The Representation of the People (Northern Ireland) (Amendment) Regulations 2014

Citation, commencement, extent and interpretation

1.—(1) These Regulations may be cited as the Representation of the People (Northern Ireland) (Amendment) Regulations 2014 and come into force on 15th September 2014.

(2) These Regulations extend only to Northern Ireland.

(3) In the following provisions of these Regulations, unless otherwise stated, any reference to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in the Representation of the People (Northern Ireland) Regulations 2008(1).

Amendment of the Representation of the People (Northern Ireland) Regulations 2008

2.  In regulation 3 (interpretation), after the definition of “candidate” insert—

““certificate of anonymous registration” means a certificate issued in pursuance of regulation 53D;”.

3.  For regulation 9 substitute—

“Official poll card and postal poll card at parliamentary elections

9.— (1) The following forms are prescribed for the purpose of rule 28(3) of the elections rules(2).

(2) The official poll card issued to an elector must be in Form A.

(3) The official postal poll card issued to an elector who is on the absent voters list for the election (kept under section 7(4) of the 1985 Act) must be in Form A1.

(4) The official poll card issued to the proxy of an elector must be in Form B.

(5) The official postal poll card issued to the proxy of an elector who is entitled to vote by post as proxy at the election must be in Form B1.”

4.  After regulation 26 insert—

“Reminders to persons who have an anonymous entry

26A.— (1) This regulation applies to a person (“P”) who has an anonymous entry in the register of parliamentary or local electors.

(2) Subject to paragraph (3), the registration officer must, during the relevant period, send to P a reminder that P’s entitlement to be registered will terminate on the determined date and that—

(a) if P wishes to remain entered in the register anonymously after that date, P must make a fresh application for an anonymous entry under section 9B(1)(b) of the 1983 Act(3);

(b) if P wishes to remain entered in the register without an anonymous entry, P must make a fresh application for registration under section 10A(1)(a) of the 1983 Act(4).

(3) Paragraph (2) does not apply (or ceases to apply) where the registration officer has received from P a fresh application for an anonymous entry under section 9B(1)(b) of the 1983 Act.

(4) In this regulation—

“the determined date” is the date on which P’s entitlement to remain registered will terminate under section 9C(1A) of the 1983 Act(5);

“the relevant period” is the period beginning six months before the determined date and ending three months before that date.”.

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

(2) In paragraph (1)—

(a) at the end of sub-paragraph (e), omit “and”;

(b) in sub-paragraph (f), after “applicant” insert “whose application is not accompanied by an application for an anonymous entry and”;

(c) at the end of sub-paragraph (f) insert “and” and after that sub-paragraph insert—

“(g) in the case of an applicant whose application is accompanied by an application for an anonymous entry, that fact.”.

(3) After paragraph (9) insert—

“(10) Paragraphs (6) to (9) do not apply to an application for registration which is accompanied by an application for an anonymous entry.”.

6.  In regulation 29 (inspection of applications and objections), the existing text becomes paragraph (1) of that regulation and after paragraph (1) insert—

“(2) This regulation does not apply to an application for registration which is accompanied by an application for an anonymous entry.”.

7.—(1) Regulation 30 (procedure for determining applications for registration and objections without a hearing) is amended as follows.

(2) After paragraph (3) insert—

“(3A) Paragraph (3) does not apply to an application accompanied by an application for an anonymous entry.”.

(3) At the beginning of paragraph (7) insert “Subject to paragraph (7A),”.

(4) After paragraph (7) insert—

“(7A) In the case of an application for registration accompanied by an application for an anonymous entry, the registration officer may allow the application for registration without a hearing at any time.”.

8.  In regulation 36 (procedure for reviewing entitlement to registration), after paragraph (2) insert—

“(2A) Paragraph (2)(b) does not apply where the subject of the review has an anonymous entry.”.

9.  In regulation 37 (list of reviews), after paragraph (3) insert—

“(4) This regulation does not apply to any review where the subject of the review has an anonymous entry.”.

10.  After regulation 38 insert—

“Anonymous registration: applications and declarations

38A.— (1) An application for an anonymous entry must state—

(a) the applicant’s full name,

(b) the address given in accordance with regulation 27(1)(b),

(c) the reason for the application, and

(d) the date of the application.

(2) The application must be in writing and signed by the applicant.

