Northern Ireland (Miscellaneous Provisions) Bill (HC Bill 9)

(a) in subsection (4) (as substituted by paragraph 9(5) of Schedule 4 to the
Electoral Registration and Administration Act 2013), for “be a form
prescribed for those purposes” substitute “comply with such
requirements as to its form or content as shall be prescribed by the
5Secretary of State after having consulted the Electoral Commission”;

(b) in subsection (4A), for “prescribe a form” substitute “prescribe
requirements”;

(c) after subsection (4B), insert—

“(4BA) If requested to do so by the Secretary State for the purposes of
10making regulations under subsection (4), the Electoral
Commission must design a form for the purposes of a canvass
under this section.”

(2) In section 201 of RPA 1983 (regulations), in subsections (2) and (2A), before
“110(7)” insert “10(4) or”.

(3) 15If sub-paragraph (5) of paragraph 9 of Schedule 4 to the Electoral Registration
and Administration Act 2013 has not come into force on or before the day on
which this section comes into force, then until that sub-paragraph comes into
force—

(a) the amendment made by subsection (1)(a) of this section is of no effect;

(b) 20section 10(4) of RPA 1983 has effect as if, for “a form prescribed for
those purposes shall be used”, there were substituted “that does not
apply and the form to be used for the purposes of the canvass must
comply with such requirements as to its form or content as shall be
prescribed by the Secretary of State after having consulted the Electoral
25Commission”;

(c) the following provisions of RPA 1983 have effect as if the references in
them to regulations under section 10(4) of that Act were references to
such regulations in respect of a canvass in Northern Ireland only—

(i) section 10(4BA) (as inserted by subsection (1)(c));

(ii) 30section 201(2) and (2A) (as amended by subsection (2)).

14 Registration as an elector: abolition of 3 month residence requirement

(1) The following provisions (which impose or relate to the requirement that
persons registering as electors in Northern Ireland must have been resident
there for three months) are repealed or revoked—

(a) 35in the Representation of the People Act 1983—

(i) section 4(2);

(ii) section 7B(5);

(iii) section 7C(1)(b) (and the “and” before it);

(iv) section 10(4A)(c)(ii) (but not the “and” after it);

(v) 40section 10A(1A)(c)(ii) (but not the “and” after it);

(vi) section 13A(2A)(c)(ii) (but not the “and” after it);

(vii) section 14(2);

(viii) section 17(1)(b) (but not the “and” after it);

(b) in the European Parliamentary Elections (Franchise of Relevant
45Citizens of the Union) Regulations 2001 (S.I. 2001/1184S.I. 2001/1184)—

(i) regulation 4(2);

(ii) regulation 6(1)(c);

(c) in the Representation of the People (Northern Ireland) Regulations
2008 (S.I. 2008/1741S.I. 2008/1741), regulation 25(6).

(2) In consequence of the amendments made by subsection (1)—

(a) in the Elected Authorities (Northern Ireland) Act 1989, in Schedule 1—

(i) 5in Part 1, for “Section 4(2)” substitute “Section 4(3)”;

(ii) in Part 2, omit paragraph 7(1);

(b) in the Representation of the People Act 2000, omit paragraph 7 of
Schedule 1.

15 Registration as an overseas elector: declaration of nationality

(1) 10In the Representation of the People Act 1985, in section 2 (registration of British
citizens overseas)—

(a) after subsection (3) insert—

“(3A) An overseas elector’s declaration that specifies an address in
Northern Ireland under subsection (4) may, instead of or in
15addition to including a statement under subsection (3)(b), state
that the declarant is an eligible Irish citizen.”;

(b) after subsection (8) insert—

“(9) In this section “eligible Irish citizen” means an Irish citizen
who—

(a) 20was born in Northern Ireland, and

(b) qualifies as a British citizen (whether or not he identifies
himself as such).

(10) A person found abandoned in Northern Ireland as a new-born
infant is, unless the contrary is shown, deemed for the purposes
25of subsection (9) to have been born in Northern Ireland.”

