Part IU.K. Parliamentary and Local Government Franchise and its Exercise

Modifications etc. (not altering text)

Service qualifications and declarations for registrationU.K.

15 Service declaration.E+W+N.I.

(1)A service declaration shall be made only—

(a)by a person who has a service qualification, or

(b)subject to any prescribed conditions, by a person about to leave the United Kingdom in such circumstances as to acquire a service qualification.

and a service declaration may be made by such a person notwithstanding the fact that by reason of his age he is not yet entitled to vote.

[F1(2)Where a person is registered in a register of electors in pursuance of a service declaration, the person 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,

[F2(aa)the registration officer determines in accordance with regulations that the person was not entitled to be registered,]

[F3(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,]

(b)the declaration is cancelled under subsection (7) below, or

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

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 service declaration.]

[F4(3A)In relation to the registration of local government electors in Wales, a service declaration made by a person by virtue of a service qualification under section 14(1A) ceases to have effect when the person attains the age of 18.

(3B)Without prejudice to subsection (2), a person registered in a register of local government electors in Wales in pursuance of a service declaration referred to in subsection (3A) ceases to be entitled to remain so registered when the person attains the age of 18.

(3C)Where a person's entitlement to remain registered ceases under subsection (3B), the registration officer must remove the person's entry from the register.]

(5)No service declaration shall be specially made by a person for the purpose of local government elections, and any service declaration made for the purpose of parliamentary elections shall have effect also for the purpose of local government elections; but—

(a)a service declaration may be made for the purpose of local government elections only by a person who is as a peer subject to a legal incapacity to vote at parliamentary elections [F5, 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 service declarations.

[F6(5A)Despite anything in subsection (5), in relation to Wales, a relevant service declaration made by a person has effect only for the purposes of the person's registration as a local government elector.

(5B)In subsection (5A), “relevant service declaration” means—

(a)a service declaration made by virtue of a service qualification under section 14(1A);

(b)a service declaration made by a qualifying foreign citizen;

(c)any other service declaration 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.

(5C)A relevant service declaration referred to in subsection (5A) 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 service declarations.]

(6)If a person—

(a)makes a service declaration declaring to more than one address, or

(b)makes more than one service declaration bearing the same date and declaring to different addresses,

the declaration or declarations shall be void.

(7)A service declaration may at any time be cancelled by the declarant F7....

[F8(8)A service declaration 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.]

[F9(9)The Secretary of State may by order provide that, in relation to the persons mentioned in section 14(1)(a) and (d), subsection (2)(a) above has effect as if for the period of 12 months there were substituted such other period (not exceeding five years) as he thinks appropriate.

(10)The power to make an order under subsection (9) is exercisable by statutory instrument, which may contain such incidental or consequential provision as the Secretary of State thinks appropriate.

(11)No order may be made under subsection (9) unless—

(a)the Secretary of State first consults the Electoral Commission, and

(b)a draft of the instrument containing the order is laid before, and approved by a resolution of, each House of Parliament.

(12)If the period substituted by an order under subsection (9) is longer than the period for the time being in force, the longer period has effect in relation to any person who immediately before the order was made was entitled to remain in a register by virtue of subsection (2).]

Textual Amendments

F1S. 15(2)(3) substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) for s. 15(2)-(4) by 2000 c. 2, s. 8(a), Sch. 1 para. 8(2); S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F2S. 15(2)(aa) inserted (1.1.2007 for E.W.S. and 14.5.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 12(7), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(a) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 3

F3S. 15(2)(ab) inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 15 (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F4S. 15(3A)-(3C) inserted (E.W.) (1.6.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 20(3)(a), 42(3)(a)

F5Words in s. 15(5)(a) inserted (6.8.1995) by S.I. 1995/1948, regs. 1(2), 5(2), Sch. 2 paras. 4(b), 6

F6S. 15(5A)-(5C) inserted (E.W.) (1.6.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 20(3)(b), 42(3)(a)

F7Words in s. 15(7) repealed (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, ss. 8(a), 15(2), Sch. 1 para. 8(3), Sch. 7 Pt. I; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F8S. 15(8) inserted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 8(a), Sch. 1 para. 8(4); S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F9S. 15(9)-(12) inserted (1.1.2007 for E.W.S. and 14.5.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 13(1), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(b) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts 2, 3

Modifications etc. (not altering text)

C10Ss. 12–17 extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I

C11Ss. 15-17 applied (with modifications) (17.2.1994) by S.I. 1994/342, regs. 1(2)(3), 2(2), 13(3)

C12S. 15(2)(a) modified (E.W.S.) (1.1.2007) by The Service Voters' Registration Period Order 2006 (S.I. 2006/3406), art. 2

15 Service declaration.S

(1)A service declaration shall be made only—

(a)by a person who has a service qualification, or

(b)subject to any prescribed conditions, by a person about to leave the United Kingdom in such circumstances as to acquire a service qualification.

and a service declaration may be made by such a person notwithstanding the fact that by reason of his age he is not yet entitled to vote.

