Scottish Elections (Franchise and Representation) Act 2020

Enfranchisement for Scottish elections

1 Voting by qualifying foreign nationals

(1) The Representation of the People Act 1983 is amended as follows.

(2) In section 2(1) (local government electors), in paragraph (c)—

(a) after “or” insert “—

“(i) except in Scotland,”,

(b) after “Union;” insert—

“(ii) in Scotland, a qualifying foreign national,”.

(3) In section 4(3) (entitlement to be registered as a local government elector), in paragraph (c)—

(a) after “or” insert “—

“(i) except in relation to a local government election in Scotland,”,

(b) after “Union;” insert—

“(ii) in relation to a local government election in Scotland, a qualifying foreign national,”.

(4) In section 7B (notional residence: declarations of local connection)—

(a) in subsection (3)(e)—

(i) after “elections” insert “other than in Scotland”, and

(ii) after “Union” insert “or (if the declaration is made for the purposes only of the registration of local government electors in Scotland) a qualifying foreign national”, and

(b) in subsection (7B), after paragraph (aa) (inserted by section 8(2)(c) of this Act) insert—

“(ab) a declaration of local connection made by a qualifying foreign national,”.

(5) In section 15(5B) (service declaration), after paragraph (a) insert—

“(aa) a service declaration made by a qualifying foreign national,”.

(6) In section 16(1) (contents of service declaration), in paragraph (e)—

(a) after “or” in the second place it occurs insert “(except where the declaration is made for the purposes only of the registration of local government electors in Scotland)”, and

(b) after “Union” insert “or (if the declaration is made for the purposes only of the registration of local government electors in Scotland) a qualifying foreign national”.

(7) In section 17(1) (effect of service declaration), in paragraph (c)—

(a) after “or” in the second place it occurs insert “(in relation to a declaration made other than for the purposes of the registration of local government electors in Scotland)”, and

(b) after “Union” insert “or (in relation to a declaration made for the purposes of the registration of local government electors in Scotland) a qualifying foreign national”.

(8) In section 49(5)(b) (effect of registers), after sub-paragraph (iv) insert—

“(v) in the case of a person registered as a local government elector in Scotland or entered in the list of proxies by virtue of being a qualifying foreign national, a qualifying foreign national,”.

(9) In section 202 (general provisions as to interpretation), after the definition of “qualifying address” in subsection (1) insert—

• ““qualifying foreign national” means a person of any nationality who—

  (a)

  is not a Commonwealth citizen or a citizen of the Republic of Ireland, and

  (b)

  either—

  (i)

  is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or

  (ii)

  is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) any description of such leave,”.