http://www.legislation.gov.uk/id/ukpga/1983/2

Part I Parliamentary and Local Government Franchise and its Exercise

F1 Entitlement to registration

F24 Entitlement to be registered as parliamentary or local government elector.

(1)

A person is entitled to be registered in the register of parliamentary electors for any constituency or part of a constituency if on the relevant date he—

(a)

is resident in the constituency or that part of it;

(b)

is not subject to any legal incapacity to vote (age apart);

(c)

is either a qualifying Commonwealth citizen or a citizen of the Republic of Ireland; and

(d)

is of voting age.

F3(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

A person is entitled to be registered in the register of local government electors for any electoral area if on the relevant date he—

(a)

is resident in that area;

(b)

is not subject to any legal incapacity to vote (age apart);

(c)

is a qualifying Commonwealth citizen, a citizen of the Republic of Ireland or F4—

(i)

except in relation to a local government election in Scotland, a relevant citizen of the Union;

F5(ii)

in relation to a local government election in Scotland, a qualifying foreign national, and

(d)

is of voting age F6or, if resident in an area in Wales, is 16 years of age or over.

F7(3A)

A person is also entitled to be registered in the register of local government electors for any electoral area in Wales if on the relevant date the person—

(a)

is resident in that area,

(b)

is not subject to any legal incapacity to vote (age apart) in an election of members (or of a member) of Senedd Cymru,

(c)

is a qualifying foreign citizen, and

(d)

is 16 years of age or over.

(4)

The preceding provisions have effect—

(a)

subject to—

(i)

any enactment imposing a disqualification for registration as a parliamentary, or (as the case may be) local government, elector; and

(ii)

compliance with any prescribed requirements; and

(b)

(as respects registration as a parliamentary elector) without prejudice to section 2(1) of the Representation of the M1People Act 1985 (registration of British citizens overseas).

(5)

A person otherwise qualified is (despite subsection (1)(d) or (3)(d), as the case may be) entitled to be registered in a register of parliamentary electors or local government electors F8, other than a register of local government electors in Scotland (see subsection (5B)), if he will attain voting age before the end of the period of 12 months beginning with the 1st December next following the relevant date, but—

(a)

his entry in the register shall give the date on which he will attain that age; and

(b)

until the date given in the entry he shall not by virtue of the entry be treated as an elector for any purposes other than those of an election the date of the poll for which is the date so given or any later date.

F9(5A)

If a person entitled to be registered by virtue of subsection (5) above has an anonymous entry in the register, the references in paragraphs (a) and (b) of that subsection to his entry in the register are to be read as references to his entry in the record of anonymous entries prepared in pursuance of paragraph 8A of Schedule 2 below.

F10(5B)

In relation to a register of local government electors for any electoral area in Wales, the reference to “voting age” in subsection (5) is to be interpreted as “16 years of age”

F11(5B)

A person otherwise qualified is (despite subsection (3)(d)) entitled to be registered in a register of local government electors in Scotland if the person is 14 years of age or over, but—

(a)

the person's entry in the register must give the date on which the person will attain voting age, and

(b)

until the date given in the entry the person shall not by virtue of the entry be treated as an elector for any purposes other than those of an election the date of the poll for which is the date so given or any later date.

(5C)

If a person entitled to be registered by virtue of subsection (5B) has an anonymous entry in the register, the references in paragraphs (a) and (b) of that subsection to the person's entry in the register are to be read as references to the person's entry in the record of anonymous entries prepared in pursuance of paragraph 8A of schedule 2.

(6)

In this section—

“qualifying Commonwealth citizen” means a Commonwealth citizen who either—

(a)

is not a person who requires leave under the M2Immigration Act 1971 to enter or remain in the United Kingdom, or

(b)

is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) any description of such leave;

“the relevant date”, in relation to a person, means—

(a)

the date on which an application for registration is made (or, by virtue of section 10A(2) below, is treated as having been made) by him;

(b)

in the case of a person applying for registration in pursuance of a declaration of local connection or a service declaration, the date on which the declaration was made.

