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

Regulation 9

[F1SCHEDULEU.K.APPLICATION WITH MODIFICATIONS OF THE 1983 ACT AND VARIOUS REPRESENTATION OF THE PEOPLE REGULATIONS FOR REGISTRATION UNDER THESE REGULATIONS

Textual Amendments

1

Provision applied

2

Modification

PART I
THE 1983 ACT

Section 5 (residence: general)

In subsection (1) from the words “section 4” to the end substitute “regulation 4 of the 2001 Regulations falls to be determined for the purposes of that regulation.”.

In subsections (3) and (6) for “section 4 above” substitute “regulation 4 of the 2001 Regulations”.

Section 6 (residence: merchant seamen)

For “section 4 above” substitute “regulation 4 of the 2001 Regulations”.

Section 7 (residence: patients in mental hospitals who are not detained offenders or on remand)

In subsection (1)(b) omit “section 3A above or”.

In subsection (2) for “section 4 above” substitute “regulation 4 of the 2001 Regulations”.

In subsection (3)(aa) for “regulations” substitute “the Representation of the People Regulations as applied by the 2001 Regulations”.

Section 7A (residence: persons remanded in custody etc.)

In subsection (2) for “section 4 above” substitute “regulation 4 of the 2001 Regulations”.

In subsection (3)(aa) for “regulations” substitute “the Representation of the People Regulations as applied by the 2001 Regulations”.

Section 7B (notional residence: declarations of local connection)

In subsection (2)(c) for “section 4 above” substitute “regulation 4 of the 2001 Regulations”.

In subsection (3)(e) omit the words from “a Commonwealth citizen” to “elections)”.

Omit subsections (6) and (7).

Section 7C (effect of declaration of local connection)

In subsection (1) for “section 4 above” substitute “regulation 4 of the 2001 Regulations”.

In subsection (2)(aa) for “regulations” substitute “the Representation of the People Regulations as applied by the 2001 Regulations”.

Section 9 (registers of electors), subsections (2), (3), (4), (7) and (8)

Section 9B (anonymous registration)

In subsection (1)—

(a)for “parliamentary electors or local government electors” substitute “European Parliamentary electors”; and

(b)for “the requirements prescribed for the purposes of section 10A(1)(a) below” substitute “regulations 4 and 6 of the 2001 Regulations”.

In subsection (4) after “this Act” insert “and the 2001 Regulations”.

In subsection (7)(b) omit the words from “(including” to the end.

For subsection (11) substitute—

“(11) In this section, “determines” means determines in accordance with the Representation of the People Regulations as applied by the 2001 Regulations.”

After subsection (11) insert—

“(12) A relevant citizen of the Union who—

(a)applies to be registered in a register of European Parliamentary electors, and

(b)has an existing anonymous entry in a register of local government electors,

shall be anonymously registered in a register of European Parliamentary electors maintained under regulation 5(2) of the 2001 Regulations.”.

Section 9C (removal of anonymous entry)

After subsection (1) insert—

“(1A) A person’s entitlement to an anonymous entry in a register of European Parliamentary electors maintained under regulation 5(2) of the 2001 Regulations by virtue of section 9B(12) terminates at the same time as his entitlement to have an anonymous entry in a register of local government electors terminates by virtue of subsection (1).”.

In subsection (2) omit “other” and for “the Representation of the People Act 1985” substitute “the 2001 Regulations”.

Section 10A (maintenance of registers: registration of electors), subsections (1)(a), (1A), (1B), (3), (3A), (3B), (4) and (9)

In subsection (1)(a) for “the prescribed requirements, or” substitute “regulations 4 and 6 of the 2001 Regulations.”.

In subsection (1A) omit the words from “and the power in subsection (1)” to the end.

For subsection (9) substitute—

“(9) In this section—

“determines” means determines in accordance with the Representation of the People Regulations as applied by the 2001 Regulations.”.

