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The Representation of the People (Franchise Amendment and Eligibility Review) (Northern Ireland) Regulations 2023

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Change 1

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As published

12 Procedure for removal following response to communications

(1) This regulation applies where— (a) a relevant person has responded to a notice, notification or request under regulations 7 to 10 or has provided requested information in response to the Chief Electoral Officer making contact with that person, and (b) the Chief Electoral Officer is not satisfied that the relevant person satisfies the revised registration criteria. (2) The Chief Electoral Officer must send a notice to the relevant person’s address, which must— (a) state the date of issue of the notice, (b) advise that the criteria under section 4(3) to (6) of the 1983 Act by which a citizen of a member State is eligible to be registered in the register of local electors have changed, (c) state that the Chief Electoral Officer is of the opinion that the relevant person does not satisfy the revised registration criteria, and the grounds for the Chief Electoral Officer’s opinion, (d) state that if the relevant person does not within 14 days beginning with the date of issue notify the Chief Electoral Officer that the relevant person requires a review hearing— (i) the Chief Electoral Officer may determine the review and remove the relevant person’s entry from the register, and (ii) the relevant person would not be entitled to appeal against the Chief Electoral Officer’s determination in those circumstances, and (e) state that after 14 days beginning with the date of issue, the relevant person can contact the Chief Electoral Officer to find out if the Chief Electoral Officer has removed the relevant person’s entry from the register. (3) Subject to paragraph (4), where the Chief Electoral Officer has delivered the notice under paragraph (2), that Officer may determine that the relevant person does not satisfy the revised registration criteria and (if such a determination is made) remove the relevant person’s entry from the register. (4) The Chief Electoral Officer may not make a determination under paragraph (3) if, within 14 days beginning with the date of issue of the notice mentioned in that paragraph, the relevant person notifies the Chief Electoral Officer that the person requires a hearing. (5) Where the relevant person requires a review hearing pursuant to paragraph (4), paragraphs (2) to (7) of regulation 38 of the 2008 Regulations apply (and see also regulation 13(2)). (6) Regulation 44(2)(c) of the 2008 Regulations (copy of notice to be sent to affected persons) does not apply in respect of a notice under section 13A(2) of the 1983 Act resulting from the determination mentioned in paragraph (3).

Your change, as a redline

12 Procedure for removal following response to communications

(1) This regulation applies where— (a) a relevant person has responded to a notice, notification or request under regulations 7 to 10 or has provided requested information in response to the Chief Electoral Officer making contact with that person, and (b) the Chief Electoral Officer is not satisfied that the relevant person satisfies the revised registration criteria. (2) The Chief Electoral Officer must send a notice to the relevant person’s address, which must— (a) state the date of issue of the notice, (b) advise that the criteria under section 4(3) to (6) of the 1983 Act by which a citizen of a member State is eligible to be registered in the register of local electors have changed, (c) state that the Chief Electoral Officer is of the opinion that the relevant person does not satisfy the revised registration criteria, and the grounds for the Chief Electoral Officer’s opinion, (d) state that if the relevant person does not within 14 days beginning with the date of issue notify the Chief Electoral Officer that the relevant person requires a review hearing— (i) the Chief Electoral Officer may determine the review and remove the relevant person’s entry from the register, and (ii) the relevant person would not be entitled to appeal against the Chief Electoral Officer’s determination in those circumstances, and (e) state that after 14 days beginning with the date of issue, the relevant person can contact the Chief Electoral Officer to find out if the Chief Electoral Officer has removed the relevant person’s entry from the register. (3) Subject to paragraph (4), where the Chief Electoral Officer has delivered the notice under paragraph (2), that Officer may determine that the relevant person does not satisfy the revised registration criteria and (if such a determination is made) remove the relevant person’s entry from the register. (4) The Chief Electoral Officer may not make a determination under paragraph (3) if, within 14 days beginning with the date of issue of the notice mentioned in that paragraph, the relevant person notifies the Chief Electoral Officer that the person requires a hearing. (5) Where the relevant person requires a review hearing pursuant to paragraph (4), paragraphs (2) to (7) of regulation 38 of the 2008 Regulations apply (and see also regulation 13(2)). (6) Regulation 44(2)(c) of the 2008 Regulations (copy of notice to be sent to affected persons) does not apply in respect of a notice under section 13A(2) of the 1983 Act resulting from the determination mentioned in paragraph (3).

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