F125 Residence: general.

(1)

This section applies where the question whether a person is resident at a particular address on the relevant date for the purposes of section 4 above falls to be determined for the purposes of that section.

(2)

Regard shall be had, in particular, to the purpose and other circumstances, as well as to the fact, of his presence at, or absence from, the address on that date.

For example, where at a particular time a person is staying at any place otherwise than on a permanent basis, he may in all the circumstances be taken to be at that time—

(a)

resident there if he has no home elsewhere, or

(b)

not resident there if he does have a home elsewhere.

(3)

For the purpose of determining whether a person is resident in a dwelling on the relevant date for the purposes of section 4 above, his residence in the dwelling shall not be taken to have been interrupted by reason of his absence in the performance of any duty arising from or incidental to any office, service or employment held or undertaken by him if—

(a)

he intends to resume actual residence within six months of giving up such residence, and will not be prevented from doing so by the performance of that duty; or

(b)

the dwelling serves as a permanent place of residence (whether for himself or for himself and other persons) and he would be in actual residence there but for his absence in the performance of that duty.

(4)

For the purposes of subsection (3) above any temporary period of unemployment shall be disregarded.

(5)

Subsection (3) above shall apply in relation to a person’s absence by reason of his attendance on a course provided by an educational institution as it applies in relation to a person’s absence in the performance of any duty such as is mentioned in that subsection.

(6)

Subject to sections 7 ~~F13and 7A~~F13, 7A and 7B (in so far as it relates to a declaration made for the purposes only of the registration of local government electors in Scotland) below, a person who is detained at any place in legal custody shall not, by reason of his presence there, be treated for the purposes of section 4 above as resident there.

6 Residence: merchant seamen.

At any time when a merchant seaman is not resident in the United Kingdom and would have been resident there but for the nature of his occupation, he shall be entitled to be treated for the purposes of F14section 4 aboveas resident—

(a)

at any place at which he would have been resident but for the nature of his occupation; or

(b)

at any hostel or club providing accommodation for merchant seamen at which he commonly stays in the course of his occupation.

For this purpose “merchant seaman” means any person not having a service qualification whose employment or the greater part of it is carried out on board seagoing ships, and includes any such person while temporarily without employment.

F157 Residence: patients in mental hospitals who are not detained offenders or on remand.

(1)

This section applies to a person who—

(a)

is a patient in a mental hospital (whether or not he is liable to be detained there), but

(b)

is not a person to whom section 3A above or section 7A below applies.

(2)

A person to whom this section applies shall (subject to subsection (5) below) be regarded for the purposes of section 4 above as resident at the mental hospital in question if the length of the period which he is likely to spend at the hospital is sufficient for him to be regarded as being resident there for the purposes of electoral registration.

(3)

A person registered in a register of electors in pursuance of an application for registration made by virtue of subsection (2) above is entitled to remain so registered until—

(a)

the end of the period of 12 months beginning with the date when the entry in the register first takes effect, or

F16(aa)

the registration officer determines in accordance with regulations that the person was not entitled to be registered, or

F17(ab)

the registration officer determines in accordance with regulations that the person was registered as the result of an application under section 10ZC made by some other person or that the person's entry has been altered as the result of an application under section 10ZD made by some other person, or

(b)

another entry made in respect of him in any register of electors takes effect (whether or not in pursuance of an application made by virtue of subsection (2)),

whichever first occurs.

(4)

Where the entitlement of such a person to remain so registered terminates by virtue of subsection (3) above, the registration officer concerned shall remove that person’s entry from the register, unless he is entitled to remain registered in pursuance of a further application made by virtue of subsection (2).

(5)

Subsection (2) above shall not be taken as precluding the registration of a person to whom this section applies—

(a)

by virtue of his residence at some place other than the mental hospital in which he is a patient, or

(b)

in pursuance of a declaration of local connection.

