The Representation of the People (Franchise Amendment and Eligibility Review) (Northern Ireland) Regulations 2023

Prospective

CHAPTER 2 N.I. Review of registration entitlement of relevant citizens of the Union in Northern Ireland

Duty to determine whether relevant citizens of the Union satisfy the revised registration criteria N.I.

5.—(1) The Chief Electoral Officer must, in accordance with regulations 6 to 14, determine in the case of each relevant person whether the person satisfies the revised registration criteria.

(2) Subject to paragraphs (3) and (4), the Chief Electoral Officer must make the determination by the end of 31st January 2025.

(3) Paragraph (2) does not apply where at the end of 31st January 2025—

(a) the Chief Electoral Officer has requested information from a relevant person under regulation 10, and the date for response specified in that request has not yet passed,

(b) the 14-day period within which the relevant person may require a review hearing following notification from the Chief Electoral Officer pursuant to regulation 12 has not yet expired, or

(c) the relevant person has required a hearing pursuant to regulation 12(4), and—

(i) the review has not yet been heard, or

(ii) the review has been heard but the subject of the review has not been notified of the outcome of the review,

and in consequence the Chief Electoral Officer has not made a determination.

(4) Where paragraph (3) applies, the Chief Electoral Officer must make the determination specified in paragraph (1) as soon as reasonably practicable after 31st January 2025.

(5) Nothing in this Chapter prevents the Chief Electoral Officer from reviewing the eligibility of a relevant person to be or to remain registered in accordance with section 10A of the 1983 Act for reasons other than that they are a relevant person.

Commencement Information

I1 Reg. 5 in force at 7.5.2024, see reg. 1(2)

Procedure for reviewing entitlement to registration – data-based review N.I.

6.—(1) The Chief Electoral Officer must in the case of each relevant person conduct a review to determine whether they continue to be a person who satisfies the revised registration criteria.

(2) As part of a review under paragraph (1), the Chief Electoral Officer may consider (amongst other things) any information provided in accordance with regulation 27(1)(caa)(1) of the 2008 Regulations as part of an application received from a relevant person pursuant to section 13A(1)(a) of the 1983 Act.

Commencement Information

I2 Reg. 6 in force at 7.5.2024, see reg. 1(2)

Procedure for reviewing entitlement to registration – correspondence-based review N.I.

7.—(1) Subject to paragraph (2), where the Chief Electoral Officer is not satisfied following a review under regulation 6 that a relevant person satisfies the revised registration criteria, the Chief Electoral Officer must—

(a) give notice to that person containing the information specified at paragraph (3) (a “first review notice”), and

(b) enter the review in the list kept pursuant to regulation 37 of the 2008 Regulations.

(2) Where the relevant person is registered pursuant to—

(a) a declaration of local connection under section 7B of the 1983 Act,

(b) an application for anonymous entry under section 9B of the 1983 Act, or

(c) a service declaration,

and the date on which the relevant person’s entitlement to remain registered under (as the case may be) section 7C, 9C or 15 of the 1983 Act(2) expires is before the end of 31st January 2025, paragraph (1) is to be read as if for “must” there were substituted “may”.

(3) A first review notice must—

(a) explain that the criteria under section 4(3) to (6) of the 1983 Act by which a citizen of a member State is eligible to be registered in the register of local electors have changed,

(b) state that the Chief Electoral Officer is not satisfied that the relevant person remains entitled to be registered, and the grounds for the Chief Electoral Officer’s opinion,

(c) specify any further information relating to whether that person satisfies the revised registration criteria that the Chief Electoral Officer requests the relevant person to provide,

(d) provide information on how the relevant person may respond to the request for information, and

(e) state that it is an offence to provide false information to the Chief Electoral Officer, and the maximum penalty for that offence.

(4) Paragraph (5) applies where—

(a) the Chief Electoral Officer gives a first review notice to a relevant person, and

(b) that person does not respond within a reasonable time from the date on which that notice is given.

(5) The Chief Electoral Officer must give a further notice to the relevant person, setting out the same information as at paragraph (3) (a “second review notice”).

(6) Subject to paragraph (7), a first or second review notice may be given to a relevant person either—

(a) by sending it to the person’s address, or

(b) by electronic means.

(7) Where the first review notice was given to a relevant person by electronic means, the second review notice must be sent to the person’s address.

(8) The Chief Electoral Officer may contact the relevant person, either by telephone or by visiting the address to which a first or second review notice was delivered, in order to—

(a) obtain information requested in the notice, or

(b) encourage the relevant person to provide the information requested.

Commencement Information

I3 Reg. 7 in force at 7.5.2024, see reg. 1(2)

Notification of possible removal in the event of non-response N.I.

