Part 1 U.K.Police reform

Modifications etc. (not altering text)

C1 Pt. 1 applied (with modifications) (10.5.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(4), 35(1) (with art. 35(3), Sch. 6)

CHAPTER 6 U.K.Police and crime commissioners: elections and vacancies

Disqualification E+W

68 Citizenship condition E+W

(1) This section applies for the purposes of section 66.

(2) A person satisfies the citizenship condition if the person is—

(a) a qualifying Commonwealth citizen,

(b) a citizen of the Republic of Ireland, or

(c) a [F1 qualifying EU citizen or an EU citizen with retained rights].

(3) For the purposes of this section, a person is a qualifying Commonwealth citizen if the person is a Commonwealth citizen and—

(a) is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or

(b) is a person who requires such leave 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.

(4) But a person who 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) is not a qualifying Commonwealth citizen by virtue of subsection (3)(a).

F2 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in s. 68(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. 6(5)(a); S.I. 2023/1145, regs. 3(i)(iv), 5(b)

F2 S. 68(5) 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. 6(5)(b); S.I. 2023/1145, regs. 3(i)(iv), 5(b)

Modifications etc. (not altering text)

C2 Ss. 64-68: power to apply conferred by 2009 c. 20, Sch. 5C para. 9(1) (as inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)

Commencement Information

I1 S. 68 in force at 25.4.2012 by S.I. 2012/1129, art. 2(b)