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- Point in Time (17/02/2015)
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Version Superseded: 31/03/2017
Point in time view as at 17/02/2015.
There are currently no known outstanding effects for the Wales Act 2014, Cross Heading: Entitlement to vote.
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1(1)Where a referendum held by virtue of section 12(1) follows on from a youth franchise resolution, a person is entitled to vote in the referendum if, on the date of the poll at the referendum, the person—U.K.
(a)is aged 16 or over,
(b)either—
(i)is registered in the register of local government electors at an address within an Assembly constituency, or
(ii)is registered in the register of young voters at such an address in accordance with provision made under paragraph 2,
(c)is not subject to any legal incapacity to vote (age apart) within the meaning of section 2(1)(b) of the Representation of the People Act 1983, and
(d)is a Commonwealth citizen, a citizen of the Republic of Ireland or a relevant citizen of the Union (within the meaning given by section 202(1) of that Act).
(2)Where a referendum held by virtue of section 12(1) does not follow on from a youth franchise resolution, a person is entitled to vote in the referendum if the person would be entitled to vote in a general election of Assembly members if one were held on the date of the poll at the referendum.
(3)For the purposes of this paragraph and paragraph 2, a referendum held by virtue of section 12(1) “follows on from a youth franchise resolution” if—
(a)a resolution is passed by the Assembly under section 13(1) which states that the voting age at the proposed referendum is to be 16,
(b)the First Minister complies with section 13(3) in relation to the resolution, and
(c)as a result, a draft of the statutory instrument containing the Order under section 12(1) which causes the referendum to be held is laid in accordance with section 13(4)(a).
(4)An Order under section 12(1) may include provision for disregarding alterations made in a register of electors or voters after a date specified in the Order and sub-paragraphs (1) and (2) are to be read subject to any such provision.
2(1)Where an Order under section 12(1) causes a referendum to be held which follows on from a youth franchise resolution, the Order must make provision about the registration of young voters.U.K.
(2)That provision must include—
(a)provision for the preparation and maintenance of a register of young voters;
(b)provision prohibiting the publication or other disclosure of that register, or any entry in it, except as provided by such an Order.
(3)Provision made by virtue of sub-paragraph (1) may, in particular—
(a)apply or incorporate, with or without modifications, any enactment relating to referendums or elections;
(b)make other modifications of any enactment relating to referendums or elections.
(4)An Order under section 12(1) must make such supplementary, incidental or consequential provision (if any) as appears to Her Majesty to be appropriate for the purposes of, in consequence of, or for giving full effect to—
(a)any provision made by virtue of sub-paragraph (1), or
(b)the entitlement of 16 and 17 year olds under paragraph 1(1) to vote in the referendum.
(5)Provision made by virtue of sub-paragraph (4) may, in particular—
(a)make modifications of any enactment;
(b)make transitory, transitional or saving provision.
(6)For the purposes of sub-paragraph (3)(a), “enactment” includes the Scottish Independence Referendum (Franchise) Act 2013 (asp 13).
(7)For the purposes of this paragraph, “young voter” means a person who—
(a)will be aged 16 or 17 on the date of the poll at the referendum, and
(b)is not registered in the register of local government electors at an address within an Assembly constituency.
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