C1C11C9C8C3C5C10C7C4 Part I Parliamentary and Local Government Franchise and its Exercise

Annotations:
Modifications etc. (not altering text)

F1 Entitlement to registration

Annotations:
Amendments (Textual)
F1

S. 4 and preceding cross-heading substituted for s. 4 (29.1.2001 for specified purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 1(2); S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F24 Entitlement to be registered as parliamentary or local government elector.

1

A person is entitled to be registered in the register of parliamentary electors for any constituency or part of a constituency if on the relevant date he—

a

is resident in the constituency or that part of it;

b

is not subject to any legal incapacity to vote (age apart);

c

is either a qualifying Commonwealth citizen or a citizen of the Republic of Ireland; and

d

is of voting age.

F72

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

A person is entitled to be registered in the register of local government electors for any electoral area if on the relevant date he—

a

is resident in that area;

b

is not subject to any legal incapacity to vote (age apart);

c

is a qualifying Commonwealth citizen, a citizen of the Republic of Ireland F8, a relevant citizen of the Union or (in relation to a local government election in Wales) a qualifying foreign citizen;

d

is of voting age F4....

F63A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

The preceding provisions have effect—

a

subject to—

i

any enactment imposing a disqualification for registration as a parliamentary, or (as the case may be) local government, elector; and

ii

compliance with any prescribed requirements; and

b

(as respects registration as a parliamentary elector) without prejudice to section 2(1) of the Representation of the M1People Act 1985 (registration of British citizens overseas).

C25

A person otherwise qualified is (despite subsection (1)(d) or (3)(d), as the case may be) entitled to be registered in a register of parliamentary electors or local government electors if he will attain voting age before the end of the period of 12 months beginning with the 1st December next following the relevant date, but—

a

his entry in the register shall give the date on which he will attain that age; and

b

until the date given in the entry he shall not by virtue of the entry be treated as an elector for any purposes other than those of an election the date of the poll for which is the date so given or any later date.

F35A

If a person entitled to be registered by virtue of subsection (5) above has an anonymous entry in the register, the references in paragraphs (a) and (b) of that subsection to his entry in the register are to be read as references to his entry in the record of anonymous entries prepared in pursuance of paragraph 8A of Schedule 2 below.

F55B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C66

In this section—

  • “qualifying Commonwealth citizen” means a Commonwealth citizen who either—

    1. a

      is not a person who requires leave under the M2Immigration Act 1971 to enter or remain in the United Kingdom, or

    2. b

      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;

  • “the relevant date”, in relation to a person, means—

    1. a

      the date on which an application for registration is made (or, by virtue of section 10A(2) below, is treated as having been made) by him;

    2. b

      in the case of a person applying for registration in pursuance of a declaration of local connection or a service declaration, the date on which the declaration was made.

F114 Entitlement to be registered as parliamentary or local government elector.

1

A person is entitled to be registered in the register of parliamentary electors for any constituency or part of a constituency if on the relevant date he—

a

is resident in the constituency or that part of it;

b

is not subject to any legal incapacity to vote (age apart);

c

is either a qualifying Commonwealth citizen or a citizen of the Republic of Ireland; and

d

is of voting age.

F152

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

A person is entitled to be registered in the register of local government electors for any electoral area if on the relevant date he—

a

is resident in that area;

b

is not subject to any legal incapacity to vote (age apart);

c

is a qualifying Commonwealth citizen, a citizen of the Republic of Ireland or F12—

i

except in relation to a local government election in Scotland, a relevant citizen of the Union;

F9ii

in relation to a local government election in Scotland, a qualifying foreign national, and

d

is of voting age.

4

The preceding provisions have effect—

a

subject to—

i

any enactment imposing a disqualification for registration as a parliamentary, or (as the case may be) local government, elector; and

ii

compliance with any prescribed requirements; and

b

(as respects registration as a parliamentary elector) without prejudice to section 2(1) of the Representation of the M4People Act 1985 (registration of British citizens overseas).

5

A person otherwise qualified is (despite subsection (1)(d) or (3)(d), as the case may be) entitled to be registered in a register of parliamentary electors or local government electors F14, other than a register of local government electors in Scotland (see subsection (5B)), if he will attain voting age before the end of the period of 12 months beginning with the 1st December next following the relevant date, but—

a

his entry in the register shall give the date on which he will attain that age; and

b

until the date given in the entry he shall not by virtue of the entry be treated as an elector for any purposes other than those of an election the date of the poll for which is the date so given or any later date.

F135A

If a person entitled to be registered by virtue of subsection (5) above has an anonymous entry in the register, the references in paragraphs (a) and (b) of that subsection to his entry in the register are to be read as references to his entry in the record of anonymous entries prepared in pursuance of paragraph 8A of Schedule 2 below.

F105B

A person otherwise qualified is (despite subsection (3)(d)) entitled to be registered in a register of local government electors in Scotland if the person is 14 years of age or over, but—

a

the person's entry in the register must give the date on which the person will attain voting age, and

b

until the date given in the entry the person shall not by virtue of the entry be treated as an elector for any purposes other than those of an election the date of the poll for which is the date so given or any later date.

5C

If a person entitled to be registered by virtue of subsection (5B) has an anonymous entry in the register, the references in paragraphs (a) and (b) of that subsection to the person's entry in the register are to be read as references to the person's entry in the record of anonymous entries prepared in pursuance of paragraph 8A of schedule 2.

C126

In this section—

  • “qualifying Commonwealth citizen” means a Commonwealth citizen who either—

    1. a

      is not a person who requires leave under the M3Immigration Act 1971 to enter or remain in the United Kingdom, or

    2. b

      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;

  • “the relevant date”, in relation to a person, means—

    1. a

      the date on which an application for registration is made (or, by virtue of section 10A(2) below, is treated as having been made) by him;

    2. b

      in the case of a person applying for registration in pursuance of a declaration of local connection or a service declaration, the date on which the declaration was made.