The Service Voters’ Registration Period Order 2006

Statutory Instruments

2006 No. 3406

representation of the people

The Service Voters’ Registration Period Order 2006

Made

18th December 2006

Coming into force in accordance with article 1(2)

The Secretary of State makes the following Order in exercise of the powers conferred by section 15(9) and (10) of the Representation of the People Act 1983(1).

In accordance with section 15(11)(a) of that Act he has consulted the Electoral Commission.

In accordance with section 15(11)(b) of that Act a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Citation, commencement and extent

1.—(1) This Order may be cited as the Service Voters’ Registration Period Order 2006.

(2) This Order shall come into force on the fourteenth day after the day on which it was made.

(3) This Order does not extend to Northern Ireland.

Persons registered in a register of electors pursuant to a service declaration

2.  Section 15(2)(a) of the Representation of the People Act 1983 shall have effect as regards the persons mentioned in section 14(1)(a) and (d) of that Act (members of the forces and their spouses or civil partners who have made a service declaration and are registered or entitled to be registered as electors in pursuance of it)(2), as if for “the period of 12 months” there were substituted “the period of 3 years”.

Consequential amendment to the Representation of the People (England and Wales) Regulations 2001

3.  For regulation 25(3) in the Representation of the People (England and Wales) Regulations 2001(3) substitute—

“(3) In paragraph (2) “the relevant period” means—

(a) except in cases to which sub-paragraph (b) applies, the period beginning nine months after the date when the existing entry in a register of the person in question first takes effect and ending ten months after that date, and

(b) in the case of a person mentioned in section 14(1)(a) or (d) of the 1983 Act (members of the forces and their spouses or civil partners registered via the service declaration procedure), the period beginning 33 months after the date when the existing entry in a register of the person in question first takes effect and ending 34 months after that date.”

Consequential amendment to the Representation of the People (Scotland) Regulations 2001

4.  For regulation 25(3) in the Representation of the People (Scotland) Regulations 2001(4) substitute—

“(3) In paragraph (2) “the relevant period” means—

(a) except in cases to which sub-paragraph (b) applies, the period beginning nine months after the date when the existing entry in a register of the person in question first takes effect and ending ten months after that date, and

(b) in the case of a person mentioned in section 14(1)(a) or (d) of the 1983 Act (members of the forces and their spouses or civil partners registered via the service declaration procedure), the period beginning 33 months after the date when the existing entry in a register of the person in question first takes effect and ending 34 months after that date.”

Bridget Prentice

Parliamentary Under Secretary of State

18th December 2006

Department for Constitutional Affairs

EXPLANATORY NOTE

(This note is not part of the Order)

This Order extends the duration of a service voter’s registration as an elector from 12 months to 3 years. It applies only to persons whose service qualification comes from being a member of the forces or the spouse or civil partner of such a member and who are registered pursuant to a service declaration.

Articles 3 and 4 make a consequential amendment to regulation 25(3) in both the Representation of the People (England and Wales) Regulations 2001 and the Representation of the People (Scotland) Regulations 2001. The service voters to which this Order applies will be reminded to renew their service declarations three months before the end of the three year period.

(1)

1983 c.2. Section 15 was amended by paragraph 8 of Schedule 1 to the Representation of the People Act 2000 (c.2) and by paragraph 4(b) of Schedule 2 to S.I. 1995/1948. Subsections (9) to (12) of that section were added by section 13(1) of the Electoral Administration Act 2006 (c.22).

(2)

Section 14 was amended by paragraph 7 of Schedule 1 to the Representation of the People Act 2000 and paragraph 80 of Schedule 27 to the Civil Partnership Act 2004 (c.33).

(3)

S.I. 2001/341.

(4)

S.I. 2001/497(S.2).