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Electoral Registration (Northern Ireland) Act 2005

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2Temporary modifications of s. 10A of Representation of the People Act 1983

(1)So long as this section remains in force, section 10A of the 1983 Act (maintenance of the registers: register of electors) is modified as follows.

(2)At the beginning of subsection (5A) insert “Subject to subsection (7B),”.

(3)For subsection (7) substitute—

“(7)Subsection (6) has effect subject to subsection (7B), and does not apply if, or to the extent that, regulations so provide in relation to any prescribed circumstances.”

(4)After subsection (7) insert—

“(7A)Subsection (7B) applies in the case of a person who is registered in the register in respect of any address, other than a person who is registered by virtue of section 1 of the Electoral Registration (Northern Ireland) Act 2005 or a person whose entry is retained in the register by virtue of the previous application of subsection (7B), where on conclusion of a canvass under section 10—

(a)the Chief Electoral Officer for Northern Ireland is unable to satisfy himself that the person was, on the 15th October in question, resident at that address because—

(i)the form mentioned in section 10(4) was not returned in respect of that address, or

(ii)for any other reason, insufficient information was obtained as to whether that person was resident at that address on that date, or

(b)the circumstances fall within paragraph (a) or (b) of subsection (5A).

(7B)If the Chief Electoral Officer for Northern Ireland has no information which suggests that the person concerned is no longer resident at the address on the 15th October in question, subsections (5)(a) and (5A) do not prevent the Chief Electoral Officer from retaining the entry of that person in the register until the publication of a revised version of the register under section 13(1) in the year next following that in which the canvass referred to in subsection (7A) was conducted.”

(5)In subsection (8), for “subsection (5), (5A) or (6)” substitute “subsections (5) to (7B)”.

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