14.—(1) A person qualifies for registration in Gibraltar as an overseas elector, for the purposes of section 16(2)(a) of the 2003 Act and these Regulations, if—
(a)he makes a declaration under and in accordance with paragraph 15; and
(b)on that date (”the relevant date”)—
(i)he is not resident in Gibraltar; and
(ii)he satisfies one of the following sets of conditions.
(2) The first set of conditions is that—
(a)he was included in the register in respect of an address at a place that is situated within Gibraltar,
(b)that entry in the register was made on the basis that he was resident, or to be treated for the purposes of registration as resident, at that address,
(c)that entry in the register was in force at any time falling within the period of 15 years ending immediately before the relevant date, and
(d)subsequent to that entry ceasing to have effect no entry was made in the register on the basis that he was resident, or to be treated for the purposes of registration as resident, at any other address.
(3) The second set of conditions is that—
(a)the was last resident in Gibraltar within the period of 15 years ending immediately before the relevant date,
(b)he was by reason only of his age incapable of being included in the register in force on the last day on which he was resident in Gibraltar, and
(c)the address at which he was resident on that day was at a place that is situated within Gibraltar and a parent or guardian of his was included, in respect of that address, in the register in force on that day.
15.—(1) A declaration made by an elector under and in accordance with this paragraph is referred to in these Regulations as an “overseas elector’s declaration”.
(2) A person registered in the register in pursuance of an overseas elector’s declaration is entitled to remain so registered until—
(a)the end of the period of 12 months beginning with the date when the entry in the register first takes effect,
(b)the declaration is cancelled under sub-paragraph (5), or
(c)any entry made in respect of him in the register takes effect otherwise than in pursuance of an overseas elector’s declaration,
whichever first occurs; and, where the entitlement of such a person to remain so registered terminates by virtue of this sub-paragraph, the registration officer shall remove that person’s entry from the register, unless he is entitled to remain registered in pursuance of a further overseas elector’s declaration.
(3) An overseas elector’s declaration must state—
(a)the date of the declaration,
(b)the declarant’s nationality confirming that he is a Commonwealth citizen,
(c)that the declarant is not resident in Gibraltar on the relevant date, and
(d)when he ceased to be so resident or, in the case of a person relying on registration in pursuance of a service declaration, when he ceased to have a service qualification or, if later, ceased to be so resident,
and must also satisfy the requirements of sub-paragraph (4) and paragraph 14 of Schedule 1 to the [F12004 Act].
(4) An overseas elector’s declaration must—
(a)show which set of conditions in paragraph 14 the declarant claims to satisfy,
(b)in the case of the first set of conditions, specify the address in respect of which he was registered, and
(c)in the case of the second set of conditions, specify—
(i)the date of the declarant’s birth,
(ii)the address in Gibraltar at which he was resident, and
(iii)the name of the parent or guardian on whose registration in respect of that address he relies, and whether the person named was a parent or guardian,
and may not, in the case of either set of conditions, specify more than one such address; and if the declarant makes more than one such declaration bearing the same date and specifying different addresses in Gibraltar as the address in respect of which he was registered or, as the case may be, at which he was resident the declarations shall be void.
(5) An overseas elector’s declaration may be cancelled at any time by the declarant.
(6) An overseas elector’s declaration shall be of no effect unless it is received by the registration officer concerned within the period of three months beginning with the relevant date.
(7) For the purposes of paragraph 12, where a person is registered in the register in pursuance of an overseas elector’s declaration, it shall be conclusively presumed that he was not resident in Gibraltar on the relevant date.
(8) In this paragraph “the relevant date” has the meaning given by paragraph 14(1).
Textual Amendments
F1Words in Sch. 4 substituted (30.1.2009) by The European Parliamentary Elections (Amendment) Regulations 2009 (S.I. 2009/186), regs. 1(2), 42(3)