European Parliament (Representation) Act 2003

16 Entitlement to be registered in Gibraltar

(1) A person is entitled to be registered in the Gibraltar register if, on the relevant date, he—

(a) is resident in Gibraltar;

(b) is not subject to a legal incapacity to vote in Gibraltar at a European Parliamentary election (age apart);

(c) is a qualifying Commonwealth citizen or a citizen of the European Union (other than a qualifying Commonwealth citizen); and

(d) is at least 18 years of age.

(2) A person is also entitled to be registered in the Gibraltar register if, on the relevant date, he—

(a) is not resident in Gibraltar but qualifies for registration in Gibraltar as an overseas elector;

(b) is not subject to a legal incapacity to vote in Gibraltar at a European Parliamentary election (age apart);

(c) is a Commonwealth citizen; and

(d) is at least 18 years of age.

(3) Subsections (1) and (2) have effect subject to or in accordance with any provision made under section 17.

(4) In this section “the relevant date” is the date on which an application for registration in the Gibraltar register is made or treated (by virtue of any enactment) as having been made.

(5) In this section “qualifying Commonwealth citizen” means a Commonwealth citizen who—

(a) does not, under the law of Gibraltar, require a permit or certificate to enter or remain in Gibraltar; or

(b) for the time being has (or is by virtue of any provision of the law of Gibraltar to be treated as having) a permit or certificate entitling him to enter or remain in Gibraltar.