UK Offence Report

The Representation of the People (Postal Vote Handling etc.) (Northern Ireland) (Amendment) Regulations 2024

UK Statutory Instrument 2024 No. 319 — creates 6 criminal offences.

6offences created
0recorded in force
0revoked
Made
5 March 2024
In force from
Not determined
Extent
Not stated
Subject
Elections and representation of the people
Made under
Northern Ireland Act 1998, Political Parties, Elections and Referendums Act 2000, Representation of the People Act 1983, Representation of the People Act 1985, Schedule 2 to, the Representation of the People Act 1983, Schedule 8 to the Elections Act 2022

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations amend subordinate legislation in consequence of provisions contained in the Elections Act 2022 (c. 37) (“the Act”). The amendments made by these Regulations principally concern the handing in of postal voting documents for Parliamentary and Assembly elections (see section 5 of the Act). Similar provision for local elections is made in the Local Elections (Northern Ireland) (Amendment) Order 2024 (S.I. 2024/XXX). The Regulations also make amendments and transitional provisions relating to the voting and candidacy right of EU citizens (see section 15 of, and Schedule 8 to, the Act). These latter provisions are supplementary to the amendments made in the Representation of the People (Franchise Amendment and Eligibility Review) (Northern Ireland) Regulations 2023 (S.I. 2023/1176). Part 2 of these Regulations amends the Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741) to set out new procedures which will apply to the handing in of postal voting documents to the returning officer for UK Parliamentary elections. The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225) makes similar amendments in respect of parliamentary elections in Great Britain. Under the amendments being made, persons seeking to hand in postal voting documents to the returning officer will be required to complete a return of postal voting documents form, and their postal voting documents must or may be rejected by the returning officer if certain criteria are met. The effect of rejection is that such documents are not duly returned for the purposes of rule 45(2) of Schedule 1 to the Representation of the People Act 1983 (c. 2). Part 2 also makes provision for postal voting documents which are brought into the offices of the returning officer but are left behind without being handed in. Additionally, Part 2 of these Regulations updates prescribed forms for use at Parliamentary elections as a consequence of these new procedures (regulation 10 and Schedules 1 to 5). Part 3 of these Regulations amends the Northern Ireland Assembly (Elections) Order 2001 (“the 2001 Order”) (S.I. 2001/2599) so that the same procedures will apply to Assembly elections in Northern Ireland. Regulation 12 amends Schedule 1 to the 2001 Order, which lists the provisions of the Representation of the People Act 1983 to be applied with modifications by virtue of article 3(1) of the 2001 Order. Regulation 13 amends Schedule 2 to the 2001 Order, which lists the provisions of the Representation of the People (Northern Ireland) Regulations 2008 to be applied with modifications by virtue of article 3(1) of the 2001 Order. Part 3 also updates the declaration of identity forms for use at Assembly elections (regulation 13(6) and Schedule 6). Part 4 of these Regulations makes provision related to the changes to the voting and candidacy rights of EU citizens set out in Schedule 8 to the Act. Regulation 14 makes a minor consequential amendment to the Representation of the People (Northern Ireland) Regulations 2008. Regulation 15 amends the Representations of the People (Franchise Amendment and Eligibility Review) (Northern Ireland) Regulations 2023 to prevent the duplication of notices to relevant persons following the outcome of the review of registration entitlement provided for in Chapter 2 of Part 2 of those Regulations. Regulation 16 makes transitional provision so that a person who was entitled to stand as a candidate in a local election or Assembly election prior to 7th May 2024 remains qualified to stand as a candidate in such an election where that election is re-run on or after 7th May 2024, despite the changes made by Part 3 of Schedule 8 to the Elections Act 2022. Regulation 17 makes transitional provision to the effect that a person who is elected following a re-run Assembly election remains qualified to hold that office until the end of the term of office following that election. Equivalent provision is not required for local elections. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Offences created by this instrument

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

How Parliament handled it

Parliament's Statutory Instruments service has no record of this instrument, although it covers the period. Nothing is inferred from that.

Check the source