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,