(2) In the Representation of the People (Northern Ireland) Regulations 2008 (S.I.
2008/1741), in regulation 20 (contents of overseas elector’s declaration)—

(a) in paragraph (1)—

(i) after “required” insert “or permitted”;

(ii) 30after “2(3)(a) to (d)” insert “, (3A)”;

(iii) for “(7)” substitute “(6B)”;

(b) after paragraph (5) insert—

“(5A) Where the conditions in paragraph (4)(a) and (b) are not met in
relation to a declarant, his overseas elector’s declaration shall
35comply with paragraphs (6) to (6B).”;

(c) in paragraph (6), for the words before sub-paragraph (a) substitute “If
the declaration includes a statement under section 2(3)(b) of the 1985
Act (statement that declarant is a British citizen), the declaration shall
state—”;

(d) 40after that paragraph insert—

“(6A) If the declaration includes a statement under section 2(3A) of
the 1985 Act (statement that declarant is an eligible Irish
citizen), the declaration shall state—

(a) in the case of a declarant who is the bearer of an Irish
45passport, the number of that passport together with its
date and place of issue, or

(b) otherwise, when and how the declarant acquired the
status of Irish citizen, together with the date, place and
country of the declarant’s birth.

(6B) Where, apart from this paragraph, a declaration would be
5required to include both a statement under paragraph (6) and a
statement under paragraph (6A), the declaration need include
only one of those statements.”;

(e) omit paragraph (7).

(3) In regulation 22 of those regulations (attestation of certain overseas electors’
10declarations)—

(a) in paragraph (3) for “the bearer of a British passport which describes his
national status as a “British citizen”” substitute “a person”;

(b) after paragraph (3)(c) insert “; and

(d) is—

(i) 15the bearer of a British passport which describes
his national status as a “British citizen”, or

(ii) an eligible Irish citizen who is the bearer of an
Irish passport.”;

(c) in paragraph (4), after “British citizen” insert “, or an eligible Irish
20citizen,”;

(d) for paragraph (5)(b) substitute—

“(b) any of the following—

(i) that he is the bearer of a British passport which
describes his national status as a “British
25citizen”, together with the number of that
passport and its date and place of issue;

(ii) that he is an eligible Irish citizen who is the
bearer of an Irish passport, together with the
number of that passport and its date and place of
30issue;

(iii) that he is the bearer of a British passport which
describes his national status as a “British citizen”
and is an eligible Irish citizen who is the bearer
of an Irish passport, together with the number of
35either of those passports and its date and place of
issue;”;

(e) in paragraph (5)(f), after “British citizen” insert “, or an eligible Irish
citizen,”;

(f) after paragraph (5) insert—

“(6) 40In this regulation “eligible Irish citizen” has the meaning given
by section 2(9) and (10) of the 1985 Act.”

16 Absent voting

(1) In section 13BA of the Representation of the People Act 1983 (alteration of
registers in Northern Ireland: pending elections), omit subsection (4) (which
45prevents late registration as an absent voter).

(2) In consequence of the amendment made by subsection (1)—

(a) in Part 2 of Schedule 1 to the Elected Authorities (Northern Ireland) Act
1989, omit paragraph 8A;

(b) in Schedule 4 to the Northern Ireland (Miscellaneous Provisions) Act
2006, omit paragraph 7(4).

17 Electoral identity cards

After section 13C of the Representation of the People Act 1983 (electoral
5identity card: Northern Ireland) insert—

“13CZA Provision of false information: application for electoral identity
card

(1) A person who provides false information in connection with an
application for an electoral identity card is guilty of an offence.

(2) 10In relation to a signature, “false information” for the purposes of
subsection (1) means a signature which—

(a) is not the usual signature of, or

(b) was written by a person other than,

the person whose signature it purports to be.

(3) 15A person does not commit an offence under subsection (1) if the person
did not know, and had no reason to suspect, that the information was
false.

(4) Where sufficient evidence is adduced to raise an issue with respect to
the defence under subsection (3), the court must assume that the
20defence is satisfied unless the prosecution proves beyond reasonable
doubt that it is not.

(5) A person guilty of an offence under this section is liable on summary
conviction to—

(a) imprisonment for a term not exceeding six months, or

(b) 25a fine not exceeding level 5 on the standard scale,

or to both.”

