Citation, commencement, extent and interpretation

1. —(1) These Regulations may be cited as the Representation of the People (Northern Ireland)(Amendment) Regulations 2007 and shall come into force on the expiry of fourteen days beginning with the day on which the Regulations are made.

(2) In these Regulations—

“the 2001 Regulations” means the Representation of the People (Northern Ireland) Regulations 2001( 4 ); and

“the 1983 Act” means the Representation of the People Act 1983.

(3) These Regulations extend to Northern Ireland only.

(4) Nothing in these Regulations shall be taken to require a specified authority or person mentioned in regulation 35(1) of the 2001 Regulations, as substituted by regulation 3 of these Regulations, to disclose information which came into their control before these Regulations came into force.

Amendment of the interpretation provisions

2. In regulation 3(1)(interpretation) of the 2001 Regulations insert the following at the appropriate places—

“ “specified authorities” means the authorities set out in regulation 35A(2); and

“specified information” means the information set out in regulation 35A(3) to (6). ”

Provision of data to the registration officer

3. For regulations 35 (registration officer’s right to inspect certain records) and 35A (disclosures relating to national insurance numbers)( 5 ) of the 2001 Regulations substitute—

“ Requests for information

35. —(1) The registration officer may, from time to time, request such specified information as he may require for the purposes mentioned in paragraph 1(4B) of Schedule 2 to the 1983 Act from—

(a) any specified authority; or

(b) any person providing services to, or authorised to exercise any function of, any such authority.

(2) A request for information shall—

(a) be in writing;

(b) specify the format in which the information shall be provided; and

(c) specify the date by which information shall be provided.

(3) A request for information may—

(a) request the regular disclosure of specified information at intervals not more frequent than monthly; and

(b) relate to a specified individual or a class of individuals of a particular description.

(4) A recipient of a request for information shall—

(a) provide the information requested by the specified date; or

(b) inform the registration officer that the information requested is not held by that authority or person; or

(c) request further time for the location of that information.

(5) Nothing in these Regulations requires the disclosure of information which came into the possession of an authority or person before any previous disclosure made in response to a request made in accordance with this regulation.

(6) Where a request for information is not made in accordance with paragraph (5), the recipient of the request may provide the information requested if, in his opinion, the information is reasonably required by the registration officer to replace any information previously disclosed which has been lost, destroyed or impaired during processing by the registration officer.

Provision of information to the registration officer

35A. —(1) The authorities set out in paragraph (2) are specified authorities for the purposes of regulation 35.

(2) The specified authorities are—

(a) district councils;

(b) the Registrar General of Births and Deaths in Northern Ireland;

(c) the Northern Ireland Central Services Agency;

(d) the Department for Work and Pensions; and

(f) the Northern Ireland Housing Executive.

(3) The specified information is such of the information set out in paragraphs (4) to (6) as is, in the opinion of the registration officer, required to maintain the accuracy of the register and to ensure that it is comprehensive.

(4) The specified information in respect of persons is such of the following information which relates to a person aged 16 or over—

(a) his name and former name;

(b) his address and last former address;

(c) his date of birth;

(d) his date of death; and

(e) his national insurance number.

(5) The specified information in respect of residential buildings is—

(a) the postal address;

(b) information relating to any change in the usage of the building from residential to non-residential; and

(c) information relating to the current occupants and the last former occupants of the building.

(6) The specified information in respect of non-residential buildings is information relating to any change in the usage of the building from non-residential to residential.

(7) For the purpose of this regulation “residential buildings” includes residential buildings which are under construction and to which a postal address has been assigned.

Disclosure of information

35B. —(1) A person commits an offence if he discloses information obtained under these Regulations to a third party except—

(a) for the purpose mentioned in paragraph 1(4B) of Schedule 2 to the 1983 Act; or

(b) for the purposes of any criminal or civil proceedings.

(2) A person guilty of an offence under this regulation shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3) In this regulation “third party” means a person other than a person to whom the Chief Electoral Officer for Northern Ireland may delegate his functions. ”