Representation of the People Act 1985

Extension of franchise to British citizens overseas U.K.

1 Extension of parliamentary franchise. U.K.

(1) Subject to section 1(3) of the principal Act, a person is entitled (notwithstanding anything in section 1(2) of that Act) to vote as an elector at a parliamentary election in any constituency if—

(a) he qualifies as an overseas elector in respect of that constituency on the qualifying date, and

(b) on that date and on the date of the poll he is not subject to any legal incapacity to vote and is a British citizen.

(2) For the purposes of this and the principal Act, a person qualifies as an overseas elector in respect of a constituency on the qualifying date if—

(a) on that date he is not resident in the United Kingdom, and

(b) he satisfies [F1 one of the following sets of] conditions.

(3) [F2 The first set of conditions is] that—

(a) he was included in a register of parliamentary electors in respect of an address at a place that is situated within the constituency concerned,

(b) on the date by reference to which the register was prepared, he was resident or treated for the purposes of registration as resident at that address,

(c) that date fell within the period of [F3 twenty years] ending immediately before the qualifying date, and

(d) if he was included in any register of parliamentary electors prepared by reference to a date later than the date referred to in paragraph (b) above, he was not resident or treated for the purposes of registration as resident at an address in the United Kingdom on that later date.

[F4 (3A) The second set of conditions is that—

(a) he was last resident in the United Kingdom within the period of twenty years ending immediately before the qualifying date,

(b) he was by reason only of his age incapable of being included in any register of parliamentary electors prepared by reference to the last date within that period by reference to which such registers were prepared on which he was so resident, and

(c) the address at which he was resident on the date referred to in paragraph (b) above was at a place that is situated within the constituency concerned and a parent or guardian of his was included, in respect of that address, in a register of parliamentary electors or a register of local government electors prepared by reference to that date]

(4) The reference in subsection (1) above to a person being subject to a legal incapacity to vote on the qualifying date does not include a reference to his being below the age of 18 on that date [F5 and the reference in subsection (3A) above to a register of local government electors includes a reference to a register of electors prepared for the purposes of local elections (within the meaning of the Electoral Law Act (Northern Ireland) 1962)].

Textual Amendments

F1 Words substituted by Representation of the People Act 1989 (c. 28, SIF 42), s. 3(1)(a)

F2 Words substituted by Representation of the People Act 1989 (c. 28, SIF 42), s. 3(1)(b)

F3 Words substituted by Representation of the People Act 1989 (c. 28, SIF 42), s. 1

F4 S. 1(3A) inserted by Representation of the People Act 1989 (c. 28, SIF 42), s. 2(1)

F5 Words inserted by Representation of the People Act 1989 (c. 28, SIF 42), s. 3(1)(c)

Modifications etc. (not altering text)

C1 S. 1(3)(d) modified (E.W.) by S.I. 1986/1081, regs. 2, 27(2)(3)

C2 S. 1(3)(d) modified (N.I.) by S.I. 1986/1091, regs. 2, 27(2)(3)

C3 S. 1(3)(d) modified (S.) by S.I. 1986/1111, regs. 2, 26(2)(3)

2 Registration of British citizens overseas. U.K.

(1) A person may not be registered in any register as mentioned in section 12(1) of the principal Act on the ground that he may be entitled by virtue of section 1 of this Act to vote at parliamentary elections for which the register is to be used except—

(a) in pursuance of a declaration made by him under and in accordance with this section (an “overseas elector’s declaration”), and

(b) in the register for the constituency or part of the constituency within which is situated the place in the United Kingdom specified in the declaration in accordance with subsection (4) below as having been the address in respect of which he was registered [F6 or, as the case may be, at which he was resident];

and may not be so registered on that ground unless the registration officer concerned is satisfied that, on the qualifying date, he qualifies as an overseas elector in respect of the constituency for which that register is prepared.

(2) An overseas elector’s declaration must be made with a view to registration in the register of electors for a particular year [F7 (being a year during the whole or any part of which he may be entitled to vote)] and with reference to the qualifying date for that register and must be made within the twelve months ending with that date.

(3) An overseas elector’s declaration must state—

(a) the date of the declaration,

(b) that the declarant is a British citizen,

(c) that the declarant will not be resident in the United Kingdom on the qualifying date, [F8 and]

(d) when he ceased to be so resident or, in the case of a person relying on registration in pursuance of a service declaration, when he ceased to have a service qualification or, if later, ceased to be so resident, . . . F9

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

and must contain such other information and satisfy such other requirements (which may include requirements for declarations to be attested and for the charging of fees in respect of their attestation) as may be prescribed.