18 Chief Electoral Officer: duty to take necessary steps

(1) In the Representation of the People Act 1983 (“RPA 1983”)—

(a) section 9A (duty of registration officers to take necessary steps) extends
30to Northern Ireland (as well as Great Britain), and

(b) in section 9 (registers of electors), omit subsection (6) (duty of
registration officers in Northern Ireland to take reasonable steps).

(2) In consequence of subsection (1)(a), in section 78(2)(a) of the Electoral
Administration Act 2006 (which confined the extent of section 9A of RPA 1983
35to Great Britain), for “9” substitute “9(2)”.

(3) Section 9A of RPA 1983 is amended as follows—

(a) in subsection (1), for the words from “for the purpose of securing” to
the end substitute “—

(a) in the case of a registration officer in Great Britain, for
40the purpose of securing that, so far as is reasonably
practicable, persons who are entitled to be registered in
a register (and no others) are registered in it, and

(b) in the case of the Chief Electoral Officer for Northern
Ireland, for the purpose of meeting the relevant
registration objectives.”;

(b) in subsection (2)(a), after “section 9D” insert “or 10”;

(c) 5in subsection (2)(b), for “subsection (5) of that section” substitute
“section 9D(5) or 10(5)”.

(4) In Schedule 1 to the Elected Authorities (Northern Ireland) Act 1989
(application, with modifications, of provisions of RPA 1983 to local elections),
in Part 1 (provisions applied), after “Sections 9,” insert “9A,”.

19 10Chief Electoral Officer: performance standards etc

(1) The Secretary of State may by order made by statutory instrument make
provision about objectives or standards of performance to be met by the Chief
Electoral Officer for Northern Ireland, including in particular provision
about—

(a) 15setting such objectives or standards;

(b) assessing or reporting the extent to which such objectives or standards
have been met.

(2) An order under this section may confer a function on, or modify or remove a
function of, the Chief Electoral Officer for Northern Ireland, the Electoral
20Commission or the Secretary of State.

(3) References in subsection (2) to a function include a discretionary function.

(4) An order under this section may—

(a) amend, repeal, revoke or otherwise modify any enactment (whenever
passed or made);

(b) 25include consequential, supplementary, incidental, transitional,
transitory or saving provision.

(5) In this section “enactment” includes—

(a) a provision of an Act, including a provision of or inserted by this Act;

(b) a provision of, or of an instrument made under, Northern Ireland
30legislation;

(c) a provision of subordinate legislation (within the meaning of the
Interpretation Act 1978).

(6) An order under this section may not be made unless a draft of the statutory
instrument containing it has been laid before, and approved by a resolution of,
35each House of Parliament.

20 Data sharing

(1) In the Representation of the People Act 1983 (“RPA 1983”), in section 53(8)
(power to make regulations as to registration etc), omit “in Great Britain”.

(2) In Schedule 2 to RPA 1983 (provisions which may be contained in regulations
40as to registration etc)—

(a) in paragraph 1—

(i) omit sub-paragraphs (4A) and (4B);

(ii) in sub-paragraph (5) omit “or (4A)”;

(iii) omit sub-paragraphs (6) to (8);

(b) in paragraph 1A(1), omit “in Great Britain”;

(c) in paragraph 8C—

(i) in sub-paragraph (1)(a), for “or 10ZD” substitute “, 10ZD or
10A”;

(ii) 5in sub-paragraph (1)(b) omit “in Great Britain”;

(d) in paragraph 11A, omit sub-paragraph (1A);

(e) in paragraph 13, omit sub-paragraph (1ZA).

(3) In Schedule 1 to the Elected Authorities (Northern Ireland) Act 1989
(application, with modifications, of provisions of RPA 1983 to local elections),
10in Part 1 (provisions applied), after “Section 53 and, in Schedule 2, paragraphs
1(2) to (5),” insert “1A,”.

(4) In the Representation of the People (Northern Ireland) Regulations 2008 (S.I.
2008/1741) (“the 2008 regulations”)—

(a) in regulation 41(1) (requests for information), for “the purposes
15mentioned in paragraph 1(4B)” substitute “any of the purposes
mentioned in paragraph 1A(1)”;

(b) in regulation 43(1)(a) (disclosure of information), for “the purpose
mentioned in paragraph 1(4B)” substitute “any of the purposes
mentioned in paragraph 1A(1)”.

