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

Modifications etc. (not altering text)

[F1 Entitlement to registration]U.K.

Textual Amendments

F1S. 4 and preceding cross-heading substituted for s. 4 (29.1.2001 for specified purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 1(2); S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

[F27 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

[F3(aa)the registration officer determines in accordance with regulations that the person was not entitled to be registered, or]

[F4(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 M1Mental Health Act 1983,

(b)in relation to Scotland, has the same meaning as in the [F5Mental Health (Care and Treatment) (Scotland) Act 2003] , and

(c)in relation to Northern Ireland, has the same meaning as in the M2Mental Health (Northern Ireland) Order 1986.]

Textual Amendments

F2S. 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))

F3S. 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

F4S. 7(3)(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. 2 (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

Modifications etc. (not altering text)

C10S. 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))

C11S. 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.)

C12S. 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