(1)A person shall, unless disqualified by virtue of this Act or any other statutory provision, be qualified to be elected and to be a councillor, if on the relevant day he has attained the age of [F1eighteen] years and is a [F2qualifying Commonwealth citizen] or[F3 a citizen of the Republic of Ireland][F4 or a relevant citizen of the Union] and—
(a)on that day he is a local elector for the district of the council; or
(b)he has during the whole of the twelve months immediately preceding that day—
(i)occupied as owner or tenant any land in the district of the council, or
(ii)resided in the district of the council; or
(c)his principal or only place of work during that twelve months has been in the district of the council.
(2)In this section[F4 “citizen of the Union” shall be construed in accordance with Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union) and “relevant citizen of the Union” means such a citizen who is not a [F5qualifying] Commonwealth citizen or a citizen of the Republic of Ireland; and] “relevant day”, in relation to any candidate, means the day on which he is nominated as a candidate and also, if there is a poll, the day of his election.
(3)For the purposes of subsection (1), in its application to any candidate, the district shall be treated as having been established not less than twelve months before the day on which he is nominated as a candidate.
[F6(4)For the purposes of this section, a person is a qualifying Commonwealth citizen if he is a Commonwealth citizen who either—
(a)is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or
(b)is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act.
(5)But a person is not a qualifying Commonwealth citizen by virtue of subsection (4)(a) if he does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases).]
F1Words in s. 3(1) substituted (7.2.2007) by Electoral Administration Act 2006 (c. 22), ss. 17(6), 77(2); S.I. 2007/230, art. 2
F2Words in s. 3(1) substituted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 18(6), 77(2), Sch. 1 para. 47(2); S.I. 2008/1316, arts. 2(2)(3), 4(b), 5(f)(i)
F4SI 1995/1948
F5Word in s. 3(2) inserted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 18(6), 77(2), Sch. 1 para. 47(3); S.I. 2008/1316, arts. 2(2)(3), 4(b), 5(f)(i)
F6S. 3(4)(5) inserted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 18(6), 77(2), Sch. 1 para. 47(4); S.I. 2008/1316, arts. 2(2)(3), 4(b), 5(f)(i)