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

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Subordinate legislation

The Local Elections (Northern Ireland) Order 1985

10.  In paragraph 3(2)(b) of Part I of Schedule 2 to the Local Elections (Northern Ireland) Order 1985(1), after the word “Ireland” there shall be inserted “nor a relevant citizen of the Union”.

11.  In the Form in the Appendix to Schedule 2 to the said Order of 1985, in paragraph 3 of the note entitled “Your right to vote as proxy”, for the words “the Republic of Ireland”, there shall be substituted “a Member State of the European Community.”.

The Representation of the People Regulations 1986

12.  The Representation of the People Regulations 1986(2) shall be amended in accordance with paragraphs 13 to 16 below.

13.  In regulations 30(1)(b) and 39(2)(b) (declarations as to nationality) after the word “Ireland” there shall be inserted in each case “or a relevant citizen of the Union”.

14.  In regulation 50(3) (marking of names) after paragraph (4) there shall be added:

(5) To indicate that a person is a relevant citizen of the Union and is registered only as a local government elector, the letter “G” shall be placed against his name in the register.

(6) To indicate that a person is a relevant citizen of the Union and is registered both as a local government elector and as a European Parliamentary elector, the letter “K” shall be placed against his name in the register..

15.  In Schedule 2, Form A(4) (return by occupier as to residents) shall be amended as follows:

(a)in section 2 (Names), for the words “British, other Commonwealth or Irish citizens” there shall be substituted “British citizens or other Commonwealth citizens, or who are citizens of the Republic of Ireland or another Member State of the European Community”;

(b)between section 2 (Names) and section 3 (16/17 year olds) there shall be inserted:

2A European Community Citizens
If a European Community citizen (other than British or Irish) enter 280 below

(c)in section 7 (Declaration), for the words “or citizens of the Republic of Ireland”, there shall be substituted “citizens of the Republic of Ireland, or citizens of other Member States of the European Community”;

(d)after the last item under the heading “Be sure to include” there shall be added “Citizens of Member States of the European Community (who will be registered as local government electors only).”; and

(e)for the item “Foreign nationals” under the heading “Don't include”, there shall be substituted:

  • Foreign nationals — except for citizens of Member States of the European Community..

16.  In Schedule 2, Form D (proxy paper) shall be amended as follows:

(a)at the end of paragraph 2 of the note entitled “Your right to vote as proxy” on the back of the form there shall be added:

  • If the person on whose behalf you have the right to vote is a citizen of a Member State of the European Community other than the United Kingdom or the Republic of Ireland, you may vote on his or her behalf only at local government elections and not at parliamentary elections., and

(b)in paragraph 3 of the said note, after the penultimate sentence, there shall be inserted:

  • You are also capable of being appointed as proxy if you are a citizen of any other Member State of the European Community, but in that case you may only be appointed as proxy for local government elections and not for parliamentary elections..

The Representation of the People (Scotland) Regulations 1986

17.  The Representation of the People (Scotland) Regulations 1986(5) shall be amended in accordance with paragraphs 18 to 22 below.

18.  In regulations 29(1)(b) and 37(2)(b) (declarations as to nationality) after the word “Ireland” there shall be inserted “or a relevant citizen of the Union”.

19.  In regulation 48(6) (marking of names), after paragraph (4) there shall be added:

(5) To indicate that a person is a relevant citizen of the Union and is registered only as a local government elector, the letter “G” shall be placed against his name in the register.

(6) To indicate that a person is a relevant citizen of the Union and is registered both as a local government elector and as a European Parliamentary elector, the letter “K” shall be placed against his name in the register..

20.  In Schedule 2, Form A(7) (return by householder as to residents) shall be amended as follows:

(a)for the column entitled “NAMES” there shall be substituted the following:

NAMES Enter in block capitals the names of residents who are eligible to vote.

