C1Part I Parliamentary and Local Government Franchise and its Exercise

Annotations:
Modifications etc. (not altering text)

F2 Entitlement to registration

Annotations:
Amendments (Textual)
F2

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))

F14 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.

2

A person is not entitled to be registered in the register of parliamentary electors for any constituency in Northern Ireland unless, in addition to complying with subsection (1) above, he has been resident in Northern Ireland during the whole of the period of three months ending on the relevant date.

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 a relevant citizen of the Union; 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 M1People 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 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.

6

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.