The European Parliamentary Elections (Changes to the Franchise and Qualification of Representatives) Regulations 1994

Regulation 17

SCHEDULE AMENDMENTS TO REGULATIONS UNDER REPRESENTATION OF THE PEOPLE ACTS

PART I AMENDMENTS TO REPRESENTATION OF THE PEOPLE REGULATIONS 1986

1.  The Regulations of 1986 shall be amended as set out in this Part of this Schedule.

2.  In regulation 4(1) (interpretation), after the definition of “registration officer” there shall be inserted:

““Regulations of 1994” means the European Parliamentary Elections (Changes to the Franchise and Qualification of Representatives) Regulations 1994;

“relevant citizen of the Union” has the same meaning as in the Regulations of 1994;”.

3.  In regulation 4(3) after the words “1983” there shall be inserted “or paragraph (a) of regulation 10(7) of the Regulations of 1994”.

4.  After regulation 14 (registration of European Parliamentary overseas electors) there shall be inserted the following regulation:

“Registration of relevant citizens of the Union

14A.   This Part, Part II and Part III of these Regulations shall apply to the registration of relevant citizens of the Union as European Parliamentary electors under the Regulations of 1994 as they apply to the registration of Commonwealth citizens and citizens of the Republic of Ireland as parliamentary and local government electors; and for these purposes provisions in this Part andParts II and III shall, unless the context otherwise requires, have effect as if—

(a) any reference to a parliamentary elector is a reference to a European Parliamentary elector;

(b) any reference to a register includes the register kept under regulation 9 of the Regulations of 1994 and any reference to electors lists includes electors lists in respect of such a register;

(c) any reference to service qualification is to the qualification as set out in regulation 13(1) of the Regulations of 1994;

(d) any reference to a provision of the Act of 1983 which is applied by Part III of the Regulations of 1994 is a reference to that provision as so applied; and

(e) any reference to the qualifying date shall be construed in accordance with regulation 7(3) of the Regulations of 1994.”.

5.  In regulation 16(2) (service declaration ceasing to be in force on change of circumstances)(1) after the words “1983” there shall be inserted “or, as the case may be, regulation 13(1) of the Regulations of 1994”.

6.  In regulation 20(b) (notification of rejection of application for registration as a service voter) after the word “appropriate,” there shall be inserted “regulation 13 of the Regulations of 1994 or”.

7.  At the end of regulation 29(1) (information from householders) there shall be inserted:

“In this regulation “registration duties” does not include registration of relevant citizens of the Union as European Parliamentary electors under the Regulations of 1994.”.

8.  After regulation 29 there shall be inserted the following regulation:

“Time for applications under Regulations of 1994

29A.   An application and declaration under regulation 10(2) and (3) of the Regulations of 1994 must be received by the registration officer by 24th October if the name of the applicant is to be eligible for inclusion in the electors lists.”.

9.  At the end of regulation 30(1) (declarations as to age and nationality)(2) there shall be inserted:

“or

(d) in the case of a person who has made an application and declaration under regulation 10(2) and (3) of the Regulations of 1994, to produce evidence of his status as a national of a Member State or to make a statutory declaration as to that nationality.”.

10.  In regulation 32(1) (electors lists prepared as draft register) after the words “1983” there shall be inserted “or, in the case of persons registered under the Regulations of 1994, regulation 9(2) and paragraph (a) of regulation 10(7) of those Regulations”.

11.  In regulation 33(2)(b)(i) and (c)(i) (alternative form of electors lists) after the word “both”, in both places where it appears, there shall be inserted “or as European Parliamentary electors”.

12.  In regulation 39 (claims in respect of electors lists)

(a) at the beginning of paragraph (1) there shall be inserted the words “Subject to paragraph (2A) below,”; and

(b) after paragraph (2) there shall be inserted the following paragraph:—

“(2A) Paragraph (1) above shall not apply to a claim to be registered as a relevant citizen of the Union entitled to vote at European Parliamentary elections and such a claim shall be made in accordance with regulation 10 of the Regulations of 1994.”.

