(1)In this Act, unless the context otherwise requires—
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F2“anonymous entry”, in relation to a register of electors, shall be construed in accordance with section 9B above and “the record of anonymous entries”, means the record prepared in pursuance of regulations made by virtue of paragraph 8A of Schedule 2 to this Act;]
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[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 Commonwealth citizen or a citizen of the Republic of Ireland;]
“the City” means the City of London;
“Clerk of the Crown” means Clerk of the Crown in Chancery;
“Common Council” means the Common Council of the City;
[F5“disability”, in relation to doing a thing, includes a short term inability to do it;]
[F6“dwelling” includes any part of a building where that part is occupied separately as a dwelling;]
“election” means a parliamentary election[F7, an Authority election] or an election under the local government Act;
“election court” means—
In relation to a parliamentary election petition, the judges presiding at the trial;
in relation to a petition questioning [F8an Authority election or] an election under the local government Act, the court constituted under this Act for the trial of that petition;
“election petition” means a petition presented in pursuance of Part III of this Act;
“elector” in relation to an election, means any person [F9who has for the time being an entry] on the register to be used at that election, but does not include those shown in the register [F10(or, in the case of a person who has an anonymous entry in the register, in the record of anonymous entries)] as below voting age on the day fixed for the poll;
“legal incapacity” includes (in addition[F11, where applicable,] to any incapacity by virtue of any subsisting provision of the common law) any disqualification imposed by this Act or any other Act;
[F12“legal process” means a claim form, application notice, writ, summons or other process;]
[F13“the list of proxies” has, in relation to any election, the meaning given by [F14paragraph 5(3) of Schedule 4 to the Representation of the People Act 2000 or, as respects Northern Ireland, by] section 7 of the Representation of the People Act 1985]
[F15“overseas elector’s declaration” means a declaration made under and in accordance with section 1C of the Representation of the People Act 1985;]
“parliamentary election petition” means an election petition questioning a parliamentary election or return;
[F16“the postal voters list” means—
in relation to England and Wales and Scotland, the list of persons kept in pursuance of paragraph 5(2) of Schedule 4 to the Representation of the People Act 2000 (persons whose applications to vote by post have been granted);
in relation to Northern Ireland, the list of persons kept in pursuance of section 7(4)(a) of the Representation of the People Act 1985 (persons whose applications to vote by post have been granted);
“the proxy postal voters list” means—
in relation to England and Wales and Scotland, the list of persons kept in pursuance of paragraph 7(8) of Schedule 4 to the Representation of the People Act 2000 (persons whose applications to vote by post as proxy have been granted);
in relation to Northern Ireland, the list of persons kept in pursuance of section 9(9) of the Representation of the People Act 1985 (persons whose applications to vote by post as proxy have been granted).]
“parliamentary elections rules” means the parliamentary elections rules in Schedule 1 to this Act;
“person” includes (without prejudice to the provisions of the M1Interpretation Act 1978) an association corporate or unincorporate;
“prescribed” except in Part III of this Act means prescribed by regulations;
[F17“proper officer”—
in relation to the Greater London Authority, has the same meaning as in the 1999 Act (see section 424(2) of that Act);
except as provided by paragraph (a) above, in England and Wales means a proper officer within the meaning of section 270(3) and (4) of the M2Local Government Act 1972;]
[F18“qualifying address” shall be construed in accordance with section 9(8) above;]
[F19"qualifying foreign national” means a person of any nationality who—
is not a Commonwealth citizen or a citizen of the Republic of Ireland, and
either—
is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or
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,]
[F20“registered political party” means [F21a party registered under Part II of the Political Parties, Elections and Referendums Act 2000;]]
[F22“service declaration” means a declaration made by a person under and in accordance with section 15;]
F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“service voter” means a person who has made a service declaration and is registered or entitled to be registered in pursuance of it;
F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“sub-agent” has the meaning given by section 68(1) above;
[F25“universal postal service provider” means a universal service provider (within the meaning of [F26Part 3 of the Postal Services Act 2011]);]
“voter” means a person voting at an election and includes a person voting as proxy and, except in the parliamentary elections rules, and the rules under section 36 [F27, 36A] and 42 above, a person voting by proxy, and “vote” (whether noun or verb) shall be construed accordingly, except that in those rules any reference to an elector voting or an elector’s vote shall include a reference to an elector voting by proxy or an elector’s vote given by proxy.
