C3C5C6C8C7C9C10C11C12 Part I Parliamentary and Local Government Franchise and its Exercise

Annotations:
Modifications etc. (not altering text)

F5 Entitlement to registration

Annotations:
Amendments (Textual)
F5

S. 4 and preceding cross-heading substituted for s. 4 (29.1.2001 for specified purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 1(2); S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

C1C2C4F17A Residence: persons remanded in custody etc.

1

This section applies to a person who is detained at any place pursuant to a relevant order or direction and is so detained otherwise than after—

a

being convicted of any offence, or

b

a finding in criminal proceedings that he did the act or made the omission charged.

2

A person to whom this section applies shall (subject to subsection (5) below) be regarded for the purposes of section 4 above as resident at the place at which he is detained if the length of the period which he is likely to spend at that place is sufficient for him to be regarded as being resident there for the purposes of electoral registration.

3

A person registered in a register of electors in pursuance of an application for registration made by virtue of subsection (2) above is entitled to remain so registered until—

a

the end of the period of 12 months beginning with the date when the entry in the register first takes effect, or

F2aa

the registration officer determines in accordance with regulations that the person was not entitled to be registered, or

F6ab

the registration officer determines in accordance with regulations that the person was registered as the result of an application under section 10ZC made by some other person or that the person's entry has been altered as the result of an application under section 10ZD made by some other person, or

b

another entry made in respect of him in any register of electors takes effect (whether or not in pursuance of an application made by virtue of subsection (2)),

whichever first occurs.

4

Where the entitlement of such a person to remain so registered terminates by virtue of subsection (3) above, the registration officer concerned shall remove that person’s entry from the register, unless he is entitled to remain registered in pursuance of a further application made by virtue of subsection (2).

5

Subsection (2) above shall not be taken as precluding the registration of a person to whom this section applies—

a

by virtue of his residence at some place other than the place at which he is detained, or

b

in pursuance of a declaration of local connection.

6

In this section “a relevant order or direction” means—

a

a remand or committal in custody;

b

a remand to a hospital under section 35 or 36 of the M1Mental Health Act 1983 or Article 42 or 43 of the M2Mental Health (Northern Ireland) Order 1986;

c

a direction for removal to a hospital under section 48 of that Act or Article 54 of that Order;

d

F3an assessment order under section 52D or a treatment order under section 52M of the M3Criminal Procedure (Scotland) Act 1995; or

F4e

a transfer for treatment direction under section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 made in respect of a person to whom that section applies by virtue of article 13 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005