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Representation of the People Act 1983, Section 17 is up to date with all changes known to be in force on or before 22 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
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[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
E1This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only
Textual Amendments
F1S. 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))
F2S. 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)
F3Words 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))
F4S. 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)
C10Ss. 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
C11Ss. 15-17 applied (with modifications) (17.2.1994) by S.I. 1994/342, regs. 1(2)(3), 2(2), 13(3)
C12S. 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)))
[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 [F8or (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
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only
Textual Amendments
F1S. 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))
F5S. 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))
F6S. 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)
F7Words 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
F8Words 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
F9S. 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)
C13Ss. 15-17 applied (with modifications) (17.2.1994) by S.I. 1994/342, regs. 1(2)(3), 2(2), 13(3)
C14S. 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))
C15S. 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)))
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