[F10(2)Where a person is registered in a register of electors in pursuance of a service declaration, the person 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,

[F11(aa)the registration officer determines in accordance with regulations that the person was not entitled to be registered,]

[F12(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,]

(b)the declaration is cancelled under subsection (7) below, or

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

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 service declaration.]

[F13(3A)In relation to the registration of local government electors in Scotland, a service declaration made by a person by virtue of a service qualification under section 14(1A) ceases to have effect when the person attains the age of 18.

(3B)Without prejudice to subsection (2), a person registered in a register of local government electors in Scotland in pursuance of a service declaration referred to in subsection (3A) ceases to be entitled to remain so registered when the person attains the age of 18.

(3C)Where a person's entitlement to remain registered ceases under subsection (3B), the registration officer must remove the person's entry from the register.]

(5)No service declaration shall be specially made by a person for the purpose of local government elections, and any service declaration made for the purpose of parliamentary elections shall have effect also for the purpose of local government elections; but—

(a)a service declaration may be made for the purpose of local government elections only by a person who is as a peer subject to a legal incapacity to vote at parliamentary elections [F14, 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 service declarations.

[F15(5A)Despite anything in subsection (5), in relation to Scotland, a relevant service declaration made by a person has effect only for the purposes of the person's registration as a local government elector.

(5B)In subsection (5A), “relevant service declaration” means—

(a)a service declaration made by virtue of a service qualification under section 14(1A),

[F16(aa)a service declaration made by a qualifying foreign national,]

(b)any other service declaration 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.

(5C)A relevant service declaration referred to in subsection (5A) 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 service declarations.]

(6)If a person—

(a)makes a service declaration declaring to more than one address, or

(b)makes more than one service declaration bearing the same date and declaring to different addresses,

the declaration or declarations shall be void.

(7)A service declaration may at any time be cancelled by the declarant F17....

[F18(8)A service declaration 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.]

[F19(9)The Secretary of State may by order provide that, in relation to the persons mentioned in section 14(1)(a) and (d), subsection (2)(a) above has effect as if for the period of 12 months there were substituted such other period (not exceeding five years) as he thinks appropriate.

(10)The power to make an order under subsection (9) is exercisable by statutory instrument, which may contain such incidental or consequential provision as the Secretary of State thinks appropriate.

(11)No order may be made under subsection (9) unless—

(a)the Secretary of State first consults the Electoral Commission, and

(b)a draft of the instrument containing the order is laid before, and approved by a resolution of, each House of Parliament.

(12)If the period substituted by an order under subsection (9) is longer than the period for the time being in force, the longer period has effect in relation to any person who immediately before the order was made was entitled to remain in a register by virtue of subsection (2).]

Textual Amendments

F10S. 15(2)(3) substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) for s. 15(2)-(4) by 2000 c. 2, s. 8(a), Sch. 1 para. 8(2); S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F11S. 15(2)(aa) inserted (1.1.2007 for E.W.S. and 14.5.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 12(7), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(a) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 3

F12S. 15(2)(ab) inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 15 (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F14Words in s. 15(5)(a) inserted (6.8.1995) by S.I. 1995/1948, regs. 1(2), 5(2), Sch. 2 paras. 4(b), 6

F17Words in s. 15(7) repealed (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, ss. 8(a), 15(2), Sch. 1 para. 8(3), Sch. 7 Pt. I; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F18S. 15(8) inserted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 8(a), Sch. 1 para. 8(4); S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F19S. 15(9)-(12) inserted (1.1.2007 for E.W.S. and 14.5.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 13(1), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(b) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts 2, 3

Modifications etc. (not altering text)

C15Ss. 15-17 applied (with modifications) (17.2.1994) by S.I. 1994/342, regs. 1(2)(3), 2(2), 13(3)

C16S. 15 applied (with modifications) (S.) (8.8.2013) by Scottish Independence Referendum (Franchise) Act 2013 (asp 13), ss. 6, 13(1), sch. 1 Pts. 1, 2 (with s. 13(2))

C17S. 15(2)(a) modified (E.W.S.) (1.1.2007) by The Service Voters' Registration Period Order 2006 (S.I. 2006/3406), art. 2