8.—(1) Paragraph (2) applies where—

(a) the Chief Electoral Officer has given a second review notice to a relevant person, and

(b) the relevant person has not responded within a reasonable time from the date on which that notice was given.

(2) The Chief Electoral Officer must send a notice to the relevant person (a “notification of possible removal”) which must—

(a) include the information set out in regulation 7(3),

(b) state the date of issue of the notice, and

(c) state that if within 14 days beginning with the date of issue the Chief Electoral Officer has not received the information requested—

(i) the Chief Electoral Officer may determine the review and remove the person’s entry from the register, and

(ii) the relevant person would not be entitled to appeal against the Chief Electoral Officer’s determination.

(3) A notification of possible removal must be delivered to the relevant person by paper communication to the person’s address, accompanied by a pre-addressed reply envelope, return postage of which must be prepaid.

Commencement Information

I4 Reg. 8 in force at 7.5.2024, see reg. 1(2)

Requirement to attempt personal contact with relevant person N.I.

9.—(1) This regulation applies where—

(a) the Chief Electoral Officer has issued a notification of possible removal to a relevant person,

(b) the relevant person is not registered pursuant to—

(i) a declaration of local connection under section 7B of the 1983 Act,

(ii) an application for anonymous entry under section 9B of the 1983 Act, or

(iii) a service declaration,

(c) the relevant person has not responded to the notification of possible removal, and

(d) the Chief Electoral Officer has not previously attempted to contact the relevant person by telephone or by visiting the address.

(2) Where this regulation applies, within 7 days beginning with the date of issue of the notification of possible removal, the Chief Electoral Officer must attempt to contact the relevant person, either by telephone or by visiting the address, in order to—

(a) obtain information requested in the notification, or

(b) encourage the relevant person to provide the information requested.

(3) Where this regulation applies, the Chief Electoral Officer must not determine that the relevant person has ceased to satisfy the registration criteria before that Officer has attempted to contact the relevant person in accordance with paragraph (2).

(4) In this regulation, the “address” means the address to which the first or second review notice under regulation 7(1) or (5) was delivered.

Commencement Information

I5 Reg. 9 in force at 7.5.2024, see reg. 1(2)

Request for further information N.I.

10.—(1) Paragraph (2) applies where—

(a) the Chief Electoral Officer has sent a first or second review notice or notification of possible removal to the relevant person, and

(b) the relevant person has responded.

(2) If the Chief Electoral Officer requests further information from the relevant person for the purposes of the determination under regulation 5(1), the request must state that if by a specified date that is a reasonable time after the request was issued the Chief Electoral Officer has not received the information requested—

(a) the Chief Electoral Officer may determine the review and remove the person’s entry from the register, and

(b) the relevant person would not be entitled to appeal against the Chief Electoral Officer’s determination.

Commencement Information

I6 Reg. 10 in force at 7.5.2024, see reg. 1(2)

Confirmation of continued registration following review N.I.

11.—(1) Where, in accordance with this Chapter, the Chief Electoral Officer determines that a relevant person satisfies the revised registration criteria, the Chief Electoral Officer must—

(a) send a confirmation notice to that person in accordance with paragraph (2), and

(b) mark that person’s name in accordance with regulation 51(3A) of the 2008 Regulations(3).

(2) A confirmation notice under paragraph (1) must—

(a) be sent to the person’s address, or by electronic means,

(b) state that the criteria under section 4(3) to (6) of the 1983 Act by which a citizen of a member State is eligible to be registered in the register of local electors have changed, and

(c) state that the Chief Electoral Officer has determined that the relevant person satisfies those criteria.

Commencement Information

I7 Reg. 11 in force at 7.5.2024, see reg. 1(2)

Procedure for removal following response to communications N.I.

12.—(1) This regulation applies where—

(a) a relevant person has responded to a notice, notification or request under regulations 7 to 10 or has provided requested information in response to the Chief Electoral Officer making contact with that person, and

(b) the Chief Electoral Officer is not satisfied that the relevant person satisfies the revised registration criteria.

(2) The Chief Electoral Officer must send a notice to the relevant person’s address, which must—

(a) state the date of issue of the notice,

(b) advise that the criteria under section 4(3) to (6) of the 1983 Act by which a citizen of a member State is eligible to be registered in the register of local electors have changed,

(c) state that the Chief Electoral Officer is of the opinion that the relevant person does not satisfy the revised registration criteria, and the grounds for the Chief Electoral Officer’s opinion,

(d) state that if the relevant person does not within 14 days beginning with the date of issue notify the Chief Electoral Officer that the relevant person requires a review hearing—

(i) the Chief Electoral Officer may determine the review and remove the relevant person’s entry from the register, and

(ii) the relevant person would not be entitled to appeal against the Chief Electoral Officer’s determination in those circumstances, and

(e) state that after 14 days beginning with the date of issue, the relevant person can contact the Chief Electoral Officer to find out if the Chief Electoral Officer has removed the relevant person’s entry from the register.