Section 13 (publication of registers)

For subsections (1) to (3) substitute—

“(1) Where a register maintained under regulation 5(2) of the 2001 Regulations is in force, a revised version of it shall be published when a revised version of the registers of parliamentary and local government electors is published under subsection (1) or (3) of this section, as it has effect for the purposes of such registers.”.

Section 13A (alteration of registers)

In subsection (1)—

(a)in paragraph (a), for “prescribed requirements” substitute “ requirements in regulations 4 and 6 of the 2001 Regulations”; and

(b)in paragraph (b), after “this Act” insert “or of the 2001 Regulations”.

In subsection (2A) omit the words from “and the power in subsection (1)(a)” to the end.

In subsection (3)—

(a)for paragraph (a) substitute—

“(a)at the beginning of the month containing the date on which revised versions of the registers of parliamentary and local government electors are next due to be published in accordance with section 13(1) or (3) as they have effect for the purposes of such registers, or”

(b)for paragraph (b) substitute—

“(b)at the beginning of either of the two months preceding that containing the date on which revised versions of the registers of parliamentary or local government electors are next due to be published in accordance with section 13(1)(a) as it has effect for the purposes of such registers,”.

In subsection (6)—

(a)for “regulations” substitute “the Representation of the People Regulations as applied by the 2001 Regulations”; and

(b)omit “as if it were contained in Part II of this Act”.

[F2Section 13AB (alteration of registers: interim publication dates)]

[F3For subsection (8) substitute—

“(8) This section applies to elections to the European Parliament in England, Wales and Scotland.]

Section 13B (alteration of registers: pending elections)

For subsection (4) substitute—

“(4) This section applies to elections to the European Parliament in England, Wales or Scotland.”.

In subsection (6) omit from “as if” to the end.

Section 13BA (alteration of registers in Northern Ireland: pending elections)

For subsection (12) substitute—

“(12) This section applies to elections in Northern Ireland to the European Parliament.”.

Section 13C (electoral identity card: Northern Ireland)

For subsection (7) substitute—

“(7) In this section “determine” means determine in accordance with the Representation of the People Regulations as applied by the 2001 Regulations.”.

Section 50 (effect of misdescription)

Section 52 (discharge of registration duties)

In subsections (1) and (4) after “this Act” insert “and the 2001 Regulations”.

Section 54 (payment of expenses of registration)

In subsection (1) for “under this Act” substitute “under the 2001 Regulations”.

Omit subsection (3).

Section 56 (registration appeals: England and Wales)

In subsection (1)—

(a)in paragraph (a), after “this Act” insert “or the 2001 Regulations”;

(b)for paragraph (aa) substitute—

“(aa)from any decision under the 2001 Regulations of the registration officer that a person registered in the register of European Parliamentary electors maintained under regulation (5)(2) of the 2001 Regulations was not entitled to be registered,”; and

(c)omit paragraph (b).

Section 57 (registration appeals: Scotland)

Section 58 (registration appeals: Northern Ireland)

In subsection (1)—

(a)in paragraph (a) after “this Act” insert “or the 2001 Regulations”;

(b)for paragraph (b) substitute—

“(b)from any decision under the 2001 Regulations of the Chief Electoral Officer that a person registered in the register of European Parliamentary electors maintained under regulation (5)(2) of the 2001 Regulations was not entitled to be registered,”; and

(c)omit paragraph (c).

Section 62 (offences as to declarations)

In subsection (1)(a)—

(a)omit “or a service declaration”;

(b)in sub-paragraph (i) omit “or section 15(1)”; and

(c)in sub-paragraph (iii) at the end omit “or”.

Omit subsections (1)(b) and (2).

Section 63 (breach of official duty), subsections (1) to (3)

In subsection (3)—

(a)for paragraphs (a) to (d) substitute—

“(a)any registration officer.”;

(b)in paragraph (e) for “any of paragraphs (a) to (d)” substitute “paragraph (a)”; and

(c)for the words from “relating to” to the end, substitute “relating to the registration of relevant citizens of the Union as European Parliamentary electors”.