(6)

In this section “mental hospital” means any establishment (or part of an establishment) maintained wholly or mainly for the reception and treatment of persons suffering from any form of mental disorder; and for this purpose “mental disorder”—

(a)

in relation to England or Wales, has the same meaning as in the M3Mental Health Act 1983,

(b)

in relation to Scotland, has the same meaning as in the F18Mental Health (Care and Treatment) (Scotland) Act 2003 , and

(c)

in relation to Northern Ireland, has the same meaning as in the M4Mental Health (Northern Ireland) Order 1986.

F197A Residence: persons remanded in custody etc.

(1)

This section applies to a person who is detained at any place pursuant to a relevant order or direction and is so detained otherwise than after—

(a)

being convicted of any offence, or

(b)

a finding in criminal proceedings that he did the act or made the omission charged.

(2)

A person to whom this section applies shall (subject to subsection (5) below) be regarded for the purposes of section 4 above as resident at the place at which he is detained if the length of the period which he is likely to spend at that place is sufficient for him to be regarded as being resident there for the purposes of electoral registration.

(3)

A person registered in a register of electors in pursuance of an application for registration made by virtue of subsection (2) above is entitled to remain so registered until—

(a)

the end of the period of 12 months beginning with the date when the entry in the register first takes effect, or

F20(aa)

the registration officer determines in accordance with regulations that the person was not entitled to be registered, or

F21(ab)

(b)

another entry made in respect of him in any register of electors takes effect (whether or not in pursuance of an application made by virtue of subsection (2)),

whichever first occurs.

(4)

(5)

Subsection (2) above shall not be taken as precluding the registration of a person to whom this section applies—

(a)

by virtue of his residence at some place other than the place at which he is detained, or

(b)

in pursuance of a declaration of local connection.

(6)

In this section “a relevant order or direction” means—

(a)

a remand or committal in custody;

(b)

a remand to a hospital under section 35 or 36 of the M5Mental Health Act 1983 or Article 42 or 43 of the M6Mental Health (Northern Ireland) Order 1986;

(c)

a direction for removal to a hospital under section 48 of that Act or Article 54 of that Order;

(d)

F22an assessment order under section 52D or a treatment order under section 52M of the M7Criminal Procedure (Scotland) Act 1995; or

F23(e)

a transfer for treatment direction under section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 made in respect of a person to whom that section applies by virtue of article 13 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005

F247AAResidence: convicted person to whom section 3(1A) applies

(1)

This section applies to a convicted person to whom section 3(1A) applies.

(2)

In determining whether the convicted person is resident in a dwelling on the relevant date for the purpose of section 4(3)(a), the convicted person's residence is not to be taken to have been interrupted by reason of the convicted person's detention in a penal institution if—

(a)

the convicted person—

(i)

intends to resume actual residence when released from the penal institution (other than on temporary release), and

(ii)

will not be prevented from doing so by an order of any court, or

(b)

the dwelling serves as a permanent place of residence (whether for the convicted person alone or with other persons) and the convicted person would be in actual residence there but for the convicted person's detention.

F257B Notional residence: declarations of local connection.

(1)

A declaration under this section (“a declaration of local connection”)—

(a)

may be made only by a person to whom this section applies, but

(b)

may be made by such a person despite the fact that by reason of his age he is not entitled to vote.

(2)

This section applies to any person who on the date when he makes such a declaration is—

(a)

a person to whom section 7 above applies and who would not be entitled to be registered by virtue of residence at any place other than the mental hospital (within the meaning of that section) at which he is a patient, or

(b)

a person to whom section 7A applies and who would not be entitled to be registered by virtue of residence at any place other than the place at which he is detained as mentioned in subsection (1) of that section, or

(c)

a person who does not fall within paragraph (a) or (b) above (and is not otherwise in legal custody) and who is not, for the purposes of section 4 above, resident at any address in the United Kingdom (a “homeless person”).