Enter householder’s name first, in the appropriate box, if resident and eligible

NAMES OF BRITISH, OTHER COMMONWEALTH OR IRISH CITIZENS
SURNAME (BLOCK LETTERS)FIRST FORENAME IN FULL. INITIALS OF OTHER FORENAMES (BLOCK LETTERS)
NAMES OF CITIZENS OF MEMBER STATES OF THE EUROPEAN COMMUNITY OTHER THAN THE UNITED KINGDOM AND THE IRISH REPUBLIC
SURNAME (BLOCK LETTERS)FIRST FORENAME IN FULL. INITIALS OF OTHER FORENAMES (BLOCK LETTERS)

(b)in the declaration, for the words “or citizens of the Republic of Ireland” there shall be substituted “, citizens of the Republic of Ireland or citizens of other Member States of the European Community”;

(c)in the first paragraph of the notes on how to complete the form, for the words “and citizens of the Republic of Ireland” there shall be substituted “, citizens of the Republic of Ireland and citizens of other Member States of the European Community”;

(d)for item (a) under the heading “Do not include” there shall be substituted:

(a)Foreign nationals — other than citizens of other Members States of the European Community;; and

(e)at the end of the notes on how to complete the form there shall be added:

European Community citizens

Appearance in the register of electors only entitles citizens of Member States of the European Community (other than British or Irish) to vote at local government elections. In order to vote at European Parliamentary elections they must complete a separate form, copies of which can be obtained from the electoral registration officer..

21.  In Schedule 2, in paragraph 2 of Form B (notice of publication of draft register), after the word “Ireland” there shall be inserted “or a citizen of another Member State of the European Community”.

22.  In Schedule 2, Form C (proxy paper) shall be amended as follows:

(a)at the end of paragraph 2 of the note entitled “Your right to vote as proxy” on the back of the form there shall be added:

  • If the person on whose behalf you have the right to vote is a citizen of a Member State of the European Community other than the United Kingdom or the Republic of Ireland, you may vote on his or her behalf only at local government elections and not at parliamentary elections., and

(b)in paragraph 3 of the said note, after the penultimate sentence, there shall be inserted:

  • You are also capable of being appointed as proxy if you are a citizen of any other Member State of the European Community, but in that case you may only be appointed as proxy for local government elections and not for parliamentary elections..

The Representation of the People (Northern Ireland) Regulations 1986

23.  The Representation of the People (Northern Ireland) Regulations 1986(8) shall be amended in accordance with paragraphs 24 to 26 below.

24.  In regulations 30(1)(b) and 39(2)(b) (declarations as to nationality) after the word “Ireland” there shall be inserted “or a relevant citizen of the Union”.

25.  In regulation 50(9) (marking of names), after paragraph (4) there shall be added:

(5) To indicate that a person is a relevant citizen of the Union and is registered only as a local elector, the letter “G” shall be placed against his name in the register.

(6) To indicate that a person is a relevant citizen of the Union and is registered both as a local elector and as a European Parliamentary elector, the letter “K” shall be placed against his name in the register..

26.  In Schedule 2, Form A(10) (return by occupier as to residents) shall be amended as follows:

(a)in section 6 (Declaration), for the words “or citizens of the Republic of Ireland”, there shall be substituted “citizens of the Republic of Ireland, or citizens of other Member States of the European Community”;

(b)in note 1, for the words “and citizens of the Republic of Ireland” there shall be substituted “, citizens of the Republic of Ireland and citizens of other Member States of the European Community”; and

(c)for note 3(a) there shall be substituted:

(a)Foreign nationals — other than citizens of other Member States of the European Community..

The European Parliamentary Elections Regulations 1986

27.  The European Parliamentary Elections Regulations 1986(11) shall be amended as follows:

(a)after sub-paragraph (i) of regulation 5(1)(12) there shall be inserted:

(ia)section 49 of the Act of 1983 is to that provision as amended by Schedule 2 to the Local Government Elections (Changes to the Franchise and Qualification of Members) Regulations 1995;;

(b)after sub-paragraph (iv) of regulation 5(1) there shall be added:

and

(v)section 8 of the Act of 1985 is to that provision as amended by Schedule 2 to the Local Government Elections (Changes to the Franchise and Qualification of Members) Regulations 1995; and

(c)in the right-hand column of Schedule 1, in the modification of subsection (5) of section 49 of the Act of 1983 as applied by the left-hand column of that Schedule(13) the words “, in both places where they occur,” shall be omitted.

