Representation of the People Act 1983

[F1 7 Residence: patients in mental hospitals who are not detained offenders or on remand. U.K.

(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

[F2 (aa) the registration officer determines in accordance with regulations that the person was not entitled to be registered, 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 M1 Mental Health Act 1983,

(b) in relation to Scotland, has the same meaning as in the [F3 Mental Health (Care and Treatment) (Scotland) Act 2003] , and

(c) in relation to Northern Ireland, has the same meaning as in the M2 Mental Health (Northern Ireland) Order 1986.]

Textual Amendments

F1 S. 7 substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 4; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F2 S. 7(3)(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(1), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(a) (subject to transitional provisions and savings in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 3

F3 Words in s. 7(6)(b) substituted (27.9.2005 for S. and 5.10.2005 for E.W.N.I.) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 2, Sch. 1 para. 12(3) and The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078), art. 15, Sch. 1 para. 1(3)

Modifications etc. (not altering text)

C1 S. 7 extended (N.I.) (with modifications) (16.2.2001) by 1989 c. 3, Sch. 1 (as amended by 2000 c. 2, s. 8, Sch. 3 paras. 3(4), 4(2))

C2 S. 7 applied (with modifications) (9.4.2001) by S.I. 2001/1184, reg. 9, Sch. Pt. I (as substituted (17.3.2009) by S.I. 2009/726, regs. 1(1), 2(3)(4), Sch.)

C3 S. 7 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))

Marginal Citations

M1 1983 c. 20.

M2 S.I. 1986/595 (N.I. 4).