(2)For the purposes of the Representation of the People Acts a person shall be deemed not to have attained a given age until the commencement of the relevant anniversary of the day of his birth.
Textual Amendments
F1S. 202(1): definition of "absent voters list" repealed (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 74, 77, Sch. 1 para. 128(2), Sch. 2; S.I. 2006/3412, art. 3, Sch. 1 para. 14(aa)(bb)(v) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4
F2S. 202: definition of "anonymous entry" inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10, 77, Sch. 1 para. 13(2); S.I. 2006/3412, art. 3, Sch. 1 para. 1, 12(a) (subject to transitional provisions in art. 6, Sch. 2) (amendment extended to N.I. (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 2(2))
F3Definition of “Attorney General” in s. 202(1) repealed (30.9.1997) by 1997 c. 60, s. 3(2)(3), Sch.
F4Definition of “citizen of the Union” in s. 202(1) inserted (6.8.1995) by S.I. 1995/1948, regs. 1(2), 4(2)(a)
F5S. 202(1): definition of "disability" inserted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 47, 77, Sch. 1 para. 76; S.I. 2006/3412, art. 3, Sch. 1 para. 14(w)(bb)(iii) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4
F6S. 202(1): definition substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 8 Sch. 1 para. 22(a); S.I. 2001/116, art. 2(1)(2) (with art. 2(4))
F7S. 202(1): words in definition of "election" inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 38(1)(2)(a) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2
F8S. 202(1): words in definition of "election" in para. b inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 38(1)(2)(b) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2
F9S. 202: words in definition of "elector" substituted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10, 77, Sch. 1 para. 13(3)(a); S.I. 2006/3412, art. 3, Sch. 1 para. 1, 12(a) (subject to transitional provisions in art. 6, Sch. 2) (amendment extended to N.I. (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 2(2))
F10S. 202: words in definition of "elector" inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10, 77, Sch. 1 para. 13(3)(b); S.I. 2006/3412, art. 3, Sch. 1 para. 1, 12(a) (subject to transitional provisions in art. 6, Sch. 2) (amendment extended to N.I. (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 2(2))
F11S. 202: words in definition of "legal incapacity" inserted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 73(2), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(z) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4
F12S. 202(1): definition of “legal process” inserted (16.2.2001) by 2000 c. 2, s. 138(1), Sch. 18 para. 9(6) (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)
F13Definition of “the list of proxies” inserted by Representation of the People Act 1985 (c. 50, SIF 42), s. 11, Sch. 2 para. 3(b)
F14S. 202(1): words in definition of “the list of proxies”substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 15, Sch. 6 para. 9(b); S.I. 2001/116, art. 2(1)(2) (with art. 2(4))
F15Words in s. 202(1) substituted (16.1.2024) by Elections Act 2022 (c. 37), s. 67(1), Sch. 7 para. 3 (with Sch. 7 para. 13); S.I. 2023/1405, reg. 2
F16S. 202(1): definitions of "the postal voters list" and "the proxy postal voters list" inserted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77, Sch. 1 para. 128(3); S.I. 2006/3412, art. 3, Sch. 1 para. 14(aa)(bb)(v) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4
F17S. 202(1): definition of "proper officer" substituted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 38(1)(2)(c) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2
F18S. 202(1): definition of "qualifying address" inserted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 8, Sch. 1 para. 22(b); S.I. 2001/116, art. 2(1)(2) (with art. 2(4))
F19Words in s. 202(1) inserted (S.) (3.8.2020) by Scottish Elections (Franchise and Representation) Act 2020 (asp 6), ss. 1(9), 12(2); S.S.I. 2020/162, reg. 2
F20S. 202(1): definition of "registered political party" inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 38(1)(3) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2
F21Words in s. 202(1) substituted (16.2.2001) by 2000 c. 41, s. 158(1), Sch. 21 para. 6(8); S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)
F22Words in s. 202(1) inserted (31.10.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 4 para. 3; S.I. 2023/1145, reg. 2(f)(iii)
F23Definition of “registration duties” repealed by Representation of the People Act 1985 (c. 50, SIF 42), ss. 24, 28, Sch. 4 para. 70 Sch. 5
F24S. 202(1): definitions of "standard scale" and "statutory maximum" repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV.
