Representation of the People Act 1985

2 Registration of British citizens overseas. U.K.

(1) A person may not be registered in any register as mentioned in section 12(1) of the principal Act on the ground that he may be entitled by virtue of section 1 of this Act to vote at parliamentary elections for which the register is to be used except—

(a) in pursuance of a declaration made by him under and in accordance with this section (an “overseas elector’s declaration”), and

(b) in the register for the constituency or part of the constituency within which is situated the place in the United Kingdom specified in the declaration in accordance with subsection (4) below as having been the address in respect of which he was registered [F1 or, as the case may be, at which he was resident];

and may not be so registered on that ground unless the registration officer concerned is satisfied that, on the qualifying date, he qualifies as an overseas elector in respect of the constituency for which that register is prepared.

(2) An overseas elector’s declaration must be made with a view to registration in the register of electors for a particular year [F2 (being a year during the whole or any part of which he may be entitled to vote)] and with reference to the qualifying date for that register and must be made within the twelve months ending with that date.

(3) An overseas elector’s declaration must state—

(a) the date of the declaration,

(b) that the declarant is a British citizen,

(c) that the declarant will not be resident in the United Kingdom on the qualifying date, [F3 and]

(d) when he ceased to be so resident or, in the case of a person relying on registration in pursuance of a service declaration, when he ceased to have a service qualification or, if later, ceased to be so resident, . . . F4

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

and must contain such other information and satisfy such other requirements (which may include requirements for declarations to be attested and for the charging of fees in respect of their attestation) as may be prescribed.

(4) An overseas elector’s declaration must

[F6 (a) show which set of conditions in section 1 of this Act the declarant claims to satisfy,

(b) in the case of the first set of conditions, specify the address in respect of which he was registered, and

(c) in the case of the second set of conditions, specify—

(i) the date of the declarant’s birth,

(ii) the address in the United Kingdom at which he was resident, and

(iii) the name of the parent or guardian on whose registration in respect of that address he relies, and whether the person named was a parent or guardian,

and may not, in the case of either set of conditions, specify more than one such address]; and if the declarant makes more than one such declaration bearing the same date and specifying different addresses in the United Kingdom as the address in respect of which he was registered [F7 or, as the case may be, at which he was resident] the declarations shall be void.

(5) An overseas elector’s declaration may be cancelled at any time by the declarant and such a declaration bearing a later date shall, without any express cancellation, cancel an overseas elector’s declaration bearing an earlier date which was made with reference to the same qualifying date.

(6) For the purposes of section 1 of this Act and Part I of the principal Act, where a person is registered in a register of parliamentary electors for any constituency or part of a constituency in pursuance of an overseas elector’s declaration, it shall be conclusively presumed—

(a) that the address specified in the declaration in accordance with subsection (4) above is at a place that is situated within that constituency or, as the case may be, part, and

(b) that he was not resident in the United Kingdom on the qualifying date;

and for the purposes of section 1 of this Act, section 49(1)(a) of the principal Act (register conclusive as to residence) does not apply in relation to a person’s previous registration in a register of parliamentary electors unless he is registered in pursuance of an overseas elector’s declaration by virtue of that previous registration.

Textual Amendments

F1 Words inserted by Representation of the People Act 1989 (c. 28, SIF 42), s. 3(2)(a)

F2 Words inserted by Representation of the People Act 1989 (c. 28, SIF 42), s. 3(2)(b)

F3 Word inserted by Representation of the People Act 1989 (c. 28, SIF 42), s. 4

F4 Word repealed by Representation of the People Act 1989 (c. 28, SIF 42), s. 4

F5 S. 2(3)(e) repealed by Representation of the People Act 1989 (c. 28, SIF 42), s. 4

F6 Words substituted by Representation of the People Act 1989 (c. 28, SIF 42), s. 3(2)(c)(i)

F7 Words inserted by Representation of the People Act 1989 (c. 28, SIF 42), s. 3(2)(c)(ii)

Modifications etc. (not altering text)

C1 S. 2 applied with modifications (S.) by S.I. 1986/1111, regs. 2, 13(3)(4)(5), Sch. 3 Pt. II

C2 S. 2 applied with modifications (N.I.) by S.I. 1986/1091, regs. 2, 14(3)(4)(5), Sch. 3 Pt. II

C3 S. 2 applied with modifications (E.W.) by S.I. 1986/1081, regs. 2, 14(3)(4)(5), Sch. 3 Pt. II