F26(2A)

In relation to the registration of local government electors in Wales, this section also applies to a person who, on the date on which the person makes a declaration under subsection (1)—

(a)

is under 18 years of age,

(b)

does not fall within any of the paragraphs (a) to (c) of subsection (2), and

(c)

meets any of the requirements specified in subsection (2B).

(2B)

The requirements are that—

(a)

the person is, or has been, a child who is looked after by a local authority, or

(b)

the person is being kept in any secure accommodation specified in regulations made by the Welsh Ministers in circumstances specified in the regulations.

(2C)

The power to make regulations under subsection (2B)(b) is exercisable by statutory instrument and is subject to annulment in pursuance of a resolution of the Senedd.

(2D)

In subsection (2B)—

(a)

the reference to a child who is looked after by a local authority has the same meaning as in the Social Services and Well-being (Wales) Act 2014 (anaw 1) (see section 74);

(b)

“secure accommodation” means accommodation for the purpose of restricting the liberty of persons under the age of 18.

(3)

A declaration of local connection shall state—

(a)

the name of the declarant and either—

(i)

an address to which correspondence for him from either the registration officer concerned or the returning officer can be delivered, or

(ii)

that he is willing to collect such correspondence periodically from the registration officer’s office;

(b)

the date of the declaration;

(c)

that on the date of the declaration the declarant falls into one of the categories of persons to whom this section applies, specifying—

(i)

the category in question, and

(ii)

(in the case of a person falling within subsection (2)(a) or (b) above) the name and address of the mental hospital at which he is a patient or (as the case may be) of the place at which he is detained;

(d)

the required address (as defined by subsection (4) below);

(e)

that on the date of the declaration the declarant is a Commonwealth citizen or a citizen of the Republic of Ireland or (if the declaration is made for the purposes only of local government elections ) a relevant citizen of the Union F27or (if the declaration is made for the purposes only of the registration of local government electors in Wales) a qualifying foreign citizen;

(f)

whether the declarant has on the date of the declaration attained the age of 18 years, and, if he has not, the date of his birth.

(4)

For the purposes of this section “the required address” is—

(a)

in the case of a person falling within subsection (2)(a) or (b) above—

(i)

the address in the United Kingdom where he would be residing if he were not such a patient, or detained, as mentioned in that provision, or

(ii)

if he cannot give such an address, an address in the United Kingdom at which he has resided;

(b)

in the case of a homeless person, the address of, or which is nearest to, a place in the United Kingdom where he commonly spends a substantial part of his time (whether during the day or at night);

F28(c)

in the case of a person falling within subsection (2A), any of the following—

(i)

an address in Wales at which the person has previously been resident, or

(ii)

an address used by a council of a county or county borough in Wales in which the person has previously been resident.

F29(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

Where a declaration of local connection made by a homeless person is delivered to the registration officer concerned during the period—

(a)

beginning with the date when a vacancy occurs—

(i)

in the seat for the parliamentary constituency within which the required address falls, or

(ii)

in the seat for any Scottish Parliament constituency or National Assembly for Wales constituency within which it falls, and

(b)

ending on the final nomination day (within the meaning of section 13B below) for the parliamentary by-election, or (as the case may be) the election under section 9 of the M8Scotland Act 1998 or F30section 10 of the Government of Wales Act 2006, held in respect of that vacancy,

the declaration must state that, during the period of three months ending on the date of the declaration, the declarant has commonly been spending a substantial part of his time (whether during the day or at night) at, or near, the required address.

(7)

No declaration of local connection shall be specially made by a person for the purposes of local government elections, and any such declaration made for the purposes of parliamentary elections shall have effect also for the purposes of local government elections; but—

(a)

a declaration of local connection may be made for the purposes only of local government elections by a person who is as a peer subject to a legal incapacity to vote at parliamentary elections or by a relevant citizen of the Union; and

(b)

where so made, shall be marked to show that it is available for local government elections only, but shall in all other respects be the same as other declarations of local connection.

F31(7A)

Despite anything in subsection (7), in relation to Wales, a relevant declaration made by a person has effect only for the person's registration as a local government elector.