13.  In paragraph (2) of regulation 41 (time for making claims and objections) —

(a) after sub-paragraph (c) there shall be inserted the following:

“or

(d) an application to be registered as a relevant citizen of the Union entitled to vote at European Parliamentary elections,”; and

(b) in the words following that sub-paragraph, for the words “name in the electors lists, the declaration” there shall be substituted “or applicant’s name in the electors lists, the declaration or as the case may be the application”.

14.  At the end of regulation 50 (marking of names) there shall be inserted:

“(4) To indicate that a person is a relevant citizen of the Union and is registered only as a European Parliamentary elector, the letter “U” shall be placed against his name in the register.”.

15.  At the end of regulation 52(2) (information about registers) there shall be inserted:

“and

(f) those relevant citizens of the Union registered as European Parliamentary electors under the entitlement in Part III of the Regulations of 1994”.

16.  In regulation 58 (claims for inclusion in register and objections thereto)

(a) at the beginning of paragraph (2) there shall be inserted the words “Subject to paragraph (2A) below,”; and

(b) after paragraph (2) there shall be inserted the following paragraph:—

“(2A) Paragraph (2) above shall not apply to a claim to be registered as a relevant citizen of the Union entitled to vote at European Parliamentary elections and such a claim shall be made in accordance with regulation 10 of the Regulations of 1994.”.

PART II AMENDMENTS TO REPRESENTATION OF THE PEOPLE (SCOTLAND) REGULATIONS 1986

1.  The Regulations (Scotland) of 1986 shall be amended as set out in this Part of this Schedule.

2.  In regulation 4(1) (interpretation), after the definition of “registration officer” there shall be inserted:

““Regulations of 1994” means the European Parliamentary Elections (Changes to the Franchise and Qualification of Representatives) Regulations 1994;

“relevant citizen of the Union” has the same meaning as in the Regulations of 1994;”.

3.  In regulation 4(3) after the words “1983” there shall be inserted “or paragraph (a) of regulation 10(7) of the Regulations of 1994”.

4.  After regulation 13 (registration of European Parliamentary overseas electors) there shall be inserted the following regulation:

“Registration of relevant citizens of the Union

13A.   This Part, Part II and Part III of these Regulations shall apply to the registration of relevant citizens of the Union as European Parliamentary electors under the Regulations of 1994 as they apply to the registration of Commonwealth citizens and citizens of the Republic of Ireland as parliamentary and local government electors; and for these purposes provisions in this Part and Parts II and III shall, unless the context otherwise requires, have effect as if—

(a) any reference to a parliamentary elector is a reference to a European Parliamentary elector;

(b) any reference to a register includes the register kept under regulation 9 of the Regulations of 1994 and any reference to electors lists includes electors lists in respect of such a register;

(c) any reference to service qualification is to the qualification as set out in regulation 13(1) of the Regulations of 1994;

(d) any reference to a provision of the Act of 1983 which is applied by Part III of the Regulations of 1994 is a reference to that provision as so applied; and

(e) any reference to the qualifying date shall be construed in accordance with regulation 7(3) of the Regulations of 1994.”.

5.  In regulation 15(2) (service declaration ceasing to be in force on change of circumstances)(3) after the words “1983” there shall be inserted “or, as the case may be, regulation 13(1) of the Regulations of 1994”.

6.  In regulation 19(b) (notification of rejection of application for registration as a service voter) after the word “appropriate,” there shall be inserted “regulation 13 of the Regulations of 1994 or”.

7.  At the end of regulation 28(1) (information from householders) there shall be inserted:

“In this regulation “registration duties” does not include registration of relevant citizens of the Union as European Parliamentary electors under the Regulations of 1994.”.

8.  After regulation 28 there shall be inserted the following regulation:

“Time for applications under Regulations of 1994

28A.   An application and declaration under regulation 10(2) and (3) of the Regulations of 1994 must be received by the registration officer by 24th October if the name of the applicant is to be eligible for inclusion in the electors lists.”.