Section 119 (computation of time for purposes of Part II)

In the heading for “Part II” substitute “section 13A and 13B”.

In subsection (1)—

(a)for “this Part of this Act” substitute “section 13A or 13B”; and

(b)in paragraph (b) for “this Part” substitute “section 13A or 13B”.

Section 202 (general provisions as to interpretation)

In subsection (1)—

(a)omit all of the definitions except “anonymous entry”, “citizen of the Union”, “dwelling” and “qualifying address”; and

(b)insert, at the appropriate places—

““2001 Regulations” means the European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001,”.

““prescribed” in the following sections means prescribed by the Representation of the People Regulations as applied by the 2001 Regulations—

9(2)(a) and (b);

9B(1)(a) and (c) and (3)(b);

10A(3);

13A(2);

13B(3), (3A)(a), (3B), (3C)(a), (3D) and (3E);

13BA(3), (7)(a), (8)(a), (10) and (11)(a);

13C(1);

56(1) and (5); and

58(2) and (6)(a),”.

““Representation of the People Regulations” means—

(a)

in relation to England and Wales, the Representation of the People (England and Wales) Regulations 2001;

(b)

in relation to Scotland, the Representation of the People (Scotland) Regulations 2001; and

(c)

in relation to Northern Ireland, the Representation of the People (Northern Ireland) Regulations 2008;”.”

PART II

THE REPRESENTATION OF THE PEOPLE (ENGLAND AND WALES) REGULATIONS 2001

Regulation 3 (interpretation)

Regulation 5 (communication of applications, notices etc.)

Regulation 6 (electronic signatures and related certificates)

Regulation 7 (copies of documents)

Omit paragraph (6).

Regulation 8 (time)

Regulation 11 (interference with notices etc.)

Regulation 24 (evidence as to age and nationality)

In paragraph (2) for sub-paragraphs (b) to (d) substitute—

“(b)evidence of his status as a national of a Member State or a statutory declaration as to that nationality.”.

Regulation 27 (objections to registration)

Regulation 28 (inspection of applications and objections)

Regulation 29 (procedure for determining applications for registration and objections without a hearing)

Omit paragraph (8).

Regulation 30 (notice of hearing)

Regulation 31 (hearing of applications and objections)

Regulation 31A (objections relating to applications that have been allowed, but before alterations to register have taken effect)

Regulation 31B (other determinations by registration officer of entitlement to registration)

In paragraph (1) for “regulations 31C to 31F” substitute “regulations 31D to 31F”.

In paragraph (2)—

(a)in sub-paragraph (a)—

(i)in paragraph (i) for “, 7C(2)(aa), and 15(2)(aa) of the 1983 Act, and” substitute “and 7C(2)(aa) of the 1983 Act.”; and

(ii)omit paragraph (ii); and

(b)omit sub-paragraph (b).

Regulation 31D (procedure for reviewing entitlement to registration)

In paragraphs (5) and (8) omit “or, as the case may be, has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act”.

Regulation 31E (list of reviews)

Regulation 31F (hearing of reviews)

In paragraph (6) omit “or, as the case may be, has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act”.

Regulation 31G (anonymous registration: applications and declarations)

In paragraph (1)(b) for “regulation 26(1)(b)” substitute “regulation 6(1)(b) of the 2001 Regulations”.

Regulation 31H (anonymous registration: determination of applications by registration officer)

Regulation 31I (anonymous registration: evidence consisting of relevant court orders or injunctions)

Regulation 31J (anonymous registration: evidence by attestation)

Regulation 32 (registration appeals)

In paragraph (1), for sub-paragraph (b) substitute—

“(b)under section 56(1)(aa) of the 1983 Act, from the decision of a registration officer made in accordance with regulations 31D to 31F that a person was not entitled to be registered;”

Regulation 32A (representations regarding clerical errors)

Regulation 36(2) and (3) (notices in connection with registration)

In paragraph (2)—

(a)for “that Act” substitute “the 1983 Act”; and

(b)in sub-paragraph (b) omit “except in a case falling within regulation 31C(2)(b) above,”.

