The European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations which replace the provisions revoked by regulation 2 provide for the registration of those citizens of the European Union who are resident here (and are not Commonwealth citizens or citizens of the Republic of Ireland) as European Parliamentary electors. Together with those parts of the European Parliamentary Elections (Changes to the Franchise and Qualification of Representatives) Regulations 1994 which are not revoked, these Regulations give effect to Article 19.2 (ex Article 8b.2) of the Treaty establishing the European Community and the requirements of the directive of the Council of the European Communities No. 93/109/EC. References in this note to articles are to articles in that Directive.

These Regulations are needed in consequence of the changes made by the Representation of the People Act 2000 to the system of the registration of parliamentary and local government electors. That Act removed the requirement for residence on a qualifying date for inclusion in a register of electors which had effect for one year. It replaced it with a system of registration under which the registers of electors have continuing effect, subject to amendment. The provisions revoked by regulation 2 of these Regulations were based on the system of registration replaced by the 2000 Act.

Regulation 3 sets out the franchise. Regulation 4 sets out the grounds under which a citizen of the Union of the sort described above (“relevant citizen of the Union”) can be registered as an elector. These provisions are based on sections 1 and 4 of the Representation of the People Act 1983, as substituted by the 2000 Act.

Regulation 5 provides for registration officers and requires the register of electors under these Regulations to be combined, so far as practicable, with the registers of parliamentary and local government electors.

In order to comply with article 9.2 of the directive, regulation 6(2) requires a person applying to be registered under these Regulations to include a declaration made in accordance with regulation 6(2). Regulation 8 requires the registration officer to supply to the Secretary of State a copy of each application to be registered and declaration when the application is made at a time that would allow the applicant to vote in a European Parliamentary general election. This is included to enable the United Kingdom Government to discharge its obligations under article 13 of the Directive.

Regulation 9 applies, with modifications, for the purposes of these Regulations various provisions in the 1983 Act (as amended) and regulations made under that Act about the registration of parliamentary and local government electors. Those provisions are set out in the Schedule to the Regulations. So as to give effect to article 11.2 of the directive, the provisions applied include those conferring a right of appeal in respect of a decision by the registration officer relating to registration.