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Northern Ireland (Miscellaneous Provisions) Act 2006

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This is the original version (as it was originally enacted).

Periodical canvass etc.

2Abolition of annual canvass

Explanatory NotesShow EN

(1)Amend section 10 of the 1983 Act (maintenance of registers: annual canvass) as follows.

(2)In subsection (1), after “registration officer” insert “in Great Britain”.

(3)After subsection (1) insert—

(1A)The Chief Electoral Officer for Northern Ireland must conduct a canvass in Northern Ireland in such years as are determined in accordance with section 10ZA.

(4)In subsection (2)—

(a)for “for any year” substitute “under subsection (1) or (1A)”, and

(b)for “that year” substitute “the year in which it is conducted”.

(5)In the heading, for “annual canvass” substitute “duty to conduct canvass”.

3Timing of canvass

Explanatory NotesShow EN

After section 10 of the 1983 Act insert—

10ZANorthern Ireland: timing of canvass

(1)A canvass under section 10(1A) must be conducted in—

(a)the year 2010, unless the Secretary of State makes an order providing that the requirement in this paragraph does not apply;

(b)every tenth year following 2010.

(2)A canvass under section 10(1A) must be conducted in an intervening year if—

(a)on or before 15th April in that year, the Chief Electoral Officer for Northern Ireland has made a recommendation in favour of a canvass being conducted in that year for the purpose of meeting the relevant registration objectives, and

(b)the Secretary of State, having considered the recommendation, has notified the Chief Electoral Officer that he is satisfied that the public interest requires a canvass to be conducted for that purpose.

(3)If no canvass under section 10(1A) is conducted before the end of 2015, a canvass must be conducted in 2016.

(4)“Intervening year” means a year other than—

(a)2010,

(b)every tenth year following 2010, and

(c)if no canvass under section 10(1A) is conducted before the end of 2015, 2016.

(5)The Secretary of State may not make an order under subsection (1)(a) unless—

(a)on or before 15th April 2010, the Chief Electoral Officer for Northern Ireland has made a recommendation against a canvass being conducted in the year 2010 for the purpose of meeting the relevant registration objectives, and

(b)the Secretary of State, having considered the recommendation, is satisfied that the public interest does not require a canvass to be conducted for that purpose.

(6)The power to make an order under subsection (1)(a) is exercisable by statutory instrument.

(7)No order is to be made under subsection (1)(a) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

(8)“Recommendation” means a written recommendation to the Secretary of State.

4The relevant registration objectives

Explanatory NotesShow EN

After section 10ZA of the 1983 Act insert—

10ZBThe relevant registration objectives (Northern Ireland)

(1)The relevant registration objectives are to secure, so far as reasonably practicable—

(a)that every person who is entitled to be registered in a register is registered in it,

(b)that no person who is not entitled to be registered in a register is registered in it, and

(c)that none of the required information relating to any person registered in a register is false.

(2)But, in applying subsection (1), the registrations of the persons mentioned in section 10(3) (registrations with which a canvass is not concerned) must be disregarded.

(3)“Register” means a register maintained by the Chief Electoral Officer for Northern Ireland under section 9.

(4)“The required information” means the following (as appearing in the register or other records of the Chief Electoral Officer)—

(a)the person’s name;

(b)the person’s qualifying address;

(c)the person’s date of birth;

(d)subject to subsections (5) and (6), the person’s signature;

(e)the person’s national insurance number or a statement that he does not have one.

(5)The required information does not include the person’s signature if—

(a)the Chief Electoral Officer has dispensed with the requirement to provide a signature, or

(b)other evidence of identity is required (instead of a signature) under a CORE scheme.

(6)If under a CORE scheme other evidence is required instead of a signature, the required information includes that evidence.

(7)“False”, in relation to a signature, means that the signature is not the usual signature of, or was written by a person other than, the person whose signature it purports to be.

(8)“CORE scheme” has the same meaning as in Part 1 of the Electoral Administration Act 2006.

5Publication and alteration of registers

Explanatory NotesShow EN

(1)In section 13 of the 1983 Act (publication of registers), for subsection (1) substitute—

(1)Each registration officer must for each year publish a revised version of his registers—

(a)if there is a canvass in his area in that year, during the period starting with the end of the canvass in that year and ending with 1st December in that year or such later date as may be prescribed, or

(b)if (in Northern Ireland) there is no canvass in that year, on 1st December in that year or by such later date as may be prescribed.

(2)In section 13A of the 1983 Act (alteration of registers), in subsection (3)(b), for “section 13(1)” substitute “section 13(1)(a)”.

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