Amendment of the Representation of the People (Northern Ireland) Regulations 200810
After regulation 38 insert—
Anonymous registration: applications and declarations38A
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).
Anonymous registration: determination of applications by the registration officer38B
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)10 (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)11.
Anonymous registration: evidence consisting of relevant court orders or injunctions38C
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 199712;
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 199513;
g
a non-molestation order made under section 42(2) of the Family Law Act 199614;
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 199715;
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 199816.
l
a matrimonial interdict within the meaning of section 14 of the Matrimonial Homes (Family Protection) (Scotland) Act 198117;
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 200418;
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 201119;
p
any interdict with an attached power of arrest made under section 1 of the Protection from Abuse (Scotland) Act 200120; 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 199621;
ii
section 2 of, and paragraph 1 of Schedule 1 to, the Forced Marriage (Civil Protection) Act 200722;
iii
section 1 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 201123;
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 attestation38D
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 197024;
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 200425;
i
any chief social work officer in Scotland within the meaning of section 3 of the Social Work (Scotland) Act 196826;
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) 200927;
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 199128.
Anonymous registration: review of entitlement to an anonymous entry38E
1
The registration officer must discharge the function under section 9C(1B)(b) of the 1983 Act29 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.