F25S. 202(1): definition inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 57(4)
F26Words in s. 202(1) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 120; S.I. 2011/2329, art. 3
F27Words in s. 202(1) inserted (E.W.) (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(f), Sch. 2 para. 2(17)
Modifications etc. (not altering text)
C1S. 202 applied with modifications (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I
C2S. 202 applied (with modifications) (2.4.2001) by The Local Authorities (Conduct of Referendums) (England) Regulations 2001 (S.I. 2001/1298), reg. 8(1), Sch. 3 Table 2 (with reg. 10(4))
S. 202 applied (with modifications) (9.4.2001) by S.I. 2001/1184, reg. 9. Sch. 1 Pt. I (as substituted (17.3.2009) by S.I. 2009/726, regs. 1(1), 2(3)(4), Sch.)
C3S. 202 applied (with modifications) (N.I.) (4.5.1996) by Elections (Northern Ireland) Order 1996 (S.I. 1996/1220), art. 3(1)(b)(5)-(8), Sch. 1
S. 202 applied (N.I.) (25.4.1998) by Northern Ireland Negotiations (Referendum) Order 1998 (S.I. 1998/1126), art. 6, Sch. 2
S. 202 applied (with modifications) (W.) (24.3.2004) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 (S.I. 2004/870), reg. 8, {Sch. 3 Table 2} (which S.I. was revoked (24.7.2008) by S.I. 2008/1848)
C4S. 202 applied (E.) (28.7.2007) by The Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), regs. 8, 11, 13, {Sch. 4 Table 1}
C5S. 202 applied (with modifications) (W.) (24.7.2008) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848), reg. 8, {Sch. 4 para. 1 Table 1}
C6S. 202 applied (with modifications) (1.8.2001) by The Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599), art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3, Sch. 1)
C7S. 202 applied (with modifications) (E.) (9.2.2012) by The Local Authorities (Conduct of Referendums)(England) Regulations 2012 (S.I. 2012/323), reg. 1, Sch. 4 para. 1
C8S. 202 applied (with modifications) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 4 para. 1 (with reg. 27)
C9S. 202 applied (with modifications) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1
C10S. 202 applied (with modifications) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), reg. 17, Sch. 8 Table 1 (as inserted (E.W.) (6.4.2013) by S.I. 2013/798, regs. 1, 7, Sch. 3)
C11S. 202(1) applied in part (with modifications) (23.7.2004) by The Regional Assembly and Local Government Referendums Order 2004 (S.I. 2004/1962), art. 6(2), Sch. 2 Pt. 2
C12S. 202(1) applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 1 para. 46 (with Sch. 1 para. 1(3))
C13Definition in S. 202(1) applied (1.5.1999) by 1999 c. 1, S. 2 Sch. 1 (subst. 1978 c. 10, Sch. 2 at para 4(4)); S.I 1999/717 art. 2(1) with art. 2(2)(3)
C14Definition of “prescribed” is extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I
C15S. 202(2) applied (with modifications) (31.7.1997) by Referendums (Scotland and Wales) Act 1997 (c. 61), s. 3, Sch. 3 para. 13 Table 1
S. 202(2) applied in part (with modifications) (23.7.2004) by The Regional Assembly and Local Government Referendums Order 2004 (S.I. 2004/1962), art. 6(2), Sch. 2 Pt. 2
Marginal Citations
(1)In this Act, unless the context otherwise requires, in relation to England and Wales—
F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F29“Assembly constituency” has the same meaning as in the 1999 Act (see section 2(4) and (5) of that Act);]
[F29“Authority election” means—
any election of the Mayor of London;
any election of a constituency member of the London Assembly; or
the election of the London members of the London Assembly at an ordinary election;]
[F29“constituency member”, in relation to the London Assembly, has the same meaning as in the 1999 Act;]
[F29“election of a constituency member of the London Assembly” means—
any such election at an ordinary election; or
an election under section 10 of the 1999 Act (election to fill a vacancy in an Assembly constituency);]
[F29“election of the Mayor of London” means—
any such election at an ordinary election; or
an election under section 16 of the 1999 Act (election to fill a vacancy in the office of Mayor of London);]
[F30“electoral area” means]
[F31in England, any electoral division or ward or, in the case of a parish in which there are no wards, the parish, for which the election of councillors is held under the local government Act;]
[F31in Wales, any electoral ward of a county council or county borough council or community ward or, in the case of a community in which there are no wards, the community, for which the election of councillors is held under the local government Act;]
[F32Greater London, in the case of—
any election of the Mayor of London; or
the election of the London members of the London Assembly at an ordinary election;
any Assembly constituency for which the election of a constituency member of the London Assembly is held;]
[F33“EU citizen with retained rights” has the meaning given by section 203B;]
“local authority” means [F34the Greater London Authority,] a county council [F35a county borough council,], F36. . . a district council, a London borough council F37 . . . or a parish or community council;
“local government Act” means the M3Local Government Act 1972 F38 . . .;
“local government area” means [F39Greater London,]a county [F40county borough,], London borough F41. . . , district, parish or community;
“local government election” means
[F29“London member”, in relation to the London Assembly, has the same meaning as in the 1999 Act;]
[F33“qualifying EU citizen” has the meaning given by section 203A;]
[F44“qualifying foreign citizen” means a person who—
is not a Commonwealth citizen, a citizen of the Republic of Ireland or a relevant citizen of the Union, and
either—
is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or
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.]