(7B)

In subsection (7A) a “relevant declaration” means—

(a)

a declaration of local connection made by virtue of subsection (2A);

(b)

a declaration of local connection made by a qualifying foreign citizen;

(c)

any other declaration of local connection made by a person who, on the date on which the declaration is made, is—

(i)

under the age of 17, and

(ii)

not entitled to be registered in the register of parliamentary electors.

(7C)

A relevant declaration referred to in subsection (7A) must be marked to show that it is available only for the purposes of registration as a local government elector, but otherwise is to be the same as other declarations of local connection.

(8)

If a person—

(a)

makes a declaration of local connection stating more than one address under subsection (3)(d) above, or

(b)

makes more than one declaration of local connection bearing the same date and stating different addresses under that provision,

the declaration or declarations shall be void.

(9)

A declaration of local connection may be cancelled at any time by the declarant.

(10)

A declaration of local connection shall be of no effect unless it is received by the registration officer concerned within the period of three months beginning with the date of the declaration.

7B Notional residence: declarations of local connection.

(1)

A declaration under this section (“a declaration of local connection”)—

(a)

may be made only by a person to whom this section applies, but

(b)

may be made by such a person despite the fact that by reason of his age he is not entitled to vote.

(2)

This section applies to any person who on the date when he makes such a declaration is—

(a)

(b)

(c)

(2A)

In relation to the registration of local government electors in Scotland, this section also applies to a person who, on the date on which the person makes a declaration under subsection (1)—

(a)

is under the age of 16,

(b)

does not fall within any of paragraphs (a) to (c) of subsection (2), and

(c)

meets either of the requirements specified in subsection (2B).

(2B)

The requirements are that—

(a)

the person is, or has been, a child looked after by a local authority, or

(b)

the person is being kept in secure accommodation.

(2C)

For the purposes of subsection (2B)—

(a)

the reference to a child looked after by a local authority is to be construed in accordance with section 17(6) of the Children (Scotland) Act 1995 (duty of local authorities in relation to looked after children), and

(b)

“secure accommodation” means accommodation provided, for the purpose of restricting the liberty of children, in an establishment in Scotland (whether managed by a local authority, a voluntary organisation or any other person) that—

(i)

provides residential accommodation for children for the purposes of the Children's Hearings (Scotland) Act 2011, the Children (Scotland) Act 1995 or the Social Work (Scotland) Act 1968, and

(ii)

is approved in accordance with regulations made under section 78(2) of the Public Services Reform (Scotland) Act 2010 (regulations in relation to care services).

(2D)

In relation to the registration of local government electors in Scotland, this section also applies to a person who, on the date on which the person makes a declaration under subsection (1)—

(a)

is a convicted person to whom section 3(1A) applies, and

(b)

would not be entitled to be registered by virtue of residence at any place other than the penal institution in which the convicted person is detained.

(3)

A declaration of local connection shall state—

(a)

the name of the declarant and either—

(i)

an address to which correspondence for him from either the registration officer concerned or the returning officer can be delivered, or

(ii)

that he is willing to collect such correspondence periodically from the registration officer’s office;

(b)

the date of the declaration;

(c)

that on the date of the declaration the declarant falls into one of the categories of persons to whom this section applies, specifying—

(i)

the category in question, and

(ii)

(d)

the required address (as defined by subsection (4) below);

(e)

that on the date of the declaration the declarant is a Commonwealth citizen or a citizen of the Republic of Ireland or (if the declaration is made for the purposes only of local government elections other than in Scotland) a relevant citizen of the Union or (if the declaration is made for the purposes only of the registration of local government electors in Scotland) a qualifying foreign national;

(f)

whether the declarant has on the date of the declaration attained the age of 18 years, and, if he has not, the date of his birth.