Regulation 36A (communication of notices made on polling day)

Regulation 38 (separate part of a register for each parliamentary polling district)

Regulation 39 (different letter for each parliamentary polling district)

Regulation 40 (qualifying addresses which are not included in the register)

In paragraph (1)—

(a)in sub-paragraph (a), at the end omit “or”; and

(b)omit sub-paragraph (b).

Omit paragraph (2)(a) and the “or” following it.

Regulation 41 (order of names)

Regulation 41A (anonymous entries)

Regulation 45A (record of anonymous entries)

Regulation 45B (duties of registration officer and his staff in relation to record of anonymous entries)

Regulation 45C (supply of record of anonymous entries to returning and counting officers)

Regulation 45E (supply of record of anonymous entries to the security services)

Regulation 45F (supply of the record of anonymous entries to police forces and other organisations)

Regulation 45G (certificate of anonymous registration)

THE REPRESENTATION OF THE PEOPLE (SCOTLAND) REGULATIONS 2001

Regulation 3 (interpretation)

Regulation 5 (communication of applications, notices etc.)

Regulation 6 (electronic signatures and related certificates)

Regulation 7 (copies of documents)

Omit paragraph (6).

Regulation 8 (time)

Regulation 11 (interference with notices etc.)

Regulation 24 (evidence as to age and nationality)

In paragraph (2) for sub-paragraphs (b) to (d) substitute—

“(b)evidence of his status as a national of a Member State or a statutory declaration as to that nationality.”.

Regulation 27 (objections to registration)

Regulation 28 (inspection of applications and objections)

Regulation 29 (procedure for determining applications for registration and objections without a hearing)

Omit paragraph (8).

Regulation 30 (notice of hearing)

Regulation 31 (hearing of applications and objections)

Regulation 31A (objections relating to applications that have been allowed, but before alterations to register have taken effect)

Regulation 31B (other determinations by registration officer of entitlement to registration)

In paragraph (1) for “regulations 31C to 31F” substitute “regulations 31D to 31F”.

In paragraph (2)—

(a)in sub-paragraph (a)—

(i)in paragraph (i) for “, 7C(2)(aa), and 15(2)(aa) of the 1983 Act, and” substitute “and 7C(2)(aa) of the 1983 Act.”; and

(ii)omit paragraph (ii); and

(b)omit sub-paragraph (b).

Regulation 31D (procedure for reviewing entitlement to registration)

In paragraphs (5) and (8) omit “or, as the case may be, has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act”.

Regulation 31E (list of reviews)

Regulation 31F (hearing of reviews)

In paragraph (6) omit “or, as the case may be, has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act”.

Regulation 31G (anonymous registration: applications and declarations)

In paragraph (1)(b) for “regulation 26(1)(b)” substitute “regulation 6(1)(b) of the 2001 Regulations”.

Regulation 31H (anonymous registration: determination of applications by registration officer)

Regulation 31I (anonymous registration: evidence consisting of relevant court orders or injunctions)

Regulation 31J (anonymous registration: evidence by attestation)

Regulation 32 (registration appeals)

In paragraph (1), for sub-paragraph (b) substitute—

“(b)under section 56(1)(aa) of the 1983 Act, from the decision of a registration officer made in accordance with regulations 31D to 31F that a person was not entitled to be registered;”.

Regulation 32A (representations regarding clerical errors)

Regulation 36(2) and (3) (notices in connection with registration)

In paragraph (2)—

(a)for “that Act” substitute “the 1983 Act”; and

(b)in sub-paragraph (b) omit “except in a case falling within regulation 31C(2)(b) above,”.

Regulation 36A (communication of notices made on polling day)

Regulation 38 (separate part of a register for each parliamentary polling district)

Regulation 39 (different letter, number or combination of letter and number for each parliamentary polling district)

Regulation 40 (qualifying addresses which are not included in the register)

In paragraph (1)—

(a)in sub-paragraph (a), at the end omit “or”; and

(b)omit sub-paragraph (b).

