PART 1Foreign nationals

Enfranchisement for Scottish elections

I11Voting 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,