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Senedd and Elections (Wales) Act 2020

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27Amendments to the National Assembly for Wales (Representation of the People) Order 2007

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(1)The 2007 Order is amended as follows.

(2)In article 2(1)—

(a)after the definition of “qualifying Commonwealth citizen” insert—

  • “qualifying foreign citizen” means a person who—

    (a)

    is not a Commonwealth citizen, a citizen of the Republic of Ireland or a relevant citizen of the Union, and

    (b)

    either—

    (i)

    is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or

    (ii)

    is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) any description of such leave;;

(b)in the definition of “qualifying Commonwealth citizen” for “indefinite leave to remain within the meaning of that Act” to the end substitute “any description of such leave”;

(c)at the end of the definition of “valid postal voting statement”, omit “and”;

(d)after the definition of “voter”, insert—

  • “voting age” means 16 years of age or over.

(3)In article 11 (proxies at Assembly elections)—

(a)in paragraph (3)(b), after “Union” insert “nor a qualifying foreign citizen”;

(b)in paragraph (4), for “eighteen” substitute “16”.

(4)In article 26(3)(b) (effect of registers), after sub-paragraph (i) insert—

(ia)a qualifying foreign citizen;.

(5)The following amendments have effect for the purposes of an election for membership of the Senedd at which the poll is held on or after 5 April 2021—

(a)the amendment made by subsection (2)(d) so far as it defines “voting age” in article 26(3)(a) of the 2007 Order;

(b)the amendments made by subsections (3) and (4).

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