Representation of the People Act 1983

17 Effect of service declaration. E+W+N.I.

[F1 (1) Where a person’s service declaration is in force when he applies for registration, he shall be regarded for the purposes of section 4 above as—

(a) resident on the date of the declaration at the address specified in it in accordance with section 16(d) above;

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

(c) until the contrary is proved, as being a Commonwealth citizen or a citizen of the Republic of Ireland or [F3 —

(i) if the declaration is made for the purposes only of the registration of local government electors in England, a qualifying EU citizen or an EU citizen with retained rights, or

(ii) if the declaration is made for the purposes only of the registration of local government electors in Wales, a relevant citizen of the Union or a qualifying foreign citizen,

of the age appearing from the declaration and as not being subject to any legal incapacity except as so appearing.]

(2) Where a service declaration appearing to be properly made out and (where required) attested is transmitted to the registration officer in the proper manner, the declarant shall, until the contrary is proved, be treated for the purposes of registration as having had from the date of the declaration or such later date, if any, as appears from it, and as continuing to have, a service qualification.

[F4 (3) In relation to the registration of local government electors in Wales, subsection (2) is subject to section 15(3A).]]

Extent Information

E1 This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F1 S. 17(1) substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 8(a), Sch. 1 para. 10; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F2 S. 17(1)(b) repealed (1.10.2014) by Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 14(1)(a)(viii), 28; S.I. 2014/2613, art. 2(2)(a)

F3 Words in s. 17(1)(c) substituted (E.W.N.I.) (7.5.2024) by Elections Act 2022 (c. 37), s. 67(4)(b), Sch. 8 para. 1(7); S.I. 2023/1145, reg. 5(b) (with Sch. para. 1(3))

F4 S. 17(3) inserted (E.W.) (1.6.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 20(5)(b), 42(3)(a)

Modifications etc. (not altering text)

C10 Ss. 12–17 extended (N.I) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I

C11 Ss. 15-17 applied (with modifications) (17.2.1994) by S.I. 1994/342, regs. 1(2)(3), 2(2), 13(3)

C12 S. 17(1)(c) modified (7.5.2024) by 1989 c. 3, Sch. 1 Pt. 2 para. 11B (as inserted by Elections Act 2022 (c. 37), s. 67(1), Sch. 8 para. 9(5)(c); S.I. 2023/1145, reg. 5(b) (with Sch. para. 1(3)))

[F1 17 Effect of service declaration. S

[F5 (1) Where a person’s service declaration is in force when he applies for registration, he shall be regarded for the purposes of section 4 above as—

(a) resident on the date of the declaration at the address specified in it in accordance with section 16(d) above;

F6 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

(c) until the contrary is proved, as being a Commonwealth citizen or a citizen of the Republic of Ireland or [F7 (in relation to a declaration made other than for the purposes of the registration of local government electors in Scotland)] a relevant citizen of the Union [F8 or (in relation to a declaration made for the purposes of the registration of local government electors in Scotland) a qualifying foreign national] of the age appearing from the declaration and as not being subject to any legal incapacity except as so appearing.]

(2) Where a service declaration appearing to be properly made out and (where required) attested is transmitted to the registration officer in the proper manner, the declarant shall, until the contrary is proved, be treated for the purposes of registration as having had from the date of the declaration or such later date, if any, as appears from it, and as continuing to have, a service qualification.

[F9 (3) In relation to the registration of local government electors in Scotland, subsection (2) is subject to section 15(3A).]]

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

F1 S. 17(1) substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 8(a), Sch. 1 para. 10; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F5 S. 17(1) substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 8(a), Sch. 1 para. 10; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F6 S. 17(1)(b) repealed (1.10.2014) by Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 14(1)(a)(viii), 28; S.I. 2014/2613, art. 2(2)(a)

F7 Words in s. 17(1)(c) inserted (S.) (3.8.2020) by Scottish Elections (Franchise and Representation) Act 2020 (asp 6), ss. 1(7)(a), 12(2); S.S.I. 2020/162, reg. 2

F8 Words in s. 17(1)(c) inserted (S.) (3.8.2020) by Scottish Elections (Franchise and Representation) Act 2020 (asp 6), ss. 1(7)(b), 12(2); S.S.I. 2020/162, reg. 2

F9 S. 17(3) inserted (S.) (25.7.2015) by Scottish Elections (Reduction of Voting Age) Act 2015 (asp 7), ss. 9(5), 21

Modifications etc. (not altering text)

C13 Ss. 15-17 applied (with modifications) (17.2.1994) by S.I. 1994/342, regs. 1(2)(3), 2(2), 13(3)

C14 S. 17 applied (with modifications) (S.) (8.8.2013) by Scottish Independence Referendum (Franchise) Act 2013 (asp 13), ss. 6, 13(1), sch. 1 Pts. 1, 2 (with s. 13(2))

C15 S. 17(1)(c) modified (7.5.2024) by 1989 c. 3, Sch. 1 Pt. 2 para. 11B (as inserted by Elections Act 2022 (c. 37), s. 67(1), Sch. 8 para. 9(5)(c); S.I. 2023/1145, reg. 5(b) (with Sch. para. 1(3)))