The Representation of the People (Franchise Amendment and Eligibility Review) (Northern Ireland) Regulations 2023 No. 1176

Prospective

PART 4 N.I. Amendments relating to applications to register by qualifying EU citizens and EU citizens with retained rights

Amendment of the 2008 Regulations N.I.

17.  The 2008 Regulations are amended in accordance with this Part.

Commencement Information

I1 Reg. 17 in force at 7.5.2024, see reg. 1(2)

Amendment of regulation 27 (applications for registration) N.I.

18.—(1) Regulation 27 (applications for registration) is amended as follows.

(2) In paragraph (1), after sub-paragraph (ca), insert—

“(caa) in the case of an applicant who is a citizen of a Member State of the European Union that is not listed in Schedule 6A to the 1983 Act(1), other than a citizen of Cyprus, Malta or the Republic of Ireland, an indication as to whether the applicant meets the requirements set out in section 203B(1) of the 1983 Act(2);”.

(3) After paragraph (3) insert—

“(3ZA) Where the registration officer provides the form on which an application for registration is made, the form must include—

(a) the following statements—

(i) that persons without lawful immigration status are ineligible to register to vote;

(ii) that the registration officer may request checks in relation to an applicant’s immigration status against Home Office records, and that, for persons applying to register as EU citizens with retained rights only, this may include checks in relation to historical immigration status;

(b) a statement that a person is ineligible to vote unless the person is—

(i) a qualifying Commonwealth citizen,

(ii) a citizen of the Republic of Ireland,

(iii) a qualifying EU citizen, or

(iv) an EU citizen with retained rights;

(c) a statement that the registration officer may require the applicant to provide additional information in relation to nationality, may carry out checks against Government records, and that, for persons applying to register as EU citizens with retained rights only, this may include checks in relation to historical nationality.”.

Commencement Information

I2 Reg. 18 in force at 7.5.2024, see reg. 1(2)

Amendment of regulation 51 (marking of names) N.I.

19.  In regulation 51 (marking of names)—

(a) in paragraph (1), for “(3),” substitute “(3A),”;

(b) omit paragraph (3);

(c) before paragraph (5), insert—

“(3A) To indicate that a qualifying EU citizen or an EU citizen with retained rights is registered only in the register of local electors, the letter “B” shall be placed against the person’s entry.”.

Commencement Information

I3 Reg. 19 in force at 7.5.2024, see reg. 1(2)

(1)

Schedule 6A was inserted by paragraph 1 of Schedule 8 to the Elections Act 2022 (c. 37).

(2)

Section 203B was inserted by paragraph 1(11) of Schedule 8 to the Elections Act 2022.