The Representation of the People (England and Wales) Regulations 2001

Service declarations

Qualification for Crown servant

14.  A person (not being a member of the forces within the meaning of section 59(1) of the 1983 Act) who is employed in the service of the Crown in a post outside the United Kingdom falls within the class or description referred to in section 14(1)(b) of the 1983 Act if he is required to devote his whole working time to the duties of that post and the remuneration of it is paid wholly out of money provided by Parliament.

Contents of service declaration

15.—(1) In addition to the matters specified in paragraphs (a) to (f) of section 16 of the 1983 Act(1), a service declaration shall state—

(a) the declarant’s full name and present address,

(b) the grounds on which the declarant claims a service declaration, and

(c) such of the particulars specified in paragraph (2), (3) or (4) below as are relevant to the service qualification claimed by the declarant.

(2) Where the declarant claims a service qualification on the grounds that he is a member of the forces (within the meaning of section 59(1) of the 1983 Act) or the spouse of such a member, the service declaration shall state—

(a) the service (whether naval, military or air forces) in which that member serves,

(b) the rank or rating of that member, and

(c) the service number of that member;

and where that member serves in the military forces, the service declaration shall in addition state the regiment or corps in which he serves.

(3) Where the declarant claims a service qualification on the grounds that he is a Crown servant to whom regulation 14 above applies or the spouse of such a servant, the service declaration shall state—

(a) the name of the Government department in which that servant works, and

(b) a description of the post of that servant.

(4) Where the declarant claims a service qualification on the grounds that he is a British Council employee or the spouse of such an employee, the service declaration shall state a description of the post of that employee.

Transmission of service declaration

16.—(1) A service declaration made by a member of the forces or his spouse shall be transmitted to the appropriate registration officer.

(2) A service declaration made by a person who is or will be a Crown servant or by his spouse shall be transmitted by the declarant to the Government department under which that person or his spouse is or will be employed or to an officer designated by that department and transmitted by that department or officer to the appropriate registration officer.

(3) A service declaration made by a person who is or will be a British Council employee or by his spouse shall be transmitted by the declarant to the British Council and transmitted by the British Council to the appropriate registration officer.

(4) In this regulation, the “appropriate registration officer” means the registration officer for the area within which is situated the address specified in the declaration in accordance with section 16(d) or the 1983 Act(2).

Notification by registration officer in respect of service declarations

17.—(1) Where the registration officer is satisfied that the service declaration is duly made he shall so notify the declarant.

(2) Where the registration officer rejects an application for registration in pursuance of a service declaration because it—

(a) does not contain the particulars required in paragraphs (a) to (f) of section 16 of the 1983 Act and regulation 15 above, or

(b) does not comply with the requirements of sections 14 and 15 of the 1983 Act(3) or, where appropriate, regulation 14 or 16 above,

he shall return the declaration to the declarant setting out his reasons for so doing.

(1)

Section 16 was amended by Schedule 1 to the 2000 Act.

(2)

Section 16(d) was amended by Schedule 1 to the 2000 Act.

(3)

Sections 14 and 15 were amended by Schedule 1 to the 2000 Act.