(3) The application must be accompanied by—

(a) evidence of the nature prescribed in regulation 38C or 38D, and

(b) an application for an absent vote.

(4) Where the evidence mentioned in paragraph (3)(a) relates not to the applicant, but to another person of the same household as the applicant, the application must be accompanied by evidence that that person is of that household.

(5) The application must be accompanied by a declaration made by the applicant that—

(a) the particulars given in accordance with paragraph (1) are true,

(b) so far as the applicant is aware, the evidence provided in pursuance of paragraph (3)(a) is genuine, and

(c) where paragraph (4) applies—

(i) the person to whom the evidence relates is a person of the same household of the applicant, and

(ii) so far as the applicant is aware, the evidence provided in pursuance of paragraph (4) is genuine.

(6) The application may give an address to which the registration officer must send correspondence, other than the address given in accordance with paragraph (1)(b).

(7) In this regulation, “an application for an absent vote” means—

(a) in relation to parliamentary elections, an application under section 6 of the 1985 Act(6);

(b) in relation to local elections, an application under paragraph 1 of Part 1 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985(7).

Anonymous registration: determination of applications by the registration officer

38B.— (1) Paragraph (2) applies where—

(a) in the case of an application under section 9B(1)(a) of the 1983 Act, the registration officer determines that the applicant for an anonymous entry is entitled to be registered, and

(b) in the case of an application under section 9B(1)(a) or (b) of that Act, the application for an anonymous entry is made in accordance with regulation 38A.

(2) The registration officer must determine that the safety test is satisfied (and accordingly allow the application for an anonymous entry) where that officer is satisfied—

(a) that the evidence provided in support of the application in pursuance of regulation 38A(3)(a) constitutes evidence of the nature prescribed in regulation 38C or 38D, and

(b) in the case of an application where paragraph (4) of regulation 38A applies, that the evidence provided in pursuance of that paragraph establishes that the person in question is a person of the same household as the applicant.

(3) The registration officer must determine the date on which the applicant’s entitlement to remain registered with an anonymous entry terminates (the “date of termination”) in accordance with paragraphs (4) and (5).

(4) Where the evidence provided under regulation 38A(3)(a) is evidence of the nature prescribed in regulation 38C, the date of termination is whichever is the earlier of the following—

(a) the date on which the relevant order or injunction will expire or will cease to be a relevant order or injunction within the meaning of regulation 38C(3)(a)(8) (where such a date is specified in the relevant order or injunction), or

(b) the end of the period of five years, beginning with—

(i) in the case of an application under section 9B(1)(a) of the 1983 Act, the date when the person’s entry in the register first takes effect; or

(ii) in the case of an application under section 9B(1)(b) of that Act, the date when the Chief Electoral Officer determines under section 9B(2) of that Act that the safety test is satisfied.

(5) Where the evidence provided under regulation 38A(3)(a) is evidence of the nature prescribed in regulation 38D, the date of termination is the date on which the attestation will cease to have effect under regulation 38D(3)(9).

Anonymous registration: evidence consisting of relevant court orders or injunctions

38C.— (1) Evidence which meets the following conditions is prescribed for the purpose of regulation 38A(3)(a).

(2) The first condition is that the evidence is, or is a copy of, a relevant order or injunction.

(3) A relevant order or injunction is—

(a) an injunction for the purpose of restraining a person from pursuing any conduct which amounts to harassment granted in proceedings under section 3 of the Protection from Harassment Act 1997(10);

(b) an injunction granted under section 3A(2) of the Protection from Harassment Act 1997;

(c) a restraining order made under section 5(1) of the Protection from Harassment Act 1997;

(d) a restraining order on acquittal made under section 5A(1) of the Protection from Harassment Act 1997;

(e) a non-harassment order, interdict or interim interdict made under section 8 or 8A of the Protection from Harassment Act 1997;

(f) a non-harassment order made under section 234A(2) of the Criminal Procedure (Scotland) Act 1995(11);

(g) a non-molestation order made under section 42(2) of the Family Law Act 1996(12);

(h) an injunction for the purpose of restraining a person from pursuing any conduct which amounts to harassment granted in proceedings under article 5 of the Protection from Harassment (Northern Ireland) Order 1997(13);

(i) a restraining order made under article 7 of the Protection from Harassment (Northern Ireland) Order 1997;

(j) a restraining order on acquittal made under article 7A(1) of the Protection from Harassment (Northern Ireland) Order 1997;

(k) a non-molestation order made under article 20(2) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998(14).

