(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,”.
Commencement Information
I1S. 1 in force at 3.8.2020 by S.S.I. 2020/162, reg. 2