The Local Elections (Northern Ireland) Order 2010

Supply of the marked register or lists after a local electionU.K.

This section has no associated Explanatory Memorandum

2.—(1) Any person entitled to be supplied in accordance with regulation 99, 102, 103, 104, 105, 106, 107 or 111 of the 2008 Regulations with copies of the full register at a local election is also a person entitled, subject to this paragraph and paragraph 5, to request that the proper officer supplies copies of the relevant part of the marked register or lists a proper officer is required to keep.

(2) A person whose entitlement to request copies of the marked register or lists under paragraph (1) arises from being in a category of persons to whom regulation 102, 103, 104, 105, or 106 applies before a particular local election, is entitled to request those documents regardless of whether, after that election, he or she remains in a category of persons who are entitled under those provisions.

(3) A request under sub-paragraph (1) must be made in writing and must—

(a)specify which of the marked register or lists (or the relevant part of the register or lists) are requested;

(b)state whether a printed copy is requested or a copy in data form; and

(c)state the purpose for which the marked register or lists will be used and why the supply or purchase of a copy of the full register or unmarked lists would not be sufficient to achieve that purpose.

(4) The proper officer must forward the request to the Chief Electoral Officer so the Chief Electoral Officer can make the determination required by sub-paragraph (5)(a).

(5) The proper officer must supply a copy of the relevant part of the marked register or lists where a request is duly made, and—

(a)the Chief Electoral Officer is satisfied that the requestor needs to see the marks on the marked register or lists in order to achieve the purpose for which they are requested; and

(b)the proper officer has received payment of a fee calculated in accordance with paragraph 6.

(6) If the Chief Electoral Officer is not satisfied in accordance with sub-paragraph (5)(a) the Chief Electoral Officer may treat the request for a copy of the marked register or lists as a request for information in unmarked lists under paragraph 15 of Part 1 of Schedule 2 to the 1985 Order or for the published copy of the full register in accordance with regulation 110 of the 2008 Regulations, or both and the proper officer must inform the requestor of the Chief Electoral Officer's determination in this regard.

(7) A person who obtains a copy of any part of the marked register or lists under this paragraph may only use it for the permitted purpose specified in paragraph 5(3), and any restrictions on the supply, disclosure and use of information—

(a)referred to in paragraph 5(2), or

(b)which would apply to the use of the full register under whichever of regulations 99, 102, 103, 104,105, 106, 107 or 111 of the 2008 Regulations entitled that person to obtain that document,

apply to such use.

(8) Any person who has obtained or is entitled to obtain a copy of the marked register or lists under this paragraph may—

(a)supply a copy of the marked register or lists to a processor for the purpose of processing the information contained therein, or

(b)procure that a processor processes and supplies to them any copy of the information in the marked register or lists which the processor has obtained under this paragraph,

for use in respect of the purposes for which that person is entitled to obtain such copy or information (as the case may be).

(9) For the purposes of this paragraph the relevant part of the marked register or lists is—

(a)where the person is entitled under the 2008 Regulations to the whole of the full register, the whole of the marked register or lists;

(b)where the person is entitled under the 2008 Regulations to so much of the full register as relates to a particular area, so much of the marked register or lists as relates to that area.

Modifications etc. (not altering text)