(5) 20Regulation 41 (as amended by subsection (4)(a)) and regulation 42 of the 2008
regulations are treated for the purposes of paragraph 1A of Schedule 2 to RPA
1983 as having been made under that paragraph.

(6) Regulation 43 (as amended by subsection (4)(b)) of the 2008 regulations is
treated for the purposes of paragraphs 1A and 13(1ZB) of Schedule 2 to RPA
251983 as having been made under those paragraphs.

(7) In consequence of the amendments made by subsection (2)(a), (d) and (e)—

(a) omit section 6 of the Electoral Fraud (Northern Ireland) Act 2002;

(b) omit section 7 of the Northern Ireland (Miscellaneous Provisions) Act
2006.

30Miscellaneous

21 Rules of court

The Schedule to this Act makes provision about rules of court.

22 Equality duties

(1) In section 75 of the Northern Ireland Act 1998 (statutory duty on public
35authorities), after subsection (3) insert—

“(3A) An order under subsection (3)(a) or (d) may provide that the
designated department, corporation, body or other person—

(a) is not subject to, or is only subject to, specified obligations under
subsection (1) or (2), or

(b) 40is not subject to, or is only subject to, specified obligations under
subsection (1) or (2)—

(i) when exercising a specified function, or

(ii) when exercising a specified function in specified
circumstances or for specified purposes.

(3B) In subsection (3A) “specified” means specified in the order.”

(2) In Schedule 9 to that Act (equality: enforcement of duties), in paragraph 4, after
5sub-paragraph (4) insert—

“(5) But where the public authority is designated by order under section
75(3)(a) or (d)—

• “equality of opportunity” does not include equality of opportunity
  in relation to which (by virtue of the order) the public authority
  10has no obligations under section 75(1);

• “the relevant functions” does not include functions of the public
  authority so far as the obligations imposed by section 75 do not
  (by virtue of the order) apply to their exercise.”

23 Extension of powers to make secondary legislation about elections etc

(1) 15In section 34 of the Northern Ireland Act 1998 (elections and franchise for the
Assembly), after subsection (6) insert—

“(7) An order under subsection (4) may make different provision for
different areas about the conduct of elections, including different
provision about the registration of persons entitled to vote at an
20election.”

(2) In section 84 of that Act (provision with respect to certain matters), after
subsection (1A) insert—

“(1B) An Order in Council under subsection (1) may make different
provision for different areas about the conduct of elections, including
25different provision about the registration of persons entitled to vote at
an election.”

24 Regulation of biometric data

In Schedule 1 to the Protection of Freedoms Act 2012 (amendments of regimes
other than PACE), in Part 7 (corresponding Northern Ireland provision for
30excepted or reserved matters etc), in paragraph 8(1) for “2011 or 2012 (whether
before or after the passing of this Act)” substitute “2013 or 2014”.

25 Amendment of Northern Ireland Assembly Disqualification Act 1975

In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act
1975 (other disqualifying offices), at the appropriate place, insert “Civil Service
35Commissioner for Northern Ireland.”

Final provisions

26 Amendments that could have been made under existing powers

(1) The amendments made by section 2(1) and (2) are treated, for the purposes of
section 63 of the Electoral Administration Act 2006, as made under that section.

(2) 40Where—

(a) any other provision of this Act amends or revokes subordinate
legislation (within the meaning of the Interpretation Act 1978), and

(b) the amendment or revocation could have been made under a power
conferred by an enactment,

5the amendment or revocation is treated, for the purposes of that enactment, as
having been made under it.

27 Extent

(1) The amendment made by section 17 extends to Northern Ireland only.

(2) Any other amendment, repeal, revocation or other modification of an
10enactment made by this Act has the same extent as the enactment, or relevant
part of the enactment, to which it relates.

(3) Subject to subsections (1) and (2), this Act extends to the whole of the United
Kingdom.

28 Commencement

(1) 15The following provisions come into force on the day on which this Act is
passed—

(a) in section 1 (donations for political purposes)—

(i) subsections (1) and (2), and

(ii) subsection (3) for the purpose of prescribing requirements;

(b) 20in section 2 (loans etc for political purposes)—

(i) subsection (1),

(ii) subsection (2) for the purpose of prescribing requirements, and

(iii) subsection (3);

(c) section 7 (extension of term of Assembly);

(d) 25section 19 (Chief Electoral Officer: performance standards etc);

(e) section 20 (data sharing) (but see subsection (2) below);

(f) section 22 (equality duties);

(g) section 23 (extension of powers to make secondary legislation about
elections etc);

(h) 30section 24 (regulation of biometric data);

(i) sections 26 to 29 (final provisions).

