Representation of the People Act 1985

2 Registration of British citizens overseas

(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 hi accordance with subsection (4) below as having been the address in respect of which he was registered;

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 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,

(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, and

(e) that the declarant does not intend to reside permanently outside the United Kingdom,

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 specify the address in respect of which he was registered and may not 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 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.