Representation of the People Act 1985

[F1 1C Overseas elector’s declaration U.K.

(1) An overseas elector’s declaration must—

(a) give the full name of the person making the declaration (“the declarant”),

(b) state the date of the declaration,

(c) state that the declarant is a British citizen,

(d) state that the declarant is not resident in the United Kingdom on the date of the declaration,

(e) state whether the declarant is seeking to be registered in reliance on the previous registration condition or the previous residence condition,

(f) contain any other prescribed information and satisfy any other prescribed requirements (which may include requirements for the declaration to be attested), and

(g) state that the declarant believes the matters stated in the declaration to be true.

(2) Where the declarant is seeking to be registered in reliance on the previous registration condition, the declaration must also—

(a) specify—

(i) the address in the United Kingdom in respect of which the declarant was included in an electoral register, and

(ii) when the declarant was last included in such a register in respect of that address, and

(b) state that since the declarant’s entry in that register in respect of that address ceased to have effect, the declarant has not been included in any electoral register (whether in respect of that or any other address).

(3) Where the declarant is seeking to be registered in reliance on the previous residence condition by virtue of section 1A(3)(b)(i), the declaration must also—

(a) specify—

(i) the address in the United Kingdom at which the declarant was resident, and

(ii) when the declarant was last resident at that address, and

(b) state that since being resident at that address, the declarant has not been resident at any other address in the United Kingdom.

(4) Where the declarant is seeking to be registered in reliance on the previous residence condition by virtue of section 1A(3)(b)(ii), the declaration must also specify an address in respect of which the declarant could have made a declaration of local connection on the last day on which the declarant was resident in the United Kingdom.

(5) An overseas elector’s declaration that specifies an address in Northern Ireland under subsection (2)(a), (3)(a) or (4) may, instead of or in addition to including a statement under subsection (1)(c), state that the declarant is an Irish citizen who—

(a) was born in Northern Ireland, and

(b) qualifies as a British citizen (whether or not the declarant identifies as such).

(6) If the declarant—

(a) makes an overseas elector’s declaration that specifies more than one address under subsection (2)(a), (3)(a) or (4), or

(b) makes two or more overseas elector’s declarations that bear the same date and specify different addresses in the United Kingdom under subsection (2)(a), (3)(a) or (4),

the declaration or declarations are void.

(7) The declarant may at any time cancel an overseas elector’s declaration made by the declarant.

(8) In this section—

• “electoral register” has the same meaning as in section 1A;

• “registered” means registered in a register of parliamentary electors.

(9) A person found abandoned in Northern Ireland as a new-born infant is, unless the contrary is shown, deemed for the purposes of subsection (5) to have been born in Northern Ireland.]

Textual Amendments

F1 Ss. 1-1E substituted for ss. 1, 2 (6.2.2023 for specified purposes) by Elections Act 2022 (c. 37), ss. 14(1), 67(1); S.I. 2023/115, reg. 2(b)(i)