Senedd and Elections (Wales) Act 2020

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

(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).