(l) a matrimonial interdict within the meaning of section 14 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981(15);

(m) a domestic interdict within the meaning of section 18A of the Matrimonial Homes (Family Protection) (Scotland) Act 1981;

(n) a relevant interdict within the meaning of section 113 of the Civil Partnership Act 2004(16);

(o) an interdict that has been determined to be a domestic abuse interdict within the meaning of section 3 of the Domestic Abuse (Scotland) Act 2011(17);

(p) any interdict with an attached power of arrest made under section 1 of the Protection from Abuse (Scotland) Act 2001(18); or

(q) a forced marriage protection order or interim forced marriage protection order made under any of the following provisions—

(i) Part 4A of the Family Law Act 1996(19);

(ii) section 2 of, and paragraph 1 of Schedule 1 to, the Forced Marriage (Civil Protection) Act 2007(20);

(iii) section 1 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011(21);

(iv) section 5 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011.

(4) The second condition is that the relevant order or injunction is made for the protection, or otherwise for the benefit, of—

(a) the applicant for an anonymous entry, or

(b) another person of the same household as the applicant.

(5) The third condition is that the relevant order or injunction is in force on the day on which the application for an anonymous entry is made.

Anonymous registration: evidence by attestation

38D.— (1) An attestation within the meaning of this regulation is prescribed for the purposes of regulation 38A(3)(a).

(2) The attestation must—

(a) certify that the safety of the applicant, or of another named person of the same household as the applicant, would be at risk if the register contained the name of the applicant or the applicant’s qualifying address,

(b) state the date on which it is made, and

(c) be in writing and signed by a qualifying officer.

(3) The attestation must state the period for which it has effect, being a period of between one and five years beginning with the date on which the attestation is made.

(4) Qualifying officer means—

(a) a police officer of or above the rank of superintendent of the Police Service of Northern Ireland;

(b) a police officer of or above the rank of superintendent of any police force in England and Wales;

(c) a police officer of or above the rank of superintendent of the Police Service of Scotland;

(d) the Director General of the Security Service;

(e) the Director General of the National Crime Agency;

(f) any director of adult social services in England within the meaning of section 6(A1) of the Local Authority Social Services Act 1970(22);

(g) any director of social services in Wales within the meaning of section 6(1) of the Local Authority Social Services Act 1970;

(h) any director of children’s services in England within the meaning of section 18 of the Children Act 2004(23);

(i) any chief social work officer in Scotland within the meaning of section 3 of the Social Work (Scotland) Act 1968(24);

(j) the director of social care and children of the Regional Health and Social Care Board established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009(25);

(k) any executive director of social work of a Health and Social Services Trust established under article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991(26).

Anonymous registration: review of entitlement to an anonymous entry

38E.— (1) The registration officer must discharge the function under section 9C(1B)(b) of the 1983 Act(27) in accordance with this regulation.

(2) The registration officer may conduct a review in respect of a person entered in the register with an anonymous entry (“P”).

(3) P may require a hearing of the review.

(4) Where the registration officer is of the opinion that the safety test is no longer satisfied in respect of P, that officer must, as that officer considers appropriate, send to P a notice which—

(a) states that the registration officer is of the opinion that the safety test is no longer satisfied in respect of P, the grounds for that officer’s opinion and that P may require a hearing of the review by notifying the registration officer within 14 days beginning with the date of the notice;

(b) states the reason for the review and requires P to provide such further information as might be specified in the notice; or

(c) states the reason for the review and that the registration officer intends to conduct a hearing of it.

(5) Where—

(a) the registration officer sends to P a notice in the form specified in paragraph (4)(a); and

(b) P does not, within 14 days beginning with the date of that notice, notify the registration officer that P requires the review to be heard,

the registration officer may determine without a hearing that the safety test is no longer satisfied in respect of P.

(6) Where—

(a) the registration officer sends to P a notice in the form specified in paragraph (4)(b); and

(b) P does not respond to the registration officer’s satisfaction, or at all, within 28 days beginning with the date of that notice,

the registration officer may send a further notice to P which states that he is of the opinion that the safety test is no longer satisfied in respect of P, the grounds for his opinion and that P may require a hearing of the review by notifying the registration officer within 14 days beginning with the date of the notice.