9.  At the end of regulation 29(1) (declarations as to age and nationality)(4) there shall be inserted:

“or

(d) in case of a person who has made an application and declaration under regulation 10(2) and (3) of the Regulations of 1994, to produce evidence of his status as a national of a Member State or to make a statutory declaration as to that nationality.”.

10.  In regulation 31 (electors lists prepared as draft register) after the words “1983” there shall be inserted “or, in the case of persons registered under the Regulations of 1994, regulation 9(2) and paragraph (a) of regulation 10(7) of those Regulations”.

11.  In regulation 37 (claims in respect of electors lists)

(a) at the beginning of paragraph (1) there shall be inserted the words “Subject to paragraph (2A) below,”; and

(b) after paragraph (2) there shall be inserted the following paragraph:—

“(2A) Paragraph (1) above shall not apply to a claim to be registered as a relevant citizen of the Union entitled to vote at European Parliamentary elections and such a claim shall be made in accordance with regulation 10 of the Regulations of 1994.”.

12.  In paragraph (2) of regulation 39 (time for making claims and objections) —

(a) after sub-paragraph (c) there shall be inserted the following:

“or

(d) an application to be registered as a relevant citizen of the Union entitled to vote at European Parliamentary elections,”; and

(b) in the words following that sub-paragraph, for the words “name in the electors lists, the declaration” there shall be substituted “or applicant’s name in the electors lists, the declaration or as the case may be the application”.

13.  At the end of regulation 48 (marking of names) there shall be inserted:

“(4) To indicate that a person is a relevant citizen of the Union and is registered only as a European Parliamentary elector, the letter “U” shall be placed against his name in the register.”.

14.  At the end of regulation 50(2) (information about registers) there shall be inserted:

“and

(f) those relevant citizens of the Union registered as European Parliamentary electors under the entitlement in Part III of the Regulations of 1994”.

15.  In regulation 56 (claims for inclusion in register and objections thereto)

(a) at the beginning of paragraph (2) there shall be inserted the words “Subject to paragraph (2A) below,”; and

(b) after paragraph (2) there shall be inserted the following paragraph:—

“(2A) Paragraph (2) above shall not apply to a claim to be registered as a relevant citizen of the Union entitled to vote at European Parliamentary elections and such a claim shall be made in accordance with regulation 10 of the Regulations of 1994.”.

PART III AMENDMENTS TO REPRESENTATION OF THE PEOPLE (NORTHERN IRELAND) REGULATIONS 1986

1.  The Regulations (Northern Ireland) of 1986 shall be amended as set out in this Part of this Schedule.

2.  In regulation 4(1) (interpretation), after the definition of “registration officer” there shall be inserted:

““Regulations of 1994” means the European Parliamentary Elections (Changes to the Franchise and Qualification of Representatives) Regulations 1994;

“relevant citizen of the Union” has the same meaning as in the Regulations of 1994;”.

3.  In regulation 4(2) after the words “1983” there shall be inserted “or paragraph (a) of regulation 10(7) of the Regulations of 1994”.

4.  After regulation 14 (registration of European Parliamentary overseas electors) there shall be inserted the following regulation:

“Registration of relevant citizens of the Union

14A.   This Part, Part II and Part III of these Regulations shall apply to the registration of relevant citizens of the Union as European Parliamentary electors under the Regulations of 1994 as they apply to the registration of Commonwealth citizens and citizens of the Republic of Ireland as parliamentary and local government electors; and for these purposes provisions in this Part and Parts II and III shall, unless the context otherwise requires, have effect as if —

(a) any reference to a parliamentary elector is a reference to a European Parliamentary elector;

(b) any reference to a register includes the register kept under regulation 9 of the Regulations of 1994 and any reference to electors lists includes electors lists in respect of such a register;

(c) any reference to service qualification is to the qualification as set out in regulation 13(1) of the Regulations of 1994;

(d) any reference to a provision of the Act of 1983 which is applied by Part III of the Regulations of 1994 is a reference to that provision as so applied; and

(e) any reference to the qualifying date shall be construed in accordance with regulation 7(3) of the Regulations of 1994.”.

