Representation of the People Act 1983

17 Effect of service declaration.E+W+N.I.

[F1(1)Where a person’s service declaration 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 specified in it in accordance with section 16(d) above;

F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

(c)until the contrary is proved, as being a Commonwealth citizen or a citizen of the Republic of Ireland or [F3—

(i)if the declaration is made for the purposes only of the registration of local government electors in England, a qualifying EU citizen or an EU citizen with retained rights, or

(ii)if the declaration is made for the purposes only of the registration of local government electors in Wales, a relevant citizen of the Union or a qualifying foreign citizen,

of the age appearing from the declaration and as not being subject to any legal incapacity except as so appearing.]

(2) Where a service declaration appearing to be properly made out and (where required) attested is transmitted to the registration officer in the proper manner, the declarant shall, until the contrary is proved, be treated for the purposes of registration as having had from the date of the declaration or such later date, if any, as appears from it, and as continuing to have, a service qualification.

[F4(3)In relation to the registration of local government electors in Wales, subsection (2) is subject to section 15(3A).]]

Extent Information

E1This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F1S. 17(1) substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 8(a), Sch. 1 para. 10; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F3Words in s. 17(1)(c) substituted (E.W.N.I.) (7.5.2024) by Elections Act 2022 (c. 37), s. 67(4)(b), Sch. 8 para. 1(7); S.I. 2023/1145, reg. 5(b) (with Sch. para. 1(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)

[F117 Effect of service declaration.S

[F5(1)Where a person’s service declaration 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 specified in it in accordance with section 16(d) above;

F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

(c)until the contrary is proved, as being a Commonwealth citizen or a citizen of the Republic of Ireland or [F7(in relation to a declaration made other than for the purposes of the registration of local government electors in Scotland)] a relevant citizen of the Union [F8or (in relation to a declaration made for the purposes of the registration of local government electors in Scotland) a qualifying foreign national] of the age appearing from the declaration and as not being subject to any legal incapacity except as so appearing.]

(2) Where a service declaration appearing to be properly made out and (where required) attested is transmitted to the registration officer in the proper manner, the declarant shall, until the contrary is proved, be treated for the purposes of registration as having had from the date of the declaration or such later date, if any, as appears from it, and as continuing to have, a service qualification.

[F9(3)In relation to the registration of local government electors in Scotland, subsection (2) is subject to section 15(3A).]]

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

F1S. 17(1) substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 8(a), Sch. 1 para. 10; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F5S. 17(1) substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 8(a), Sch. 1 para. 10; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

Modifications etc. (not altering text)

C13Ss. 15-17 applied (with modifications) (17.2.1994) by S.I. 1994/342, regs. 1(2)(3), 2(2), 13(3)

C14S. 17 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))