(4) An overseas elector’s declaration must

[F11 (a) show which set of conditions in section 1 of this Act the declarant claims to satisfy,

(b) in the case of the first set of conditions, specify the address in respect of which he was registered, and

(c) in the case of the second set of conditions, specify—

(i) the date of the declarant’s birth,

(ii) the address in the United Kingdom at which he was resident, and

(iii) the name of the parent or guardian on whose registration in respect of that address he relies, and whether the person named was a parent or guardian,

and may not, in the case of either set of conditions, specify more than one such address]; and if the declarant makes more than one such declaration bearing the same date and specifying different addresses in the United Kingdom as the address in respect of which he was registered [F12 or, as the case may be, at which he was resident] the declarations shall be void.

(5) An overseas elector’s declaration may be cancelled at any time by the declarant and such a declaration bearing a later date shall, without any express cancellation, cancel an overseas elector’s declaration bearing an earlier date which was made with reference to the same qualifying date.

(6) For the purposes of section 1 of this Act and Part I of the principal Act, where a person is registered in a register of parliamentary electors for any constituency or part of a constituency in pursuance of an overseas elector’s declaration, it shall be conclusively presumed—

(a) that the address specified in the declaration in accordance with subsection (4) above is at a place that is situated within that constituency or, as the case may be, part, and

(b) that he was not resident in the United Kingdom on the qualifying date;

and for the purposes of section 1 of this Act, section 49(1)(a) of the principal Act (register conclusive as to residence) does not apply in relation to a person’s previous registration in a register of parliamentary electors unless he is registered in pursuance of an overseas elector’s declaration by virtue of that previous registration.

Textual Amendments

F6 Words inserted by Representation of the People Act 1989 (c. 28, SIF 42), s. 3(2)(a)

F7 Words inserted by Representation of the People Act 1989 (c. 28, SIF 42), s. 3(2)(b)

F8 Word inserted by Representation of the People Act 1989 (c. 28, SIF 42), s. 4

F9 Word repealed by Representation of the People Act 1989 (c. 28, SIF 42), s. 4

F10 S. 2(3)(e) repealed by Representation of the People Act 1989 (c. 28, SIF 42), s. 4

F11 Words substituted by Representation of the People Act 1989 (c. 28, SIF 42), s. 3(2)(c)(i)

F12 Words inserted by Representation of the People Act 1989 (c. 28, SIF 42), s. 3(2)(c)(ii)

Modifications etc. (not altering text)

C4 S. 2 applied with modifications (S.) by S.I. 1986/1111, regs. 2, 13(3)(4)(5), Sch. 3 Pt. II

C5 S. 2 applied with modifications (N.I.) by S.I. 1986/1091, regs. 2, 14(3)(4)(5), Sch. 3 Pt. II

C6 S. 2 applied with modifications (E.W.) by S.I. 1986/1081, regs. 2, 14(3)(4)(5), Sch. 3 Pt. II

3 Extension of franchise for [F13 European Parliamentary] elections. U.K.

(1) The reference in paragraph 2(1)(a) of Schedule 1 to the M1 [F13 European Parliamentary] Elections Act 1978 to persons registered in the register of parliamentary electors at an address within an [F13 European Parliamentary] constituency (only persons registered there entitled to vote at [F13 European Parliamentary] elections in the constituency) includes a reference to any person so registered in pursuance of an overseas elector’s declaration where the address specified in the declaration in accordance with section 2(4) of this Act is at a place that is situated within the constituency.

(2) A peer is entitled by virtue of this section to vote as elector at an [F13 European Parliamentary] election in any constituency if—

(a) he qualifies under this section in respect of that constituency on the qualifying date,

(b) on that date and on the day appointed for the election he is not subject to any legal incapacity to vote and is a British citizen, and

(c) he is registered in the constituency in the register under this section to be used at the election.

(3) For the purposes of subsection (2) above, a peer qualifies under this section in respect of a constituency on the qualifying date if—

(a) on that date he is not resident in the United Kingdom, and

(b) he satisfies [F14 one of the following sets of] conditions.

(4) [F15 The first set of conditions is] that—

(a) he was included in a register of local government electors in respect of an address at a place that is situated within the constituency concerned,

(b) on the date by reference to which the register was prepared, he was resident or treated for the purposes of registration as resident at that address,

(c) that date fell within the period of [F16 twenty years] ending immediately before the qualifying date, and

(d) if he was included in any register of local government electors prepared by reference to a date later than the date referred to in paragraph (b) above, he was not resident or treated for the purposes of registration as resident at an address in the United Kingdom on that later date.

[F17 (4A) The second set of conditions is that—

(a) he was last resident in the United Kingdom within the period of twenty years ending immediately before the qualifying date,

(b) he was by reason only of his age incapable of being included in any register of local government electors prepared by reference to the last date within that period by reference to which such registers were prepared on which he was so resident, and

(c) the address at which he was resident on the date referred to in paragraph (b) above was at a place that is situated within the constituency concerned and a parent or guardian of his was included, in respect of that address, in a register of parliamentary electors or a register of local government electors prepared by reference to that date]

(5) Regulations under this section may provide for the registration, subject to prescribed exceptions and on satisfying prescribed conditions, of those peers who (apart from the requirement of registration) may be entitled by virtue of this section to vote as electors at [F13 European Parliamentary] elections.

