European Union Act 2011

European Union Act 2011

2011 CHAPTER 12

Commentary on Sections

Part 1: Restrictions on Treaties and Decisions Relating to EU

Further provisions about referendums held in pursuance of sections 2, 3 or 6

Section 11: Persons entitled to vote in referendum

105. Section 11 defines who is entitled to vote in any future referendum held in accordance with sections 2, 3 or 6. Under subsection (1)(a), a person is entitled to vote in a future referendum if, on the date of the referendum, he or she would be entitled to vote in a parliamentary election. A person who is entitled to vote in a parliamentary election in the UK must be a British citizen, Commonwealth citizen, a citizen of the Republic of Ireland or a British citizen who qualifies as an overseas elector. Such a person must also be at least 18 years of age, not subject to any legal incapacity, and registered in the register of parliamentary elections of a constituency of the UK. Subsection (1)(b) enables a peer, who is disqualified under common law from voting in parliamentary elections, to vote in a future referendum if, on the date of the referendum, he or she would be entitled to vote in a local government election, including a municipal election in the City of London, or if he or she is a British citizen resident abroad and is otherwise entitled to vote in a European Parliamentary election. Other citizens of the EU are excluded from voting in referendums held as a result of this Act.

106. Subsection (1)(c) allows any Commonwealth citizens who are entitled to vote in Gibraltar at a European Parliamentary election on the day of a future referendum, the right to vote in any such referendum that would be applicable to Gibraltar.