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Senedd and Elections (Wales) Act 2020

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This is the original version (as it was originally enacted).

20Service declarations

This section has no associated Explanatory Notes

(1)The 1983 Act is amended as follows.

(2)In section 14 (service qualification), after subsection (1) insert—

(1A)In relation to the registration of local government electors in Wales, a person also has a service qualification for the purposes of this Act if—

(a)the person is under the age of 18,

(b)a parent or guardian of the person has a service qualification under any of paragraphs (a) to (e) of subsection (1), and

(c)the person is residing at a particular place in order to be with that parent or guardian.

(3)In section 15 (service declaration)—

(a)after subsection (3) insert—

(3A)In relation to the registration of local government electors in Wales, a service declaration made by a person by virtue of a service qualification under section 14(1A) ceases to have effect when the person attains the age of 18.

(3B)Without prejudice to subsection (2), a person registered in a register of local government electors in Wales in pursuance of a service declaration referred to in subsection (3A) ceases to be entitled to remain so registered when the person attains the age of 18.

(3C)Where a person’s entitlement to remain registered ceases under subsection (3B), the registration officer must remove the person’s entry from the register.;

(b)after subsection (5) insert—

(5A)Despite anything in subsection (5), in relation to Wales, a relevant service declaration made by a person has effect only for the purposes of the person’s registration as a local government elector.

(5B)In subsection (5A), “relevant service declaration” means—

(a)a service declaration made by virtue of a service qualification under section 14(1A);

(b)a service declaration made by a qualifying foreign citizen;

(c)any other service declaration made by a person who, on the date on which the declaration is made, is—

(i)under the age of 17, and

(ii)not entitled to be registered in the register of parliamentary electors.

(5C)A relevant service declaration referred to in subsection (5A) must be marked to show that it is available only for the purposes of registration as a local government elector, but otherwise is to be the same as other service declarations.

(4)In section 16 (contents of service declaration)—

(a)the existing text becomes subsection (1);

(b)in that subsection, in paragraph (e), after “Union” insert “or (if the declaration is made for the purposes only of the registration of local government electors in Wales) a qualifying foreign citizen”;

(c)after that subsection insert—

(2)In relation to the registration of local government electors in Wales, a service declaration made by a person claiming to have a service qualification under section 14(1A) does not require to be attested.

(5)In section 17 (effect of service declaration)—

(a)in subsection (1)(c), after “Union” insert “or (if the declaration is made for the purposes only of the registration of local government electors in Wales) a qualifying foreign citizen”;

(b)after subsection (2) insert—

(3)In relation to the registration of local government electors in Wales, subsection (2) is subject to section 15(3A).

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