(7) Where—

(a) the registration officer sends to P a further notice in pursuance of paragraph (6); and

(b) P does not, within 14 days beginning with the date of that notice, notify the registration officer that P requires the review to be heard,

the registration officer may determine without a hearing that the safety test is no longer satisfied in respect of P.

(8) Where the registration officer determines that a hearing of the review should be conducted, the notice given under paragraph (4)(c) must also state the time and place at which that officer proposes to hear the review.

(9) Paragraphs (2) to (5) of regulation 38 apply to the hearing of a review under this regulation as they apply to the hearing of a review under regulations 36 to 38 (reading references to the “subject of the review” as references to “P”).

(10) The registration officer may determine that the safety test is no longer satisfied in respect of P, despite the failure of P (or any other person entitled to appear and be heard) to attend.

(11) In making a determination under paragraph (5), (7) or (10), the registration officer must take into account any written representations made to that officer by P and may take into account the written representations of any other person who appears to that officer to be interested.”.

11.  In regulation 39 (registration appeals), in paragraph (1), after sub-paragraph (b) insert—

“(c) a determination of the registration officer under section 9B(2) of the 1983 Act made in accordance with regulation 38B; or

(d) a determination of the registration officer under section 9C(1B) of the 1983 Act made in accordance with regulation 38E.”.

12.  After regulation 50 insert—

“Anonymous entries

50A.— (1) An anonymous entry of a person consists of that person’s electoral number together with the letter “N”.

(2) The entry is to be entered in the register—

(a) at the end of the part of the register which relates to the qualifying address of the person entitled to the entry,

(b) under the heading of “Other electors” as mentioned in regulation 50(3)(b), and

(c) following the names grouped together under that heading in pursuance of that regulation.”.

13.  In regulations 51 (marking of names), 67 (marked register for polling stations) and 109(7) (sale of full register etc: restrictions on supply, charges, etc), wherever it occurs, for “name” substitute “entry”.

14.—(1) Regulation 53 (preparation and publication of list of overseas electors) is amended as follows.

(2) After paragraph (1) insert—

“(1A) But in the case of a person who has an anonymous entry, the list of overseas electors must contain only—

(a) the person’s electoral number, and

(b) the date on which the person’s entitlement to remain registered anonymously will terminate under section 9C(1A) of the 1983 Act(28) (in the absence of a further application under section 9B of that Act).”.

(3) In paragraph (2)—

(a) after “each part” insert “who do not have an anonymous entry”; and

(b) after “alphabetical order” insert “, followed by the electoral numbers of persons with an anonymous entry”.

(4) In paragraph (4), after “name” insert “(or, in the case of a person with an anonymous entry, electoral number)”.

15.  After regulation 53, insert—

“Record of anonymous entries

53A.— (1) The registration officer must keep a record of anonymous entries.

(2) The registration officer must enter in the record each person (“P”) who is entered in the register with an anonymous entry.

(3) The entry in the record must contain the following particulars—

(a) P’s full name;

(b) P’s electoral number;

(c) P’s qualifying address;

(d) where P has given in his application for an anonymous entry an address other than his qualifying address to which correspondence should be sent, that address;

(e) the date on which P’s entitlement to remain registered anonymously will terminate under section 9C(1A) of the 1983 Act (in the absence of a further application under section 9B of that Act).

(4) Where P’s application to vote by post or by proxy is granted, the registration officer must also enter in the record the address to which the postal ballot paper is to be sent as given in his application under section 6(6) or 9(12) of the 1985 Act(29), or paragraph 1(6) or 4(11) of Part 1 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985(30), as the case may be.

Duties of registration officer and his staff in relation to record of anonymous entries

53B.— (1) This regulation applies to—

(a) the Chief Electoral Officer for Northern Ireland;

(b) any temporary deputy of that officer(31); and

(c) any person appointed to assist any such officer or who in the course of his employment is assigned to assist any such officer in his duties.

(2) Where the Chief Electoral Officer is also the counting officer at a referendum held by or under an Act of Parliament(32) (and so has access to the record of anonymous entries without being supplied with a copy of it), this regulation also applies to—

(a) the Chief Electoral Officer in that capacity,

(b) any deputy counting officer,

(c) any person appointed to assist any such officer or who in the course of his employment is assigned to assist any such officer in his duties in respect of the referendum in question.