5.  In regulation 16(2) (service declaration ceasing to be in force on change of circumstances)(5) after the words “1983” there shall be inserted “or, as the case may be, regulation 13(1) of the Regulations of 1994”.

6.  In regulation 20(b) (notification of rejection of application for registration as a service voter) after the word “appropriate,” there shall be inserted “regulation 13 of the Regulations of 1994 or”.

7.  At the end of regulation 29(1) (information from householders) there shall be inserted:

“In this regulation “registration duties” does not include registration of relevant citizens of the Union as European Parliamentary electors under the Regulations of 1994.”.

8.  After regulation 29 there shall be inserted the following regulation:

“Time for applications under Regulations of 1994

29A.   An application and declaration under regulation 10(2) and (3) of the Regulations of 1994 must be received by the registration officer by 24th October if the name of the applicant is to be eligible for inclusion in the electors lists.”.

9.  At the end of regulation 30(1) (declarations as to age and nationality)(6) there shall be inserted:

“or

(d) in the case of a person who has made an application and declaration under regulation 10(2) and (3) of the Regulations of 1994, to produce evidence of his status as a national of a Member State or to make a statutory declaration as to that nationality.”.

10.  In regulation 32(1) (electors lists prepared as draft register) after the words “1983” there shall be inserted “or, in the case of persons registered under the Regulations of 1994, regulation 9(2) and paragraph (a) of regulation 10(7) of those Regulations”.

11.  In regulation 33(2)(b)(i) and (c)(i) (alternative form of electors lists)(7) after the word “both”, in both places where it appears, there shall be inserted “or as European Parliamentary electors”.

12.  In regulation 39 (claims in respect of electors lists)

(a) at the beginning of paragraph (1) there shall be inserted the words “Subject to paragraph (2A) below,”; and

(b) after paragraph (2) there shall be inserted the following paragraph:—

“(2A) Paragraph (1) above shall not apply to a claim to be registered as a relevant citizen of the Union entitled to vote at European Parliamentary elections and such a claim shall be made in accordance with regulation 10 of the Regulations of 1994.”.

13.  In paragraph (2) of regulation 41 (time for making claims and objections) —

(a) after sub-paragraph (c) there shall be inserted the following:

“or

(d) an application to be registered as a relevant citizen of the Union entitled to vote at European Parliamentary elections,”; and

(b) in the words following that sub-paragraph, for the words “name in the electors lists, the declaration” there shall be substituted “or applicant’s name in the electors lists, the declaration or as the case may be the application”.

14.  At the end of regulation 50 (marking of names)(8) there shall be inserted:

“(4) To indicate that a person is a relevant citizen of the Union and is registered only as a European Parliamentary elector, the letter “U”shall be placed against his name in the register.”.

15.  At the end of regulation 52(2) (information about registers) there shall be inserted:

“and

(d) those relevant citizens of the Union registered as European Parliamentary electors under the entitlement in Part III of the Regulations of 1994”.

16.  In regulation 58 (claims for inclusion in register and objections thereto)

(a) at the beginning of paragraph (2) there shall be inserted the words “Subject to paragraph (2A) below,”; and

(b) after paragraph (2) there shall be inserted the following paragraph:—

“(2A) Paragraph (2) above shall not apply to a claim to be registered as a relevant citizen of the Union entitled to vote at European Parliamentary elections and such a claim shall be made in accordance with regulation 10 of the Regulations of 1994.”.

(1)

Regulation 16(2) has been amended by regulation 9 of S.I. 1990/520.

(2)

Regulation 30(1) has been amended by regulation 16 of S.I. 1990/520.

(3)

Regulation 15(2) has been amended by regulation 8 of S.I. 1990/629 (S.77).

(4)

Regulation 29(1) has been amended by regulation 15 of S.I. 1990/629.

(5)

Regulation 16(2) has been amended by regulation 8 of S.I. 1990/561.

(6)

Regulation 30(1) has been amended by regulation 15 of S.I. 1990/561.

(7)

Regulation 33 has been amended by Schedule 2 to S.I. 1989/1304.

(8)

Regulation 50 has been amended by Schedule 2 to S.I. 1989/1304.