Electoral Registration (Northern Ireland) Bill [HL]

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Electoral Registration (Northern Ireland) Bill [HL]

Electoral Registration (Northern Ireland) Bill [HL]
1

A
Bill
To
Make provision about the registration of electors in Northern Ireland in cases
where required information is not provided.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
1
Restoration to electoral register of names previously removed
(1)
Where—
(a)
on 15th October 2004 a person (“the former elector”) was for the time
being registered in the register in respect of any address in Northern
Ireland,
5
(b)
on the conclusion of the canvass conducted in Northern Ireland under
section 10 of the 1983 Act (maintenance of registers: annual canvass) by
reference to residence on that day, the name of the former elector was
removed from the register in respect of that address—
(i)
by virtue of section 10A(5)(a) of that Act, merely because the
10
form mentioned in section 10(4) of that Act was not returned in
respect of that address, or
(ii)
by virtue of section 10A(5A) of that Act, and
(c)
the Chief Electoral Officer has no information which suggests that the
former elector has ceased to be resident at that address or has otherwise
15
ceased to satisfy the conditions for registration set out in section 4 of the
1983 Act,

the Chief Electoral Officer may enter the name of the former elector in the
register in respect of that address.
(2)
The power conferred by subsection (1) may only be exercised—
20
(a)
before 1st April 2005, or
(b)
by including the appropriate alteration in any revised version of the
register published under section 13(3) of the 1983 Act on that day;

and (in either case) the appropriate alteration shall have effect as from the
beginning of that day.
25

Bill 64 53/4

Electoral Registration (Northern Ireland) Bill [HL]
2

(3)
Nothing in section 13A of the 1983 Act (alteration of registers) applies in
relation to an alteration taking effect under this section.
(4)
Where by virtue of subsection (1) the Chief Electoral Officer enters the name of
a person in the register in respect of any address—
(a)
the information supplied by that person pursuant to section 10(4A),
5
10A(1A) or 13A(2A) of the 1983 Act in connection with his previous
registration is to be taken also to have been supplied by him in
connection with his registration by virtue of this section, and
(b)
any request duly made by that person in connection with his previous
registration to be excluded from the version of the register published
10
under regulation 88 of the Representation of the People (Northern
Ireland) Regulations 2001 (S.I. 2001/400) (edited version of register) is
to be taken also to have been made by him in connection with his
registration by virtue of this section.
(5)
In this section—
15
“the Chief Electoral Officer” means the Chief Electoral Officer for
Northern Ireland;
“the register” means—
(a)
the register of parliamentary electors maintained by the Chief
Electoral Officer under section 9 of the 1983 Act, or
20
(b)
the register of local electors maintained by him under that
section as applied by Schedule 1 to the Elected Authorities
(Northern Ireland) Act 1989 (c. 3).
2
Temporary modifications of s. 10A of Representation of the People Act 1983
(1)
So long as this section remains in force, section 10A of the 1983 Act
25
(maintenance of the registers: register of electors) is modified as follows.
(2)
At the beginning of subsection (5A) insert “Subject to subsection (7B),”.
(3)
For subsection (7) substitute—
“(7)
Subsection (6) has effect subject to subsection (7B), and does not apply
if, or to the extent that, regulations so provide in relation to any
30
prescribed circumstances.”
(4)
After subsection (7) insert—
“(7A)
Subsection (7B) applies in the case of a person who is registered in the
register in respect of any address, other than a person who is registered
by virtue of section 1 of the Electoral Registration (Northern Ireland)
35
Act 2005 or a person whose entry is retained in the register by virtue of
the previous application of subsection (7B), where on conclusion of a
canvass under section 10—
(a)
the Chief Electoral Officer for Northern Ireland is unable to
satisfy himself that the person was, on the 15th October in
40
question, resident at that address because—
(i)
the form mentioned in section 10(4) was not returned in
respect of that address, or
(ii)
for any other reason, insufficient information was
obtained as to whether that person was resident at that
45
address on that date, or

Electoral Registration (Northern Ireland) Bill [HL]
3

(b)
the circumstances fall within paragraph (a) or (b) of subsection
(5A).
(7B)
If the Chief Electoral Officer for Northern Ireland has no information
which suggests that the person concerned is no longer resident at the
address on the 15th October in question, subsections (5)(a) and (5A) do
5
not prevent the Chief Electoral Officer from retaining the entry of that
person in the register until the publication of a revised version of the
register under section 13(1) in the year next following that in which the
canvass referred to in subsection (7A) was conducted.”
(5)
In subsection (8), for “subsection (5), (5A) or (6)” substitute “subsections (5) to
10
(7B)”.
3
Duration of Act
(1)
Subject to subsection (2), this Act shall cease to be in force at the end of the
period of 12 months beginning with the day on which it is passed.
(2)
The Secretary of State may, on one occasion only, by order made by statutory
15
instrument provide for the provisions of this Act, apart from section 1, to
continue in force for a period ending not more than 12 months after the end of
the period specified in subsection (1).
(3)
No order under subsection (2) may be made unless a draft of the statutory
instrument containing the order has been laid before and approved by a
20
resolution of each House of Parliament.
4
Interpretation, short title and extent
(1)
In this Act “the 1983 Act” means the Representation of the People Act 1983
(c. 2).
(2)
This Act may be cited as the Electoral Registration (Northern Ireland) Act 2005.
25
(3)
This Act extends to Northern Ireland only.

4
Electoral Registration (Northern Ireland) Bill [HL]