(4)

For the purposes of this section “the required address” is—

(a)

in the case of a person falling within subsection (2)(a) or (b) above—

(i)

the address in the United Kingdom where he would be residing if he were not such a patient, or detained, as mentioned in that provision, or

(ii)

if he cannot give such an address, an address in the United Kingdom at which he has resided;

(b)

in the case of a homeless person, the address of, or which is nearest to, a place in the United Kingdom where he commonly spends a substantial part of his time (whether during the day or at night);

(c)

in the case of a person falling within subsection (2A), any address in Scotland at which the person has previously been resident.

(d)

in the case of a convicted person falling within subsection (2D)—

(i)

the address in Scotland where the convicted person would be residing but for the person's detention,

(ii)

if the convicted person cannot give an address under sub-paragraph (i), the address in Scotland at which the person was resident immediately before the person's detention (but not the address of a penal institution) or, if the person was homeless at that time, the address of, or which is nearest to, a place in Scotland where the person commonly spent a substantial part of the person's time (whether during the day or at night), or

(iii)

if the convicted person cannot give an address under sub-paragraph (i) or (ii) (or can only give an address at which the person would be prevented from residing because of an order of any court), the address of the penal institution at which the convicted person is detained unless the person has a home outwith Scotland or would otherwise not be resident in Scotland but for the person's detention.

(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

Where a declaration of local connection made by a homeless person is delivered to the registration officer concerned during the period—

(a)

beginning with the date when a vacancy occurs—

(i)

in the seat for the parliamentary constituency within which the required address falls, or

(ii)

in the seat for any Scottish Parliament constituency or National Assembly for Wales constituency within which it falls, and

(b)

ending on the final nomination day (within the meaning of section 13B below) for the parliamentary by-election, or (as the case may be) the election under section 9 of the Scotland Act 1998 or section 10 of the Government of Wales Act 2006, held in respect of that vacancy,

(7)

(a)

(b)

where so made, shall be marked to show that it is available for local government elections only, but shall in all other respects be the same as other declarations of local connection.

(7A)

Despite anything in subsection (7), in relation to Scotland, a relevant declaration made by a person has effect only for the purposes of the person's registration as a local government elector.

(7B)

In subsection (7A), “relevant declaration” means—

(a)

a declaration of local connection made by virtue of subsection (2A),

(aa)

a declaration of local connection made by virtue of subsection (2D),

(ab)

a declaration of local connection made by a qualifying foreign national,

(b)

any other declaration of local connection made by a person who, on the date on which the declaration is made, is—

(i)

under the age of 17, and

(ii)

not entitled to be registered in the register of parliamentary electors.

(7C)

(8)

If a person—

(a)

makes a declaration of local connection stating more than one address under subsection (3)(d) above, or

(b)

makes more than one declaration of local connection bearing the same date and stating different addresses under that provision,

the declaration or declarations shall be void.

(9)

A declaration of local connection may be cancelled at any time by the declarant.

(10)

A declaration of local connection shall be of no effect unless it is received by the registration officer concerned within the period of three months beginning with the date of the declaration.

F327C Effect of declaration of local connection.

(1)

Where a person’s declaration of local connection 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 stated in it in accordance with section 7B(3)(d) above; F33...

F33(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

A person registered in a register of electors in pursuance of a declaration of local connection is entitled to remain so registered until—

(a)

the end of the period of 12 months beginning with the date when the entry in the register first takes effect,

F34(aa)

the registration officer determines in accordance with regulations that the person was not entitled to be registered,

F35(ab)

(b)

the declaration is cancelled under section 7B(9) above, or

(c)

another entry made in respect of him in any register of electors takes effect (whether or not in pursuance of a declaration of local connection),

whichever first occurs.

(3)

Where the entitlement of such a person to remain so registered terminates by virtue of subsection (2) above, the registration officer concerned shall remove that person’s entry from the register, unless he is entitled to remain registered in pursuance of a further declaration of local connection.

(4)

This section shall not be taken as precluding the registration of a person falling within section 7B(2)(a) or (b) above in pursuance of an application made by virtue of section 7(2) or 7A(2) above.