(1)Subject to any disqualification by virtue of this Act or any other enactment, a person is qualified to be elected and to be the Mayor or an Assembly member if he satisfies the requirements of subsections (2) to (4) below.
(2)The person must be—
(a)a [F1qualifying] Commonwealth citizen;
(b)a citizen of the Republic of Ireland; or
(c)[F2qualifying EU citizen or an EU citizen with retained rights].
(3)On the relevant day, the person must have attained the age of [F318] years.
(4)The person must satisfy at least one of the following conditions—
(a)on the relevant day he is, and from that day continues to be, a local government elector for Greater London;
(b)he has, during the whole of the twelve months preceding that day, occupied as owner or tenant any land or other premises in Greater London;
(c)his principal or only place of work during that twelve months has been in Greater London;
(d)he has during the whole of that twelve months resided in Greater London.
(5)This section applies in relation to being returned as a London member under section 11 above otherwise than at an election as it applies in relation to being elected.
(6)References in this section to election shall accordingly be construed as if a London member so returned were elected at an election on the day on which he is to be treated as returned.
(7)In the application of this section by virtue of subsection (5) above, any reference to the day on which a person is nominated as a candidate shall be taken as a reference to the day on which notification of the person’s name is given under section 11(3) above by the Greater London returning officer.
[F4(7A)For the purposes of this section, a person is a qualifying Commonwealth citizen if he is a Commonwealth citizen who either—
(a)is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or
(b)is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act.
(7B)But a person is not a qualifying Commonwealth citizen by virtue of subsection (7A)(a) if he does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases).]
(8)In this section—
[F5“qualifying EU citizen” and “EU citizen with retained rights” have the same meaning as in the Representation of the People Act 1983 (see sections 203A and 203B of that Act);]
F6...
the relevant day, in relation to any candidate, means—
the day on which he is nominated as a candidate and also, if there is a poll, the day of the election; or
if the election is not preceded by the nomination of candidates, the day of the election.
Textual Amendments
F1Word in s. 20(2)(a) inserted (1.1.2007 for E.W.S., 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), s. 77(2), Sch. 1 para. 42(2); S.I. 2006/3412, art. 3, Sch. 1 para. 14(bb)(i) (with Sch. 2 para. 1); S.I. 2008/1316, arts. 2(2), 4(z)(i)
F2Words in s. 20(2)(c) substituted (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(1), Sch. 8 para. 4(a); S.I. 2023/1145, regs. 3(i)(iii), 5(b) (with savings in The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 17, 18)
F3Word in s. 20(3) substituted (1.1.2007 for E.W.S., 7.2.2007 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 17(5), 77(2); S.I. 2006/3412, art. 3, Sch. 1 para. 14(d) (with Sch. 2 para. 1); S.I. 2007/230, art. 2
F4S. 20(7A)(7B) inserted (1.1.2007 for E.W.S., 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), s. 77(2), Sch. 1 para. 42(3); S.I. 2006/3412, art. 3, Sch. 1 para. 14(bb)(i) (with Sch. 2 para. 1); S.I. 2008/1316, arts. 2(2), 4(z)(i)
F5Words in s. 20(8) 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(1), Sch. 8 para. 4(b)(ii); S.I. 2023/1145, regs. 3(i)(iii), 5(b) (with savings in The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 17, 18)
F6Words in s. 20(8) omitted (1.11.2023 for specified purposes, 7.5.2024 in so far as not already in force) by virtue of Elections Act 2022 (c. 37), s. 67(1), Sch. 8 para. 4(b)(i); S.I. 2023/1145, regs. 3(i)(iii), 5(b) (with savings in The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 17, 18)