(3) No person to whom this regulation applies may—

(a) supply to any person a copy of the record of anonymous entries,

(b) disclose information contained in it, or

(c) make use of such information,

otherwise than in accordance with an enactment (including these Regulations) or the order of any court or tribunal made at any hearing or during the course of any proceedings.

(4) Nothing in paragraph (3) applies to the supply or disclosure by a person to whom this regulation applies to another such person in connection with his registration duties or for the purposes of an election or referendum.

(5) The persons to whom this regulation applies must take proper precautions for the safe custody of the record of anonymous entries.

(6) In this regulation “enactment” has the same meaning as in section 17(2) of the 2000 Act(33).

Supply of the record of anonymous entries to police forces and other organisations

53C.— (1) The registration officer must supply a copy of the record of anonymous entries, at the request in writing of a senior officer, to—

(a) a police force in England and Wales;

(b) the Police Service of Scotland;

(c) the Police Service of Northern Ireland and the Police Service of Northern Ireland (Reserve);

(d) the National Crime Agency;

(e) the Police Information Technology Organisation; and

(f) any body of constables established under an Act of Parliament.

(2) “Senior officer” means—

(a) in the case of the forces and organisations mentioned in paragraph (1)(a), (b), (c), (e) and (f), an officer of a rank senior to that of superintendent;

(b) in the case of the National Crime Agency, the Director General of that Agency.

(3) No person serving whether as a constable, officer or employee of any of the forces and organisations mentioned in paragraph (1) may—

(a) supply to any person a copy of the record of anonymous entries,

(b) disclose any information contained in it, or

(c) make use of any such information,

otherwise than for the purposes specified in paragraph (4).

(4) The purposes are—

(a) the prevention and detection of crime and the enforcement of the criminal law (whether in Northern Ireland or elsewhere);

(b) the vetting of a relevant person for the purpose of safeguarding national security.

(5) In paragraph (4), “relevant person” means—

(a) a constable or officer or prospective constable or officer of the force or organisation;

(b) an employee of, or applicant for employment by, the force or organisation.

(6) Any person supplied with a copy of the record of anonymous entries under this regulation must take proper precautions for its safe custody.

Certificate of anonymous registration

53D.— (1) Where the registration officer enters a person in the record of anonymous entries, he must issue to that person a certificate of anonymous registration.

(2) A certificate of anonymous registration must be in writing and signed by the registration officer.

(3) A certificate of anonymous registration must state—

(a) that it has been issued by the Chief Electoral Officer for Northern Ireland;

(b) the name, electoral number and qualifying address of the person who has the anonymous entry;

(c) the date on which the anonymous entry took effect; and

(d) the date on which the entitlement to remain registered anonymously will terminate in accordance with section 9C(1A) of the 1983 Act(34), unless a fresh application for an anonymous entry is made.”

16.  In regulation 55 (general requirements for applications for an absent vote), in paragraph (2)—

(a) at the end of sub-paragraph (c) omit “and”; and

(b) at the end of sub-paragraph (d) insert “and” and after that sub-paragraph insert—

“(e) where the applicant has, or has applied for, an anonymous entry, that fact.”.

17.  In regulation 55A (additional requirement for applications for ballot papers to be sent to a different address to that in the register)(35), after paragraph (2) insert—

“(3) This regulation does not apply where an applicant has, or has applied for, an anonymous entry.”.

18.  In regulation 55B (additional requirement for applications for ballot papers to be sent to different address from that shown in the record kept under section 6(3) or section 9(6) of the 1985 Act), the existing text becomes paragraph (1) of the regulation and after paragraph (1) insert—

“(2) This regulation does not apply where the applicant has, or has applied for, an anonymous entry.”.

19.  In regulation 56 (additional requirements for applications for the appointment of a proxy), the existing text becomes paragraph (1) of the regulation and after paragraph (1) insert—

“(2) Where the application mentioned in paragraph (1) is made by an elector with an anonymous entry, the application must be accompanied by an application, by the person to be appointed as proxy, under—

(a) section 9(4) of the 1985 Act (application to vote by post as proxy at parliamentary elections for an indefinite period); or

(b) section 9(7) of the 1985 Act (application to vote by post as proxy at a particular election) in relation to the election.”.

20.  In regulation 60 (additional requirements for applications by proxies to vote by post at a particular election), for “section 9(7)” substitute “section 9(7)(a)”(36).

