Representation of the People Act 1983

[F1203AMeaning of “qualifying EU citizen”E+W+N.I.

(1)In this Act “qualifying EU citizen” means a person who—

(a)is a citizen of a country for the time being listed in Schedule 6A, and

(b)either—

(i)does not require leave under the Immigration Act 1971 to enter or remain in the United Kingdom or any of the Islands, or

(ii)does require such leave but for the time being has (or is, by virtue of any enactment, to be treated as having) any description of such leave.

(2)The Secretary of State must by regulations add a country to the list in Schedule 6A where—

(a)the country is a qualifying country,

(b)the United Kingdom and the country intend to become parties to a relevant treaty, and

(c)section 20 of the Constitutional Reform and Governance Act 2010 (treaties to be laid before Parliament before ratification) applies in relation to the relevant treaty and the requirements of that section have been met such that the relevant treaty may be ratified.

(3)The Secretary of State may by regulations remove a country from the list in Schedule 6A where the country ceases to be a party to a relevant treaty to which the United Kingdom is also a party.

(4)The Secretary of State must, as soon as reasonably practicable after regulations are made under subsection (2) or (3), give notice of that fact to—

(a)registration officers in England,

(b)registration officers for elections of police and crime commissioners for police areas in Wales,

(c)the Chief Electoral Officer for Northern Ireland, and

(d)the Electoral Commission.

(5)In this section—

  • “the Islands” means the Channel Islands and the Isle of Man;

  • “qualifying country” means a country—

    (a)

    that was a member State immediately before IP completion day, other than the Republic of Ireland,

    (b)

    that was part of a member State immediately before IP completion day, other than the Republic of Ireland, or

    (c)

    that is formed entirely of two or more former countries, both or all of which were member States immediately before IP completion day, other than the Republic of Ireland;

  • “ratification”, in relation to a treaty, is to be construed in accordance with section 25(3) of the Constitutional Reform and Governance Act 2010;

  • “relevant treaty” means a treaty containing provision relating to eligibility to vote and to stand as a candidate at elections;

  • “treaty” has the same meaning as in Part 2 of the Constitutional Reform and Governance Act 2010 (see section 25 of that Act).]

Textual Amendments

F1Ss. 203A, 203B inserted (1.11.2023 for specified purposes, 7.5.2024 in so far as not already in force) by Elections Act 2022 (c. 37), s. 67(4)(b), Sch. 8 para. 1(11); S.I. 2023/1145, regs. 3(i), 5(b)

Modifications etc. (not altering text)

C2S. 203A applied (with modifications) (7.5.2024) by S.I. 2001/2599, Sch. 1 table (as amended by Elections Act 2022 (c. 37), s. 67(1), Sch. 8 para. 11(3); S.I. 2023/1145, reg. 5(b) (with Sch. para. 1(3)))