(2) If paragraph 10 of Schedule 4 to the Electoral Registration and Administration
Act 2013 (which restricts to Northern Ireland the application of section 10A of
the Representation of the People Act 1983) comes into force on a day after that
35on which this Act is passed, subsection (2)(c)(i) of section 20 comes into force
immediately after that paragraph comes into force.

(3) The following provisions come into force at the end of the period of two
months beginning with the day on which this Act is passed—

• section 6 (reduction in size of the Assembly to be reserved matter);

• 40section 10 (Civil Service Commissioners for Northern Ireland);

• section 11 (Northern Ireland Human Rights Commission);

• section 12 (district electoral areas for council elections);

• section 13 (removal of requirement that canvass form must be prescribed
  form);

Northern Ireland (Miscellaneous Provisions) BillPage 18

• section 14 (abolition of 3 month residence requirement);

• section 15 (declaration of nationality);

• section 16 (absent voting);

• section 17 (electoral identity cards);

• 5section 18 (Chief Electoral Officer: duty to take necessary steps) (but see
  subsection (4) below);

• section 21 and the Schedule (rules of court);

• section 25 (amendment of Northern Ireland Assembly Disqualification
  Act 1975).

(4) 10If paragraph 6 of Schedule 4 to the Electoral Registration and Administration
Act 2013 (which amends section 9A of the Representation of the People Act
1983) comes into force on a day after the end of the period mentioned in
subsection (3), section 18(3) comes into force immediately after that paragraph
comes into force.

(5) 15The following provisions come into force on the first day after this Act is
passed on which the Northern Ireland Assembly is dissolved—

• section 3 (MPs to be disqualified for membership of Assembly);

• section 4 (members of the Dáil Éireann to be disqualified for membership
  of the Assembly);

• 20section 5 (statements by prospective members of Assembly).

(6) Subject to the preceding subsections of this section, this Act comes into force on
such day as the Secretary of State may appoint by order made by statutory
instrument.

(7) An order under subsection (6)—

(a) 25may appoint different days for different purposes, and

(b) may make transitional, transitory or saving provision.

29 Short title

This Act may be cited as the Northern Ireland (Miscellaneous Provisions) Act
2013.

Section 21

Schedule Rules of court

High Court and Court of Appeal

1 In section 56 of the Judicature (Northern Ireland) Act 1978 (control and
5publication of rules), for subsection (1) substitute—

“(1) Rules made by the Rules Committee—

(a) in the case of rules that are required under section 55A to be
submitted to the Lord Chancellor, are subject to annulment in
pursuance of a resolution of either House of Parliament in the
10same manner as a statutory instrument and section 5 of the
Statutory Instruments Act 1946 applies accordingly; and

(b) in the case of rules that are required under section 55A to be
submitted to the Department of Justice, are subject to
negative resolution within the meaning of section 41(6) of the
15Interpretation Act (Northern Ireland) 1954.”

Crown Court

2 In section 53 of the Judicature (Northern Ireland) Act 1978 (Crown Court
Rules Committee), after subsection (3) insert—

“(4) In the application of section 56(1) by virtue of subsection (3),
20references to section 55A include references to section 53A.”

County courts

3 In the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)S.I. 1980/397 (N.I. 3)),
after Article 47 (making of county court rules) insert—

“Control of county court rules

47A (1) 25County court rules that are required under Article 47 to be
submitted to the Lord Chancellor are subject to annulment in
pursuance of a resolution of either House of Parliament in the
same manner as a statutory instrument and section 5 of the
Statutory Instruments Act 1946 applies accordingly.

(2) 30County court rules that are required under Article 47 to be
submitted to the Department of Justice are subject to negative
resolution.”

Magistrates’ courts

4 (1) In Article 13 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I.
351981/1675 (N.I. 26)) (magistrates’ court rules), for paragraph (3A)