Statutory Instrument 1995 No. 1948

The Local Government Elections (Changes to the Franchise and Qualification of Members) Regulations 1995

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© Crown Copyright 1995

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1995 No. 1948

REPRESENTATION OF THE PEOPLE

The Local Government Elections (Changes to the Franchise and Qualification of Members) Regulations 1995

Whereas a draft of these Regulations has been approved by resolution of each House of Parliament in pursuance of paragraph 2(2) of Schedule 2 to the European Communities Act 1972^[1];

Now, therefore, the Secretary of State, being a Minister designated^[2] for the purposes of subsection (2) of section 2 of that Act in relation to measures relating to the right of citizens of the Union to vote at and stand as a candidate at local government elections in England and Wales and Scotland and local elections in Northern Ireland, in exercise of the powers conferred on him by that subsection, hereby makes the following Regulations:

Citation and commencement
    1.—(1)  These Regulations may be cited as the Local Government Elections (Changes to the Franchise and Qualification of Members) Regulations 1995.

    (2)  Regulations 3 and 5(1) of, and Schedule 1 to, these Regulations shall come into force on 1st January 1996 and the remainder of these Regulations shall come into force on the fourteenth day after the day on which they are made.

Interpretation
    2.    In these Regulations—
"the Act of 1983" means the Representation of the People Act 1983^[3];


"the Act of 1989" means the Elected Authorities (Northern Ireland) Act 1989^[4].

Changes to the qualification for election and holding office as a member of a local authority
    3.—(1)  In section 79(1) of the Local Government Act 1972^[5], after the word "Ireland" there shall be inserted "or a relevant citizen of the Union", and after subsection (2) of that section there shall be inserted:
"  (2A)  In this section the expression "citizen of the Union" shall be construed in accordance with Article 8.1 of the Treaty establishing the European Community^[6] (as amended by Title II of the Treaty on European Union^[7]), and "relevant citizen of the Union" means such a citizen who is not a Commonwealth citizen or a citizen of the Republic of Ireland." .



    (2)  In section 29(1) of the Local Government (Scotland) Act 1973^[8], after the word "Republic" there shall be inserted "or a relevant citizen of the Union" and in subsection (2) of that section, after the word "above", there shall be inserted:
""citizen of the Union" shall be construed in accordance with Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union) and "relevant citizen of the Union" means such a citizen who is not a Commonwealth citizen or a citizen of the Republic of Ireland; and" .



    (3)  In section 3(1) of the Local Government Act (Northern Ireland) 1972^[9], after the word "Ireland" there shall be inserted "or a relevant citizen of the Union", and in subsection (2) of that section, after the word "section" there shall be inserted:
""citizen of the Union" shall be construed in accordance with Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union) and "relevant citizen of the Union" means such a citizen who is not a Commonwealth citizen or a citizen of the Republic of Ireland; and" .



    (4)  In section 5(1) of the City of London (Various Powers) Act 1957^[10], after the word "Ireland" there shall be inserted "or a relevant citizen of the Union".

Changes to the franchise
    4.—(1)  In—
 (a) section 2(1)(b)(ii) of the Act of 1983, and
 (b) section 1(1)(b)(ii) of the Act of 1989,
in each case the word "either" shall be omitted, and after the word "Ireland", there shall be inserted in each case "or a relevant citizen of the Union".

    (2)  In—
 (a) section 202(1) of the Act of 1983, and
 (b) section 10(1) of the Act of 1989,
there shall be inserted at the appropriate place:
""citizen of the Union" shall be construed in accordance with Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union), and "relevant citizen of the Union" means such a citizen who is not a Commonwealth citizen or a citizen of the Republic of Ireland;" .



    (3)  In section 4(1) of the City of London (Various Powers) Act 1957 there shall be inserted at the appropriate place:
""citizen of the Union" shall be construed in accordance with Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union) and "relevant citizen of the Union" means such a citizen who is not a Commonwealth citizen or a citizen of the Republic of Ireland;" .



    (4)  In section 6(1) of the said Act of 1957, the word "either" shall be omitted, and after the word "Ireland" there shall be inserted "or, in the case of a ward election for common councilmen, relevant citizens of the Union".

Consequential amendments
    5.—(1)  The amendments set out in Schedule 1 to these Regulations, which are consequential upon the changes to the qualification of members made by regulation 3 of these Regulations, shall have effect.

    (2)  The amendments set out in Schedule 2 to these Regulations, which are consequential upon the changes to the franchise made by regulation 4 of these Regulations, shall have effect.

Michael Howard

One of Her Majesty's Principal Secretaries of State
Home Office

23rd July 1995

[1] 1972 c. 68. back

[2] By the European Communities (Designation) (No. 3) Order 1993 (S.I. 1993/2661). back

[3] 1983 c. 2. back

[4] 1989 c. 3. back

[5] 1972 c. 70. back

[6] Treaty Series No. 47 (1988), Cm. 455. back

[7] Cm. 1934. back

[8] 1973 c. 65. back

[9] 1972 c. 9 (N.I.); section 3(1) was amended by section 11(5) of the Elected Authorities (Northern Ireland) Act 1989. back

[10] 1957 c.x; section 5(1) was amended by the City of London (Various Powers) Act 1967 (c.xlii), section 28. back

Explanatory Note