Representation of the People Act 1985

[F1 3 Extension of franchise for European Parliamentary elections. U.K.

(1) A peer is entitled by virtue of this section to vote as an elector at a European Parliamentary election in any electoral region if—

(a) he qualifies under this section in respect of that region on the date on which he makes a declaration under and in accordance with regulations under this section (“the relevant date”),

(b) on that date and on the day appointed for the election—

(i) he is not subject to any legal incapacity to vote, and

(ii) he is a British citizen, and

(c) on the day so appointed he is registered in the electoral region in a register under this section.

(2) For the purposes of subsection (1) above, a peer qualifies under this section in respect of an electoral region on the relevant date if—

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

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

(3) 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 electoral region concerned,

(b) that entry in the register was made on the basis that he was resident, or to be treated for the purposes of registration as resident, at that address,

(c) that entry in the register was in force at any time falling within the period of [F2 15 years] ending immediately before the relevant date, and

(d) subsequent to that entry ceasing to have effect no entry was made in any register of local government electors on the basis that he was resident, or to be treated for the purposes of registration as resident, at any other address.

(4) The second set of conditions is that—

(a) he was last resident in the United Kingdom within the period of [F2 15 years] ending immediately before the relevant date,

(b) he was by reason only of his age incapable of being included in any register of local government electors in force on the last day on which he was resident in the United Kingdom, and

(c) the address at which he was resident on that day was at a place that is situated within the electoral region 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 in force on that day.

F3 [F4 (4A) For the purposes of subsections (3)(a) and (4)(c) above, a person who has an anonymous entry in a register of parliamentary electors or local government electors is not to be regarded as being included in that register.]

F4 (5) Regulations may—

(a) provide for 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;

(b) require such declarations to be attested and provide for the charging of fees in respect of their attestation;

(c) make provision for and in connection with the cancellation of such declarations.

(6) Regulations may also—

(a) provide for the registration, subject to prescribed exceptions and on satisfying prescribed conditions, of those peers who (apart from the requirements of registration) may be entitled by virtue of this section to vote as electors at European Parliamentary elections;

(b) 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.

(7) Regulations under this section 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 F5 [F6 entries] of peers registered under this section being marked to indicate that fact.

(8) In this section—

(a) “legal incapacity” has the same meaning—

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

(ii) in relation to Northern Ireland as it has in the M1 Electoral Law Act (Northern Ireland) 1962 for the purposes of local elections,

but the reference in subsection (1)(b) above to a person being subject to a legal incapacity to vote on the relevant date does not include a reference to his being below the age of 18 on that date,

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

(c) references to the register of local government elections include a reference to a register of electors prepared—

(i) for the purposes of local elections, or

(ii) for the purposes of municipal elections in the City of London (that is, elections to the office of mayor, alderman, common councilman or sheriff and also elections of officers elected by the mayor, aldermen and liverymen in common hall).]

Extent Information

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

Textual Amendments

F1 S. 3 substituted (16.2.2001) by 2000 c. 2, s. 8, Sch. 2 para. 4; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F2 Words in s. 3(3)(4) substituted (1.4.2002) by 2000 c. 41, s. 141(b) (with s. 156(6)); S.I. 2001/3526, art. 4

F3 S. 3(4A): insertion of s. 3(4A) by Electoral Administration Act 2006 (c. 22), ss. 10, 11, 18, 20, 47, 61, 74, 77, Sch. 1 para. 17(2) extended to N.I. (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 2(2)

F4 S. 3(4A) inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10, 11, 18, 20, 47, 61, 74, 77, Sch. 1 para. 17(2); S.I. 2006/3412, art. 3, Sch. 1 para. 12(a) (subject to art. 6 and with Sch. 2)

F5 S. 3(7): substitution of word in s. 3(7) by Electoral Administration Act 2006 (c. 22), ss. 10, 11, 18, 20, 47, 61, 74, 77, Sch. 1 para. 17(3) extended to N.I. (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 2(2)

F6 Word in s. 3(7) substituted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10, 11, 18, 20, 47, 61, 74, 77, Sch. 1 para. 17(3); S.I. 2006/3412, art. 3, Sch. 1 para. 12(a) (subject to art. 6 and with Sch. 2)

Marginal Citations

M1 1962 c.14 (N.I.).