[F45“simple majority system” has the meaning given by section 6(1) of the Local Government and Elections (Wales) Act 2021;
”single transferable vote system” has the meaning given by section 6(2) of the Local Government and Elections (Wales) Act 2021.]
[F29“the 1999 Act” means the Greater London Authority Act 1999;]
[F46(1A)In the application of this Act in relation to England and Wales, unless the context otherwise requires, any reference to—
(a)a local government election, or
(b)an election under the local government Act,
shall be taken to include a reference to an Authority election.
F46(1B)Any reference in this Act to a registered political party submitting a list of candidates to be London members of the London Assembly at an ordinary election shall be construed in accordance with section 4(5)(a) of, and Part II of Schedule 2 to, the 1999 Act; and related expressions shall be construed accordingly.]
[F47(2)The following provisions of this Act, namely—
(a)Part I, so far as it has effect for the purposes of parliamentary elections, and
(b)Parts I to III, so far as they have effect for the purposes of Authority elections,
shall (subject to any express provision contained in the Part or Parts in question) apply in relation to the City as if the City were a London borough and the Common Council were a London borough council.
For the purposes of this subsection the Inner Temple and the Middle Temple shall be treated as forming part of the City.]
(3)The modifications made by subsection (2) above do not affect section 52(4) above.
(4)This Act applies in relation to the Isles of Scilly as if those isles were a county and as if the council of those isles were a county council, except that—
(a)[F48the council shall appoint an officer of the council to be registration officer for the isles and] paragraph 1(1) of Schedule 2 F49. . . shall apply as if the isles were a district and the council were a district council;
(b)the provisions of Part I relating to the conduct of local government elections shall have effect in relation to those isles subject to such adaptations as the Secretary of State may by regulations prescribe.
(5)For the purposes of section 265 of the M4Local Government Act 1972 (application to Isles of Scilly) the provisions of this Act as to rules made by the Secretary of State under section 36 above shall be deemed to be contained in a public general Act relating to local government.
Textual Amendments
F28Definition of "council" inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 19(5)(6), Sch. 9 para. 1(10)(a) and repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 13 Pt. I
F29S. 203(1): definitions inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 39(1)(2), with Sch. 12 para. 9(1); S.I. 1999/3376, art. 2
F30Definition of “electoral area” substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 71(a)
F31Words in s. 203(1) substituted (E.W.) (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(f), Sch. 2 para. 2(18)(a)
F32S. 203(1): in definition of “electoral area” para. (b)(c) added (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 39(1)(3)' S.I. 1999/3376, art. 2
F33Words in s. 203 inserted (E.W.N.I.) (1.11.2023 for specified purposes) by Elections Act 2022 (c. 37), s. 67(4)(b), Sch. 8 para. 1(10); S.I. 2023/1145, reg. 3(i)
F34S. 203(1): words in definition of “local authority” inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 39(1)(4)(a); S.I. 1999/3376, art. 2
F35Words in definition of “local authority” in s. 203(1) inserted (20.3.1995) by 1994 c. 19, s. 66(6), Sch. 16 para. 68(16)(a) (with ss. 54(4)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/546, art. 3, Sch.
