The European Parliamentary Elections Regulations 2004

Effect of registers E+W+S

17.—(1) Any entry in the register of electors, if it gives a date as that on which the person named will attain voting age, shall for any purpose of this Part relating to him as elector be conclusive that until the date given in the entry he is not of voting age nor entitled to be treated as an elector except for the purposes of an election at which the day fixed for the poll is that or a later date.

[F1 (1A) Paragraph (1) applies to an entry in the record of anonymous entries as it applies to an entry in the register of electors.]

(2) A person whose registration as an elector or entry in the list of proxies entitles him to vote shall not be excluded from voting on any of the following grounds: but this shall not prevent the rejection of the vote on a scrutiny, or affect his liability to any penalty for voting.

The grounds are—

(a) that he is not of voting age;

(b) that he is not, or, on the relevant date or the date of his appointment (as the case may be), was not—

(i) a Commonwealth citizen;

(ii) a citizen of the Republic of Ireland;

(iii) in the case of a person registered as a European Parliamentary elector in pursuance of an overseas elector’s declaration, a British citizen;

(iv) in the case of a person registered as an elector or entered in the list of proxies by virtue of being a relevant citizen of the Union, a relevant citizen of the Union;

(c) that he is, or, on the relevant date or the date of his appointment (as the case may be), was, otherwise subject to any other legal incapacity to vote.

(3) In paragraph (2) “the relevant date” means—

(a) in relation to a person registered in the register in question as published in accordance with section 13(1) of the 1983 Act M1 , the 15th October immediately preceding the date of publication of the register;

(b) in relation to a person registered in the Gibraltar register, the date on which an application for registration is made or treated as having been made by virtue of paragraph 6 of Schedule 4;

(c) in relation to any other person registered in the register in question, the relevant date for the purposes of section 4 of the 1983 Act M2 .

(4) In the case of Gibraltar electors—

(a) omit paragraph (2)(b)(ii); and

(b) in paragraph (2)(b)(iii) for “British citizen”, substitute “ Commonwealth citizen ”.

Textual Amendments

F1 Reg. 17(1A) inserted (30.1.2009) by The European Parliamentary Elections (Amendment) Regulations 2009 (S.I. 2009/186), regs. 1(2), 12(2)

Marginal Citations

M1 Section 13 was amended by paragraphs 1 and 6 of Schedule 1 to the Representation of the People act 2000 (c. 2).

M2 Section 4 was amended by section 1(2) of the Representation of the People act 2000 (c. 2).