Representation of the People Act 2000
2000 CHAPTER 2
Commentary on Sections
Section 6: Notional Residence: Declarations of Local Connection
13.This section introduces a new concept, to be known as a declaration of local connection. It inserts new sections 7B and 7C into the Representation of the People Act 1983.
14.New subsections 7B(1) and (2) provide that such declarations may be made by patients in mental hospitals (other than those detained as a consequence of criminal activity), remand prisoners and the homeless.
15.New subsections 7B(3) and (4) require a declaration to give the declarant's name, an address for correspondence to be sent to (or an undertaking to collect such correspondence from the electoral registration office) and the date of the declaration, to state that the declarant falls into one of the categories permitted to make a declaration of local connection and to set out the category into which the declarant falls.
16.In the case of mental patients and remand prisoners the declaration must give the name of the institution where the person is living/held on remand and the address where he would be living were he not a patient or remand prisoner or, if he cannot provide that, an address in the United Kingdom where he has lived at any time.
17.The declaration of a homeless person must give the address of, or nearest to, a place where the person spends a substantial part of his time.
18.All declarations must also state that the person conforms to nationality requirements and is 18 or (if not) state the person's date of birth.
19.New subsection 7B(5) provides that a declaration of local connection made for the purpose of registration in Northern Ireland must state that the declarant has been resident in Northern Ireland for the preceding three months. This is consistent with the existing electoral law in Northern Ireland.
20.New subsection 7B(6) provides that where a declaration of local connection is made for the purpose of registration in the relevant area by a homeless person during the period between a seat in the House of Commons, Scottish Parliament or Welsh Assembly becoming vacant and the closing date for nominations, the declaration must state that, during the previous three months, the declarant has spent a substantial part of his time at or near the address to be used for registration purposes.
21.New subsection 7B(7) provides that declarations of local connection made for the purposes of parliamentary elections will also apply for local government elections but that those entitled to vote only in local elections (peers and EU citizens other than from the UK and Ireland) may make a declaration for the purposes of local government elections only.
22.New subsections 7C(1) and (2) enable a person who has made a declaration of local connection to apply for registration by treating him as being resident at the address he has given, and provide that such registration will be valid for 12 months unless cancelled or superseded.
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