F36Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17
F37Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 19(5)(6), Sch. 9 para. 1(10)(b) and repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 13 Pt. I
F38Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 19(5)(6), Sch. 9 para. 1(10)(c) and repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 13 Pt. I
F39S. 203(1): words in definition of “local government area” inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 39(1)(4)(b); S.I. 1999/3376, art. 2
F40Words in definition of “local government area” in s. 203(1) inserted (20.3.1995) by 1994 c. 19, s. 66(6), Sch. 16 para. 68(16)(b) (with ss. 54(4)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/546, art. 3, Sch.
F41Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 19(5)(6), Sch. 9 para. 1(10)(d) and repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 13 Pt. I
F42S. 203(1) definition of “local government area”: “(a)” inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 39(4)(c); S.I. 1999/3376, art. 2
F43S. 203(1) definition of “local government area”: para. (b) and preceding word inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 39(1)(4)(c); S.I. 1999/3376, art. 2
F44Words in s. 203(1) (E.W.) inserted (1.6.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 12(2), 42(3)(a)
F45Words in s. 203(1) inserted (E.W.) (6.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(6)(c), Sch. 2 para. 2(18)(b)
F46S. 203(1A)(1B) inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 39(5); S.I. 1999/3376, art. 2
F47S. 203(2) substituted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 39(6); S.I. 1999/3376, art. 2
F48Words inserted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 71(b)
F49Words repealed by Representation of the People Act 1985 (c. 50, SIF 42), ss. 24, 28, Sch. 4 para. 71(b), Sch. 5
Modifications etc. (not altering text)
C16S. 203 applied (23.7.2004) by The Regional Assembly and Local Government Referendums Order 2004 (S.I. 2004/1962), art. 6(2), Sch. 2 Pt. 2
C17S. 203 applied (with modifications) (27.3.2007) by The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (S.I. 2007/1024), Sch. 2 Table 1 (as amended (6.4.2014) by S.I. 2014/370, art. 6(3))
C18S. 203(1) applied (with modifications) (31.7.1997) by Referendums (Scotland and Wales) Act 1997 (c. 61), s. 3, Sch. 3 para. 13 Table 1
S. 203(1) applied (with modifications) (E.) (2.4.2001) by The Local Authorities (Conduct of Referendums) (England) Regulations 2001 (S.I. 2001/1298), reg. 8(1), Sch. 3 Table 2, (with reg. 10(4))
S. 203(1) applied (with modifications) (W.) (24.3.2004) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 (S.I. 2004/870), reg. 8, {Sch. 3 Table 2}
Marginal Citations
(1)In this Act “qualifying EU citizen” means a person who—
(a)is a citizen of a country for the time being listed in Schedule 6A, and
(b)either—
(i)does not require leave under the Immigration Act 1971 to enter or remain in the United Kingdom or any of the Islands, or
(ii)does require such leave but for the time being has (or is, by virtue of any enactment, to be treated as having) any description of such leave.
(2)The Secretary of State must by regulations add a country to the list in Schedule 6A where—
(a)the country is a qualifying country,
(b)the United Kingdom and the country intend to become parties to a relevant treaty, and
(c)section 20 of the Constitutional Reform and Governance Act 2010 (treaties to be laid before Parliament before ratification) applies in relation to the relevant treaty and the requirements of that section have been met such that the relevant treaty may be ratified.
(3)The Secretary of State may by regulations remove a country from the list in Schedule 6A where the country ceases to be a party to a relevant treaty to which the United Kingdom is also a party.
(4)The Secretary of State must, as soon as reasonably practicable after regulations are made under subsection (2) or (3), give notice of that fact to—
(a)registration officers in England,
(b)registration officers for elections of police and crime commissioners for police areas in Wales,
(c)the Chief Electoral Officer for Northern Ireland, and
(d)the Electoral Commission.
(5)In this section—
“the Islands” means the Channel Islands and the Isle of Man;
“qualifying country” means a country—
that was a member State immediately before IP completion day, other than the Republic of Ireland,
that was part of a member State immediately before IP completion day, other than the Republic of Ireland, or
that is formed entirely of two or more former countries, both or all of which were member States immediately before IP completion day, other than the Republic of Ireland;
“ratification”, in relation to a treaty, is to be construed in accordance with section 25(3) of the Constitutional Reform and Governance Act 2010;
“relevant treaty” means a treaty containing provision relating to eligibility to vote and to stand as a candidate at elections;
“treaty” has the same meaning as in Part 2 of the Constitutional Reform and Governance Act 2010 (see section 25 of that Act).]
