[F113BAAlteration of registers in Northern Ireland: pending electionsU.K.
(1)An alteration in a published version of a register of electors which takes effect under section 13A(2) [F2or section 13BC(3) or (6)] after the final nomination day in the case of an election to which this section applies is of no effect for the purposes of that election unless the alteration—
(a)is made in consequence of a decision or determination falling within section 13A(1)(c) or (d), and
(b)takes effect on or before the fifth day before the date of the poll.
(2)Subsection (3) applies if—
(a)at any time before the appropriate publication date in the case of an election to which this section applies, section 13A applies to the Chief Electoral Officer for Northern Ireland (by virtue of section 13A(1)) in connection with a determination or requirement falling within section 13A(1)(a) or (b), and
(b)no alteration made in consequence of that determination or requirement—
(i)has already taken effect, or
(ii)is due to take effect,
under section 13A(2)[F3, or section 13BC(3),] on or before the final nomination day.
(3)If, no later than the prescribed date, the Chief Electoral Officer is supplied with such additional material supporting the alteration as is prescribed, he must, on the appropriate publication date, issue a notice specifying the appropriate alteration in the register.
[F4(3A)In determining for the purposes of subsection (2)(b) whether an alteration made in consequence of the determination or requirement is due to take effect under section 13BC(3) on or before the final nomination day, the reference to section 13BA in section 13BC(2) is to be disregarded.
(3B)Subsection (3) does not require the Chief Electoral Officer to issue a notice under that subsection in a case where section 13BC(3) requires the officer to issue a notice under that provision at an earlier time.]
F5(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)Subsection (6) applies if—
(a)at any time before the appropriate publication date in the case of an election to which this section applies, section 13A applies to the Chief Electoral Officer for Northern Ireland (by virtue of section 13A(1)) in connection with a decision or determination falling within section 13A(1)(c) or (d), and
(b)no alteration made in consequence of that decision or determination—
(i)has already taken effect, or
(ii)is due to take effect,
under section 13A(2)[F6, or section 13BC(3) or (6),] on or before the fifth day before the date of the poll.
(6)The Chief Electoral Officer must, on the appropriate publication date, issue a notice specifying the appropriate alteration in the register.
[F7(6A)In determining for the purposes of subsection (5)(b) whether an alteration made in consequence of the decision or determination is due to take effect under section 13BC(3) on or before the fifth day before the date of the poll, the reference to section 13BA in section 13BC(2) is to be disregarded.
(6B)Subsection (6) does not require the Chief Electoral Officer to issue a notice under that subsection in a case where section 13BC(3) or (6) requires the officer to issue a notice under that provision at an earlier time.]
(7)Subsection (9) applies if—
(a)at any time on or after the appropriate publication date in the case of an election to which this section applies but before the prescribed time on the day of the poll, section 13A applies to the Chief Electoral Officer for Northern Ireland (by virtue of section 13A(1)), in connection with a notification mentioned in section 13A(1)(c), and
(b)in consequence of the notification—
(i)an entry relating to that person falls to be made in the register in respect of an address in the relevant election area, or
(ii)his entry in the register needs to be altered.
(8)Subsection (9) also applies if—
(a)at any time on or after the appropriate publication date in the case of an election to which this section applies but before the prescribed time on the day of the poll, section 13A applies to the Chief Electoral Officer for Northern Ireland (by virtue of section 13A(1)), in connection with a determination falling within section 13A(1)(d),
(b)the determination was made following a representation made by or on behalf of a person to the Chief Electoral Officer, and
(c)in consequence of the determination—
(i)an entry relating to that person falls to be made in the register in respect of an address in the relevant election area, or
(ii)his entry in the register needs to be altered.
(9)The Chief Electoral Officer must, when—
(a)he receives the notification referred to in subsection (7), or
(b)he makes the determination referred to in subsection (8),
issue a notice specifying the appropriate alteration in the register.
(10)In subsection (8)(b), “representation” means a representation made in accordance with prescribed requirements to the effect that the register contains a clerical error.
(11)A notice under subsection (3), (6) or (9)—
(a)is to be issued in the prescribed manner, and
(b)takes effect from the beginning of the day on which it is issued.
(12)This section applies to—
(a)parliamentary elections in Northern Ireland,
F8(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and
(c)elections to the Northern Ireland Assembly.
(13)Subsections (5) and (6) of section 13B apply for the purposes of this section as they apply for the purposes of that section.]
Textual Amendments
F1S. 13BA inserted (14.5.2008) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 6(2), 31; S.I. 2008/1318, art. 2
F2Words in s. 13BA(1) inserted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 2 para. 6(2); S.I. 2016/290, reg. 2
F3Words in s. 13BA(2)(b) inserted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 2 para. 6(3); S.I. 2016/290, reg. 2
F4S. 13BA(3A)(3B) inserted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 2 para. 6(4); S.I. 2016/290, reg. 2
F5S. 13BA(4) omitted (1.10.2014) by virtue of Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 16(1), 28; S.I. 2014/2613, art. 2(2)(c)
F6Words in s. 13BA(5)(b) inserted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 2 para. 6(5); S.I. 2016/290, reg. 2
F7S. 13BA(6A)(6B) inserted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 2 para. 6(6); S.I. 2016/290, reg. 2
F8S. 13BA(12)(b) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))
Modifications etc. (not altering text)
C1S. 13BA extended (Northern Ireland) (with modifications) (14.5.2008) by 1989 c. 3, Sch. 1 (as amended by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 30(1), 31, Sch. 4 para. 7(2)(b); S.I. 2008/1318, art. 2)
C2S. 13BA applied (with modifications) by S.I. 2001/1184, reg. 9, Sch. Pt. I (as substituted (17.3.2009) by S.I. 2009/726, regs. 1(1), 2(3)(4), Sch.)
C3S. 13BA applied (with modifications) by S.I. 2001/2599, art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3, Sch. 1)
C4S. 13BA modified (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 4 para. 2(2)
C5S. 13BA applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 1 para. 5 (with Sch. 1 para. 1(3)) (as amended (9.6.2016) by S.I. 2016/636, regs. 1, 3(4))
C6S. 13BA(9) applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), regs. 1, 39(12)