21.  In regulation 66 (records and lists kept under sections 6, 7 and 9 of the 1985 Act), after paragraph (2) insert—

“(2A) The registration officer must not make available for inspection under paragraph (2) a copy of any record relating to—

(a) a person who has an anonymous entry; or

(b) the proxy of a person who has an anonymous entry.”.

22.  In regulation 72 (persons entitled to be present at proceedings on issue and receipt of postal ballot papers)(37), after paragraph (1) insert—

“(2) Sub-paragraphs (b), (c) and (d) of paragraph (1) do not apply to proceedings on issue or receipt of tendered postal ballot papers under rule 40ZA of the elections rules(38).”.

23.  In regulation 73 (agents of candidates who may attend proceedings on issue or receipt of postal ballot papers), after paragraph (9) insert—

“(10) Nothing in this regulation applies to the issue or receipt of tendered postal ballot papers under rule 40ZA of the elections rules.”.

24.  In regulation 75 (notice of issue of postal ballot papers), after paragraph (2) insert—

“(3) Nothing in this regulation applies to the issue of tendered postal ballot papers under rule 40ZA of the elections rules.”.

25.  In regulation 76 (procedure on issue of postal ballot paper), in paragraph (5)—

(a) in sub-paragraph (a), after “list” insert “(or, where the elector has an anonymous entry, the address that would be so shown but for section 7(4A) of the 1985 Act(39))”; and

(b) in sub-paragraph (b), after “1985 Act” insert “(or, where the proxy has an anonymous entry or is the proxy for a person who has an anonymous entry, the address that would be so shown but for section 9(9A) or (9B) of that Act(40))”.

26.  In regulation 81 (spoilt postal ballot papers), in paragraph (7)—

(a) at the end of sub-paragraph (a), add “(or, in the case of an elector who has an anonymous entry, the elector’s electoral number alone)”; and

(b) at the end of sub-paragraph (c), add “(or, in the case of a proxy who has an anonymous entry or is the proxy for a person with an anonymous entry, the proxy’s electoral number alone or, as the case may be, a statement that the proxy is not registered as an elector)”.

27.  After regulation 81 insert—

“Tendered postal ballot papers

81A.— (1) A tendered postal ballot paper issued to a person (“P”) under rule 40ZA of the elections rules (tendered postal ballot papers: anonymous entries in Northern Ireland) must be accompanied by—

(a) an envelope for the return of the tendered postal ballot paper and the declaration of identity (referred to as a “covering envelope”) which must be marked with the letter “D”;

(b) a smaller envelope which must be marked with—

(i) the letter “C”;

(ii) the words “tendered postal ballot paper envelope”; and

(iii) the number of the tendered postal ballot paper, unless the envelope has a window through which the number on the ballot paper can be displayed; and

(c) a declaration of identity in the form set out in regulation 71 (form of declaration of identity) which is marked with the number of the tendered postal ballot paper.

(2) Where a parliamentary election is combined with another poll under section 15 of the 1985 Act(41)—

(a) the envelope referred to in paragraph (1)(a) must also be marked “Covering envelope for the [insert the colour of the ballot paper] coloured ballot paper”; and

(b) on the envelope referred to in paragraph (1)(b) after the words “tendered postal ballot paper envelope” there must be added “for the [insert colour of the ballot paper] coloured ballot paper”.

(3) Subject to paragraph (5), regulation 80 (delivery of postal ballot papers) applies to the issue of a tendered postal ballot paper.

(4) The tendered postal ballot paper, the declaration of identity and the envelopes must be sent to—

(a) where P is an elector, the address that would be shown in the absent voters list but for section 7(4A) of the 1985 Act;

(b) where P is entitled to vote by post as proxy, the address that would be shown in the special list kept under section 9(9) of the 1985 Act but for section 9(9A) or (9B) of that Act.

(5) Where P applies in person, the Chief Electoral Officer may hand a tendered postal ballot paper to P instead of delivering it in accordance with regulation 80.

(6) The Chief Electoral Officer must enter in a list kept for the purpose (“the list of tendered postal ballot papers”)—

(a) the entry in the register of the elector in question;

(b) the number of the tendered postal ballot paper issued under this regulation; and

(c) where P is entitled to vote by post as proxy, the proxy’s electoral number or, as the case may be, a statement that the proxy is not registered as an elector.

