Residence: patients in mental hospitals who are not detained offenders or on remandE+W+S
10.—(1) This paragraph applies to a person who—
(a)is a patient in a mental hospital in Gibraltar (whether or not he is liable to be detained there), but
(b)is not a person to whom paragraph 4 or paragraph 11 applies.
(2) A person to whom this paragraph applies shall (subject to sub-paragraph (5)) be regarded for the purposes of section 16(1)(a) of the 2003 Act as resident at the mental hospital in question if the length of the period which he is likely to spend at the hospital is sufficient for him to be regarded as being resident there for the purposes of electoral registration.
(3) A person registered in the register in pursuance of an application for registration made by virtue of sub-paragraph (2) is entitled to remain so registered until—
(a)the end of the period of 12 months beginning with the date when the entry in the register first takes effect, or
(b)another entry made in respect of him in the register takes effect (whether or not in pursuance of an application made by virtue of sub-paragraph (2)),
whichever first occurs.
(4) Where the entitlement of such a person to remain so registered terminates by virtue of sub-paragraph (3), the registration officer concerned shall remove that person’s entry from the register, unless he is entitled to remain registered in pursuance of a further application made by virtue of sub-paragraph (2).
(5) Sub-paragraph (2) shall not be taken as precluding the registration of a person to whom this paragraph applies—
(a)by virtue of his residence at some place other than the mental hospital in which he is a patient, or
(b)in pursuance of a declaration of local connection.
(6) In this paragraph “mental hospital” means any establishment (or part of an establishment) maintained wholly or mainly for the reception and treatment of persons suffering from any form of mental disorder; and for this purpose “mental disorder”, has the same meaning as in section 3(1) of the Mental Health [F1Act].
Textual Amendments
F1Word in Sch. 4 substituted (30.1.2009) by The European Parliamentary Elections (Amendment) Regulations 2009 (S.I. 2009/186), regs. 1(2), 42(2) (with reg. 42(3)(6))