The European Parliamentary Elections (Northern Ireland) Regulations 1986

28.  The European Parliamentary Elections (Northern Ireland) Regulations 1986(14) shall be amended as follows:

(a)after sub-paragraph (i) of regulation 5(1)(15) there shall be inserted:

(ia)section 49 of the Act of 1983 is to that provision as amended by Schedule 2 to the Local Government Elections (Changes to the Franchise and Qualification of Members) Regulations 1995;;

(b)after sub-paragraph (iii) of regulation 5(1) there shall be added:

and (iv) section 8 of the Act of 1985 is to that provision as amended by Schedule 2 to the Local Government Elections (Changes to the Franchise and Qualification of Members) Regulations 1995; and

(c)there shall be inserted the following modification of section 49 of the Act of 1983 (effect of registers), as applied by the left-hand column of Schedule 1, in the right-hand column of that Schedule:

  • In subsection (5)(16) for the words “Republic of Ireland” there shall be substituted “Union”..

The Local Government (Transitional Election Arrangements) (Scotland) Order 1994

29.  After article 2 of the Local Government (Transitional Election Arrangements) (Scotland) Order 1994(17) there shall be inserted the following article—

2A.  Any reference in this Order to the 1973 Act, the 1983 Act, the 1986 Regulations or the 1986 Rules is a reference to that Act or, as the case may be, those Regulations or Rules as amended by the Local Government Elections (Changes to the Franchise and Qualification of Members) Regulations 1995..

(1)

S.I. 1985/454; Schedule 2 was substituted by article 5(5) of, and Schedule 2 to, S.I. 1987/168, and there have been other amendments to S.I. 1985/454 which are not relevant to these Regulations.

(2)

S.I. 1986/1081, amended by S.I. 1990/520 and S.I. 1994/342, and to which there have been other amendments which are not relevant to these Regulations.

(3)

Regulation 50 was amended by Part I of the Schedule to S.I. 1994/342.

(4)

Form A was substituted by regulation 32 of, and Schedule 2 to, S.I. 1990/520.

(5)

S.I. 1986/1111, amended by S.I. 1990/629, and to which there have been other amendments which are not relevant to these Regulations.

(6)

Regulation 48 was amended by Part II of the Schedule to S.I. 1994/342.

(7)

Form A was substituted by regulation 28 of, and Schedule 2 to, S.I. 1990/629.

(8)

S.I. 1986/1091, amended by S.I. 1989/1304, S.I. 1990/561 and S.I. 1994/342, and to which there have been other amendments which are not relevant to these Regulations.

(9)

Regulation 50 was amended by Schedule 2 to S.I. 1989/1304 and by Part III of the Schedule to S.I. 1994/342.

(10)

Form A was substituted by regulation 26 of, and Schedule 2 to, S.I. 1990/561.

(11)

S.I. 1986/2209; relevant amendments were made by S.I. 1992/723 and S.I. 1994/342; the citation of this instrument has been amended by section 3(1)(b) and (2)(b) of the European Communities (Amendment) Act 1986 (c. 58) on the coming into force of the Single European Act (Cmnd. 9758) on 1st January 1987.

(12)

Regulation 5(1) was amended by S.I. 1992/723.

(13)

The modification was inserted by regulation 15(3) of S.I. 1994/342.

(14)

S.I. 1986/2250; relevant amendments were made by S.I. 1992/833, S.I. 1994/342 and S.I. 1994/782; the citation of this instrument has been amended by section 3(1)(b) and (2)(b) of the European Communities (Amendment) Act 1986 on the coming into force of the Single European Act on 1st July 1987.

(15)

Regulation 5(1) was amended by S.I. 1992/833.

(16)

Section 49(5) was substituted by paragraph 5 of Schedule 2 to these Regulations.

(17)

S.I. 1994/3255.

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