendments (which inserted the words “subject to section 9B(3)” do not extend to Northern Ireland. Subsection (5) was also amended by the 2006 Act but these amendments do not extend to Northern Ireland. Subsection (6) was omitted by section 9(2) of the 2006 Act but this amendment does not extend to Northern Ireland.

(3)

Sections 13 to 13B were substituted by Schedule 1 to the 2000 Act. Subsection 13(1) was substituted by section 5(1) of the Miscellaneous Provisions Act (c.33). The words “or 13BA” were inserted by Schedule 4 to the Miscellaneous Provisions Act 2006.

(4)

Subsections (1), (2), (4) and (5) were amended by Schedule 4 to the Miscellaneous Provisions Act. Subsections (2A) and (2B) were inserted by section 1 of the 2002 Act (c.13). Subsection (3) was amended by section 5 of the Miscellaneous Provisions Act. The amendments made to section 13A by section 11 of the 2006 Act do not extend to Northern Ireland.

(5)

Section 52 was amended by Schedule 4 to the 1985 Act (c.50) and subsection (1A) was inserted by Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c.41).

(6)

Section 54 was amended by Schedule 4 to the 1985 Act.

(7)

Section 58 was substituted by Schedule 1 to the 2000 Act and then, for Northern Ireland, by Schedule 4 to the Miscellaneous Provisions Act.

(8)

Section 63 was substituted by Schedule 4 to the 1985 Act. Subsection (3) was amended by section 41(8) of the 2006 Act and S.I.2001/1149. Subsections (4) and (5) were inserted by section 46(6) of the 2006 Act.

(9)

Section 2 was substituted by Schedule 2 to the 2000 Act and subsection (2)(aa) was inserted by section 12(9) of the 2006 Act.

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