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Parliament (Elections and Meeting) Act 1943

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This is the original version (as it was originally enacted).

8Service register

(1)Subject to the provisions of this Part of this Act, a person, being on the qualifying date a British subject of full age and not subject to any legal incapacity, shall be entitled to be registered in the service register for an election in any constituency, if on that date that person—

(a)is a member of the forces or a seaman; and

(b)is residing at a place in the constituency, or would be so residing but for his service as a member of the forces or a seaman.

(2)No person shall be entitled to be registered in the service register for an election in any constituency unless there has been transmitted to the registration officer for that constituency in any manner authorised by national registration regulations, and received by that officer on or before the qualifying date, a declaration in the prescribed form (hereafter in this Part of this Act referred to as a " service declaration ") which purports to be signed by that person and to be attested by such other person as may be prescribed and states—

(a)the date of the declaration, and that on that date the declarant was a British subject; and

(b)whether the declarant had, on the date of the declaration, attained the age of twenty-one years, and, if he had not, the date of his birth; and

(c)that on the date of the declaration the declarant was,

or but for his service as a member of the forces or a seaman would have been, residing at a place in the constituency of which the postal address is specified in the declaration; and

(d)the declarant's service number (if any) and such other particulars of identity (if any) as may be prescribed.

(3)A person who has made a service declaration may at any time cancel it in the prescribed form and (if he so desires) make a further service declaration to some other place of residence.

(4)A service declaration which declares to more than one place of residence shall be void, and not more than one service declaration made by the same person shall have effect at the same time; and accordingly, where a person makes two or more service declarations without expressly cancelling the earlier declaration or declarations, the following provisions shall apply:—

(a)two or more declarations bearing the same date shall be void;

(b)subject to paragraph (a) of this subsection, a declaration bearing a later date shall, without any express cancellation, cancel a declaration bearing an earlier date.

(5)Where, on the qualifying date for an election in any constituency,—

(a)a service declaration declaring to a place of residence, in the constituency has been transmitted to the registration officer in manner authorised by national registration regulations and received by him; and

(b)the registration officer has not been notified in manner so authorised that the declaration has been cancelled or that the declarant has ceased to be a member of the forces, or a seaman;

then for the purpose of determining the declarant's right to be registered in the service register for the election—

(i)that place shall be deemed to be the place at which he is, or but for his service as a member of the forces or a seaman would be, residing on the qualifying date; and

(ii)he shall be treated until the contrary is proved as being on that date a member of the forces or a seaman, according to the form of the declaration, and a British subject of the age appearing from the declaration and not subject to any legal incapacity.

(6)National registration regulations may provide for the following matters, that is to say:—

(a)the manner in which any service declaration and any cancellation of any such declaration is to be transmitted or notified to the registration officer concerned;

(b)the manner in which the registration officer concerned is to be notified that a person who has made a service declaration has died or otherwise ceased to be a member of the forces or a seaman;

(c)the compilation and maintenance of a central index (whether as an adjunct to the National Register or otherwise) of all persons who have made service declarations, containing such particulars as to those persons and the service declarations made by them as appear to be necessary for the purposes of this Part of this Act;

and the notification to a registration officer in accordance with the said regulations that a service declaration has been cancelled or that a person has died or otherwise ceased to be a member of the forces or a seaman shall, for the purposes of this section, be conclusive evidence of the fact so notified.

(7)A person -who is registered in the service register for any election shall be deemed for the purposes of this Part of this Act and the principal Act to be registered in respect of a residence qualification.

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