Omit paragraph (2)(a) and the “or” following it.

Regulation 41 (order of names)

Regulation 41A (anonymous entries)

Regulation 45A (record of anonymous entries)

Regulation 45B (duties of registration officer and his staff in relation to record of anonymous entries)

Regulation 45C (supply of record of anonymous entries to returning and counting officers)

Regulation 45D (supply of record of anonymous entries to the security services)

Regulation 45E (supply of the record of anonymous entries to police forces and other organisations)

Regulation 45F (certificate of anonymous registration)

THE REPRESENTATION OF THE PEOPLE (NORTHERN IRELAND) REGULATIONS 2008

Regulation 3 (interpretation)

Regulation 5 (communication of applications, notices, etc.)

Regulation 6 (electronic signatures and related certificates)

Regulation 7 (copies of documents)

Regulation 8 (time)

Regulation 11 (interference with notices, etc.)

Regulation 13 (applications for an electoral identity card)

For paragraph (2)(a) substitute—

“(a)a person who is registered in a register of European Parliamentary electors maintained under regulation 5(2) of the 2001 Regulations; or”.

Regulation 25 (alteration of registers under section 13BA(3) of the 1983 Act)

In paragraph (3)—

(a)omit sub-paragraph (d); and

(b)in sub-paragraph (e) omit “a qualifying Commonwealth citizen or citizen of Ireland or”.

In paragraph (4)—

(a)omit sub-paragraph (c);

(b)in sub-paragraph (d) omit “a qualifying Commonwealth citizen or citizen of Ireland or”; and

(c)for sub-paragraph (e) substitute—

“(e)a passport issued by a Member State of the European Union.”.

In paragraph (6) for “section 4 of the 1983 Act” substitute “regulation 4 of the 2001 Regulations”.

Regulation 28 (objections to registration)

Regulation 29 (inspection of applications and objections)

Regulation 30 (procedure for determining applications for registration and objections without a hearing)

Omit paragraph (15).

Regulation 31 (notice of hearing)

Regulation 32 (hearing of applications and objections)

Regulation 33 (objections relating to applications which have been allowed, but before alterations to the register have taken effect)

Regulation 34 (other determinations by registration officer of entitlement to registration)

In paragraph (1) for “regulations 35 to 38” substitute “regulations 36 to 38”

In paragraph (2)—

(a)in sub-paragraph (a)—

(i)in paragraph (i) for “, 7C(2)(aa), and 15(2)(aa) of the 1983 Act, and” substitute “and 7C(2)(aa) of the 1983 Act.”; and

(ii)omit paragraph (ii); and

(b)omit sub-paragraph (b).

Regulation 36 (procedure for reviewing entitlement to registration)

In paragraphs (4) and (7) omit “or, as the case may be, has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act”.

Regulation 37 (list of reviews)

Regulation 38 (hearing of reviews)

In paragraph (6) omit “or, as the case may be, has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act”.

Regulation 39 (registration appeals)

In paragraph (1) for sub-paragraph (b) substitute—

“(b)the decision of the registration officer made under section 58(1)(b) of the 1983 Act in accordance with regulations 36 to 38 that a person was not entitled to be registered.”.

Regulation 40 (representations regarding clerical errors)

Regulation 44(2) and (3) (notices in connection with registration)

In paragraph (2)—

(a)for “that Act” substitute “the 1983 Act”; and

(b)in sub-paragraph (c) omit “except in a case falling within regulation 35(2)(d),”.

Regulation 45 (communication of notices made on polling day)

Regulation 47 (separate part of register for each parliamentary polling district)

Regulation 48 (different letter for each parliamentary polling district)

Regulation 49 (qualifying addresses which are not included in the register)

In paragraph (1)—

(a)in sub-paragraph (a), at the end omit “or”; and

(b)omit sub-paragraph (b).

Omit paragraph (2)(a) and the “or” following it.

Regulation 50 (order of names)]

Textual Amendments