(3) Subject to paragraph (4), where the Chief Electoral Officer has delivered the notice under paragraph (2), that Officer may determine that the relevant person does not satisfy the revised registration criteria and (if such a determination is made) remove the relevant person’s entry from the register.

(4) The Chief Electoral Officer may not make a determination under paragraph (3) if, within 14 days beginning with the date of issue of the notice mentioned in that paragraph, the relevant person notifies the Chief Electoral Officer that the person requires a hearing.

(5) Where the relevant person requires a review hearing pursuant to paragraph (4), paragraphs (2) to (7) of regulation 38 of the 2008 Regulations apply (and see also regulation 13(2)).

Commencement Information

I8 Reg. 12 in force at 7.5.2024, see reg. 1(2)

Notification of outcome of reviews N.I.

13.—(1) This regulation applies where the Chief Electoral Officer has sent a notice to a relevant person’s address under regulation 12(2).

(2) If, within 14 days beginning with the date of issue of the notice, the relevant person requires the review to be heard the Chief Electoral Officer must notify the relevant person in writing of the outcome of the review hearing and when doing so—

(a) state whether there is a right of appeal under section 58(1)(b) of the 1983 Act,

(b) specify the time within which any notice of appeal under that section must be given (in accordance with regulation 39(2) of the 2008 Regulations), and

(c) provide such other information about the appeal as the Chief Electoral Officer considers necessary.

(3) If the relevant person does not within those 14 days require the review to be heard—

(a) the Chief Electoral Officer may notify the person of the outcome of the review, and

(b) if the Chief Electoral Officer makes in relation to that person a determination pursuant to regulation 12(3), that Officer may inform the person that (in accordance with section 58(2)(a) of the 1983 Act) there is no right of appeal against that determination.

Commencement Information

I9 Reg. 13 in force at 7.5.2024, see reg. 1(2)

Confirmation of ceased registration following non-response to communications N.I.

14.—(1) This regulation applies where a relevant person does not respond—

(a) to a notification of possible removal within the period of 14 days beginning with the date of issue of that notification, or

(b) to a request for further information under regulation 10(2) following a notification of possible removal, by the date specified in that request.

(2) Where this regulation applies—

(a) the Chief Electoral Officer may determine that the relevant person does not satisfy the revised registration criteria, and

(b) if the Chief Electoral Officer does so, that Officer must—

(i) send to the relevant person’s address a notification containing the information set out in paragraph (3), and

(ii) remove the relevant person’s entry from the register.

(3) A notification under paragraph (2) must—

(a) advise that the criteria under section 4(3) to (6) of the 1983 Act by which a citizen of a member State is eligible to be registered in the register of local electors have changed,

(b) state that the Chief Electoral Officer has determined that the relevant person does not satisfy those criteria, and the Chief Electoral Officer’s reasoning for that determination,

(c) state that there is no right of appeal against that determination,

(d) state that the relevant person’s entry has accordingly been removed from the register and that the person may apply to register again if they consider they are eligible to do so, and

(e) be accompanied by an electoral registration application form and by a pre-addressed reply envelope, return postage of which must be pre-paid.

Commencement Information

I10 Reg. 14 in force at 7.5.2024, see reg. 1(2)

(1)

Regulation 27(1)(caa) of the 2008 Regulations is inserted by regulation 18 of this instrument.

(2)

Section 7C was inserted by section 6 of the Representation of the People Act 2000 (c. 2) and amended by section 14 of the Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), by section 12 of the Electoral Administration Act 2006 (c. 22), and by paragraph 4 of Schedule 4 to the Electoral Registration and Administration Act 2013 (c. 6). Section 9C was inserted by section 10(1) of the Electoral Administration Act 2006 and amended by paragraph 8 of Schedule 4 to the Electoral Registration and Administration Act 2013. Section 15 was amended by paragraph 8 of Schedule 1 to the Representation of the People Act 2000; by sections 12(7) and 13(1) of the Electoral Administration Act 2006; by paragraph 15 of Schedule 4 to the Electoral Registration and Administration Act 2013, by paragraph 1(4) of Schedule 8 to the Elections Act 2022 (c. 37) and by S.I. 1995/1948.

(3)

Paragraph (3A) of regulation 51 is inserted by regulation 19(c).