(6) Such regulations shall require each registration officer to prepare and publish, in respect of any year for which any peers are to be registered under this section, a register of the peers so registered, and any such register shall so far as practicable be combined with the registers of parliamentary electors and of local government electors, the names of peers registered under this section being marked to indicate that fact.

(7) Such regulations—

(a) may require a person seeking registration under this section to make a declaration for the purpose, being a declaration of the prescribed facts and containing the prescribed information, and may require such declarations to be attested and provide for the charging of fees in respect of their attestation, and

(b) may apply with such modifications or exceptions as may be prescribed any provision in respect of the registration of parliamentary or local government electors made by or under the principal Act or this Act . . . F18 .

(8) In this section—

• “legal incapacity” has the same meaning—

(a) in relation to Great Britain as it has in the principal Act for the purposes of local government elections, and

(b) in relation to Northern Ireland as it has in the Electoral Law Act (Northern Ireland) 1962 for the purposes of local elections,

but the reference in subsection (2)(b) above to a person being subject to a legal incapacity to vote on the qualifying date does not include a reference to his being below the age of 18 on that date,

• “local election” has the same meaning as in the Electoral Law Act (Northern Ireland) 1962, and

• “qualifying date” means, in relation to an [F13 European Parliamentary] election in Great Britain, the date which would be the qualifying date if that election were a local government election and, in relation to an [F13 European Parliamentary] election in Northern Ireland, the date which would be the qualifying date if that election were a local election,

and references to the register of local government electors include a reference to the register of electors prepared [F19 for the purposes of local elections].

(9) For the purposes of this section, section 49(2)(a) of the principal Act (registers conclusive as to residence) does not apply in relation to a person’s previous registration in a register of local government electors unless he is registered under this section by virtue of that previous registration.

Textual Amendments

F13 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)

F14 Words substituted by Representation of the People Act 1989 (c. 28, SIF 42), s. 3(3)(a)

F15 Words substituted by Representation of the People Act 1989 (c. 28, SIF 42), s. 3(3)(b)

F16 Words substituted by Representation of the People Act 1989 (c. 28, SIF 42), s. 1

F17 S. 3(4A) inserted by Representation of the People Act 1989 (c. 28, SIF 42), s. 2(2)

F18 Words repealed by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 11(8)(a), 13(6)

F19 Words substituted by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 11(8)(b), 13(6)

Modifications etc. (not altering text)

C7 S. 3(4)(d) modified (E.W.) by S.I. 1986/1081, regs. 2, 27(2)(3)(a)

C8 S. 3(4)(d) modified (N.I.) by S.I. 1986/1091, regs. 2, 27(2)(3)(a)

Marginal Citations

M1 1978 c. 10.

4 Extension of franchise: consequential amendments. U.K.

(1) In section 9(2) of the principal Act (combined register to indicate those registered only as local government electors) after the words “only as” there shall be inserted the words “parliamentary electors or”.

(2) In section 10 of that Act (preparation of registers)—

(a) in paragraph (a) (inquiry as to persons entitled to be registered except in pursuance of service declaration) after the word “declaration” there shall be inserted the words “patient’s declaration or overseas elector’s declaration”; and

(b) in paragraph (b) (preparation of lists of those entitled to be registered together with their qualifying addresses) for the words “together with” there shall be substituted the words “and, subject to any prescribed exceptions”.

(3) In section 12(1) of that Act (right to be registered, subject to exceptions) in paragraph (a) after the word “qualification” there shall be inserted—

“(aa) section 2(1) of the Representation of the People Act 1985”.

(4) In section 49 of that Act (effect of registers) in subsection (5) in paragraph (a) and paragraph (i) after the word “Ireland” there shall be inserted the words “or, in the case of a person registered as a parliamentary elector in pursuance of an overseas elector’s declaration, a British citizen”.

(5) In section 202 of that Act (interpretation) before the definition of “parliamentary election petition” there shall be inserted the following definition—

““overseas elector’s declaration” has the meaning given by section 2 of the Representation of the People Act 1985”.

(6) In Schedule 1 to that Act in rule 28 (issue of poll cards) at the end of paragraph (1) there shall be inserted the words “and a card shall not be sent to any person registered, or to be registered, in pursuance of an overseas elector’s declaration”.

(7) In Schedule 2 to that Act (regulations as to registration)—

(a) at the end of paragraph 4 there shall be inserted—

“(2) Provisions as to the manner in which overseas electors’ declarations, and applications from persons making such declarations, are to be transmitted to the registration officer.”; and

(b) after paragraph 5(1) there shall be inserted—

“(1A) Provisions as to the evidence which shall or may be required, or be deemed sufficient or conclusive evidence, of a person satisfying any of the requirements for qualifying as an overseas elector in respect of any constituency.”