(7) On receipt of a covering envelope of a tendered postal ballot paper before the close of the poll, the Chief Electoral Officer must—

(a) separate it from the covering envelopes of the other postal ballot papers; and

(b) place it in a separate ballot box for the reception of tendered postal ballot papers.

(8) As soon as practicable after the close of the poll, the Chief Electoral Officer must count and record the number of covering envelopes of tendered postal ballot papers and open each covering envelope separately.

(9) Before proceeding under rule 40ZA(9) of the elections rules, the Chief Electoral Officer must satisfy himself that each tendered postal ballot paper—

(a) is not void under rule 40ZA(7); and

(b) is accompanied by a valid declaration of identity which is marked with the same number as the tendered postal ballot paper.

(10) Where the Chief Electoral Officer is not so satisfied, that officer must—

(a) mark the tendered postal ballot paper as “rejected”; and

(b) place the tendered postal ballot paper, attached to the declaration of identity (if any), in a receptacle for rejected tendered postal votes.

(11) The Chief Electoral Officer must seal the contents of the receptacle for rejected tendered postal votes in a separate packet.”.

28.  In regulation 84 (receipt of covering envelope), the existing text becomes paragraph (1) of the regulation and after paragraph (1) insert—

“(2) This regulation does not apply to the receipt of a covering envelope for a tendered postal ballot paper.”.

29.  In regulation 91 (forwarding of documents), in paragraph (1)—

(a) in sub-paragraph (a), after “81(5)” insert “, 81A(11)”;

(b) at the end of sub-paragraph (a) omit “and”; and

(c) after sub-paragraph (a) insert—

“(aa) the list of spoilt ballot papers and the list of tendered postal ballot papers; and”.

30.  In regulation 93 (edited version of register), after paragraph (2) insert—

“(2A) The edited register shall omit all anonymous entries in the register, and any information relating to them.”.

31.—(1) Regulation 114 (offences in respect of contravention of Part 6)(42) is amended as follows.

(2) In the heading, before “Part 6” insert “Part 3 or”.

(3) In paragraph (2), after “regulations” insert “53B(3), 53C(3),”.

Amendment of Schedule 3 to the Representation of the People (Northern Ireland) Regulations 2008

32.—(1) Schedule 3 (forms) is amended as follows.

(2) In the Arrangement of Forms—

(a) after the entry for Form A insert—

“Form A1: Elector’s Official Postal Poll Card”; and

(b) after the entry for Form B insert—

“Form B1: Proxy’s Official Postal Poll Card”.

(3) After Form A (elector’s official poll card), insert Form A1 in Schedule 2.

(4) After Form B (proxy’s official poll card), insert Form B1 in Schedule 2.

(5) In Form E (proxy paper), in the section headed “Your Right to Vote as Proxy”, after paragraph 4 insert—

“5.   If you have been appointed as a proxy on behalf of an elector who has an anonymous entry in the register, you can only vote by post. If you have not already been granted a postal vote, you should contact the electoral registration officer.”.

(6) In Form L (declaration of identity)—

(a) before “Name of witness” insert “*”;

(b) before “Address of witness” insert “*”, and after that paragraph insert—

“*(Returning officer to omit where ballot papers sent to an anonymous elector.)”; and

(c) in the section entitled “Instructions to the voter”, at the end of paragraph 1 insert “If you are an elector with an anonymous entry in the register, or you are the proxy for such a person, the name and address of the witness should not be included. However, you do need to sign this declaration in the presence of a witness and the witness must sign the form.”.

(7) In Form M (declaration of identity (combined polls))—

(a) before “Name of witness” insert “*”;

(b) before “Address of witness” insert “*”, and after that paragraph insert—

“*(Returning officer to omit where ballot papers sent to an anonymous elector.)”; and

(c) In the section entitled “Instructions to the voter”, at the end of paragraph 1 insert “If you have an anonymous entry in the register, or you are the proxy for such a person, the witness must not add his or her name and address.”.

(8) In Form N (statement as to postal ballot papers)—

(a) after paragraph 10 insert—

“10A.   Number of tendered postal ballot papers issued

10B.   Number of covering envelopes for tendered postal ballot papers received”; and

(b) after paragraph 13 insert—

“14.   Number of tendered postal ballot papers marked rejected”.

Andrew Robathan

Minister of State

Northern Ireland Office

9th July 2014