Textual Amendments
F50Ss. 203A, 203B inserted (E.W.N.I.) (1.11.2023 for specified purposes) by Elections Act 2022 (c. 37), s. 67(4)(b), Sch. 8 para. 1(11); S.I. 2023/1145, reg. 3(i)
(1)In this Act “EU citizen with retained rights” means a person who—
(a)is a citizen of a country falling within subsection (8),
(b)was a citizen of the Union immediately before IP completion day,
(c)was resident in the United Kingdom or any of the Islands immediately before that day,
(d)falls within any of subsections (2) to (4), and
(e)is not a qualifying EU citizen.
(2)A person falls within this subsection if the person—
(a)has UK or Islands leave granted by virtue of residence scheme immigration rules, and
(b)has such leave otherwise than in accordance with provision in residence scheme immigration rules for joining family members.
(3)A person falls within this subsection if—
(a)the person has UK or Islands leave but does not fall within subsection (2), and
(b)the requirements of subsection (5) are met in relation to the person.
(4)A person falls within this subsection if—
(a)the person does not require UK or Islands leave,
(b)the person is resident in the United Kingdom or any of the Islands, and
(c)the requirements of subsection (5) are met in relation to the person.
(5)The requirements referred to in subsections (3)(b) and (4)(c) are that—
(a)at all times since the relevant date, the person has either had UK or Islands leave or not required UK or Islands leave, and
(b)the person was resident in the United Kingdom or any of the Islands at all times after the relevant date when the person did not require UK or Islands leave.
(6)In determining whether the requirement in subsection (5)(a) is met in relation to a person, any period to which subsection (7) applies is to be disregarded if the person was resident in the United Kingdom or any of the Islands during the period.
(7)This subsection applies to any period after the relevant date during which the person required UK or Islands leave but did not have it, if at the end of the period the person was granted UK or Islands leave—
(a)in pursuance of an application made before the end of the relevant date, or
(b)in pursuance of an application made after the relevant date, where the leave was granted—
(i)by virtue of residence scheme immigration rules, and
(ii)otherwise than in accordance with provision in such rules for joining family members.
(8)A country falls within this subsection where the country—
(a)was a member State immediately before IP completion day, other than the Republic of Ireland,
(b)was part of a member State immediately before IP completion day, other than the Republic of Ireland, or
(c)is formed of two or more former countries, at least one of which was a member State immediately before IP completion day, other than the Republic of Ireland.
(9)In this section a reference to a person having UK or Islands leave includes a reference to a person who is, by virtue of any enactment, to be treated as having such leave.
(10)In this section—
“the 1971 Act” means the Immigration Act 1971;
“the Islands” means the Channel Islands and the Isle of Man;
“the relevant date” means 30 June 2021;
“immigration rules” has the same meaning as in the 1971 Act;
“residence scheme immigration rules” means—
residence scheme immigration rules within the meaning of Part 3 of the European Union (Withdrawal Agreement) Act 2020 (see section 17(1) of that Act),
Appendix EU to the Guernsey immigration rules,
Appendix EU to the Isle of Man immigration rules, or
Appendix EU(J) to the Jersey immigration rules;
“UK or Islands leave” means leave under the 1971 Act to enter or remain in the United Kingdom or any of the Islands.
(11)In this section—
“Guernsey immigration rules” means the rules made in respect of the Bailiwick of Guernsey under sections 1(4) and 3(2) of the 1971 Act as extended to that Bailiwick;
“Isle of Man immigration rules” means the rules made in respect of the Isle of Man under section 3(2) of the 1971 Act as extended to the Isle of Man;
“Jersey immigration rules” means the rules contained in the directions made in respect of the Bailiwick of Jersey under sections 1(4A) and 3(2) of the 1971 Act as extended to that Bailiwick.
(12)References in this section to provision in residence scheme immigration rules for joining family members are references to—
(a)paragraph EU11A or EU14A of Appendix EU to the immigration rules or provision replacing either of those paragraphs, or
(b)provision corresponding to provision within paragraph (a) in the Guernsey immigration rules, the Isle of Man immigration rules or the Jersey immigration rules.]
Textual Amendments
F50Ss. 203A, 203B inserted (E.W.N.I.) (1.11.2023 for specified purposes) by Elections Act 2022 (c. 37), s. 67(4)(b), Sch. 8 para. 1(11); S.I. 2023/1145, reg. 3(i)