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Senedd and Elections (Wales) Act 2020

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This is the original version (as it was originally enacted).

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12Entitlement to be registered as a local government elector

Explanatory NotesShow EN

(1)In section 4 of the Representation of the People Act 1983 (c. 2) (“the 1983 Act”) (entitlement to be registered as a local government elector)—

(a)in subsection (3)(d), after “age” insert “or, if resident in an area in Wales, is 16 years of age or over”;

(b)after subsection (3) insert—

(3A)A person is also entitled to be registered in the register of local government electors for any electoral area in Wales if on the relevant date the person—

(a)is resident in that area,

(b)is not subject to any legal incapacity to vote (age apart) in an election of members (or of a member) of Senedd Cymru,

(c)is a qualifying foreign citizen, and

(d)is 16 years of age or over.;

(c)after subsection (5A) insert—

(5B)In relation to a register of local government electors for any electoral area in Wales, the reference to “voting age” in subsection (5) is to be interpreted as “16 years of age”.

(2)In section 203(1) of the 1983 Act (local government provisions as to England and Wales) after the definition of “London member” insert—

  • “qualifying foreign citizen” means a person who—

    (a)

    is not a Commonwealth citizen, a citizen of the Republic of Ireland or a relevant citizen of the Union, and

    (b)

    either—

    (i)

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

    (ii)

    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.

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