PART 3Provisions related to the franchise change for EU citizens
Amendment of Part 3 of the Representation of the People (England and Wales) Regulations 200115
1
Part 3 of the Representation of the People (England and Wales) Regulations 2001 (registration) is amended as follows.
2
In regulation 24A (evidence as to age and nationality: registration of parliamentary electors and local government electors in England) (as inserted by regulation 5(3)), in paragraph (3)(d)(ii) for “or a relevant citizen of the Union” substitute “a qualifying EU citizen or an EU citizen with retained rights”
39.
3
In regulation 26 (applications for registration), in paragraph (5)(za) (as inserted by regulation 5(7)(c)(i)) after “(3)(ba)” insert “to (bc)”
.
Amendment of the Representation of the People (Franchise Amendment and Eligibility Review) Regulations 202316
1
The Representation of the People (Franchise Amendment and Eligibility Review) Regulations 2023 are amended as follows.
2
In regulation 3 (interpretation)—
a
after the definition of “eligibility criteria” insert—
“notice of alteration” means a notice under section 13A(2), 13AB(2), 13B(3), (3B) or (3D) or 13BC(3) or (6) of the 1983 Act;
b
in the definition of “relevant person”, in paragraph (b)(i)(aa), after “England” insert “or Wales”
.
3
In regulation 11 (confirmation of continued registration following review), after paragraph (2) insert—
3
The requirement under regulation 36(2)(b) of the 2001 Regulations for the registration officer to send a copy of a notice of alteration to any person affected by its contents does not apply in respect of a notice of alteration resulting from the determination mentioned in paragraph (1).
4
In regulation 12 (procedure for removal following response to communications), after paragraph (4) insert—
5
The requirement under regulation 36(2)(b) of the 2001 Regulations for the registration officer to send a copy of a notice of alteration to any person affected by its contents does not apply in respect of a notice of alteration resulting from the determination mentioned in paragraph (4).
5
In regulation 13 (confirmation of ceased registration following non-response to communications), after paragraph (3) insert—
4
The requirement under regulation 36(2)(b) of the 2001 Regulations for the registration officer to send a copy of a notice of alteration to any person affected by its contents does not apply in respect of a notice of alteration resulting from the determination mentioned in paragraph (2)(a).
6
In regulation 20 (confirmation of continued eligibility following review), after paragraph (2) insert—
3
The requirement under regulation 36(2)(b) of the 2001 Regulations for the registration officer to send a copy of a notice of alteration to any person affected by its contents does not apply in respect of a notice of alteration resulting from the determination mentioned in paragraph (1).
7
In regulation 26 (information about operation of procedures for reviewing eligibility to vote in PCC elections), in paragraph (2), in sub-paragraph (g) for “regulation 7(2)” substitute “regulation 16(2)”
.
Transitional provision for certain elections countermanded or abandoned etc. and re-run on or after 7th May 202417
1
This regulation applies where—
a
the date of poll for a relevant election is on or before 6th May 2024,
b
an election is ordered to be held under section 39 of the Representation of the People Act 1983 (local elections void etc in England and Wales)40 (“the re-run election”) as a result of the election referred to in sub-paragraph (a) having not been duly held, or having failed, or having become void, and
c
the date of poll for the re-run election is on or after 7th May 2024.
2
In paragraph (1) “relevant election” means—
a
a local government election within the meaning of section 203(1) of the Representation of the People Act 198341;
b
a mayoral election within the meaning of regulation 2 of the Local Authorities (Mayoral Elections) (England and Wales) Regulations 200742;
c
a combined authority mayoral election within the meaning of regulation 2 of the Combined Authorities (Mayoral Elections) Order 201743.
3
For the purposes of the re-run election—
a
the amendments made by paragraphs 3 to 5 of Schedule 8 to the Elections Act 2022 are to be disregarded when determining a candidate’s qualifications for election to and holding the office to which the re-run election relates;
b
the appropriate prescribed candidate consent to nomination form applies as if, in the paragraph on the front of the form that begins “I declare that on the day of my nomination”, for “, a qualifying EU citizen, or an EU citizen with retained rights” there were substituted “or a citizen of a member State of the European Union”
.
4
In paragraph (3) “the appropriate prescribed candidate consent to nomination form” means (as the case may be)—
a
the Form of Candidate’s Consent to Nomination in Part 7 of Schedule 2 or 3 to the Local Elections (Principal Areas) (England and Wales) Rules 200644,
b
the Form of Candidate’s Consent to Nomination in Part 7 of Schedule 2 or 3 to the Local Elections (Parishes and Communities) (England and Wales) Rules 200645,
c
Form 4 (candidates consent to nomination) in Schedule 10 to the Greater London Authority Elections Rules 200746,
d
Form 2A (candidate’s consent to nomination for use at mayoral elections in England) in the Appendix of Forms in Schedule 1 or 3 to the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007, or
e
Form 2 (candidate’s consent to nomination) in Part 9 of Schedule 1 or 3 to the Combined Authorities (Mayoral Elections) Order 2017.
Transitional provision for persons elected following a re-run election18
1
This regulation applies where—
a
a person (“P”) is duly elected at a re-run election described in regulation 17(1), and
b
apart from this regulation, P would be disqualified from holding the office to which P has been elected as a result of the amendments made by paragraphs 3 to 5 of Schedule 8 to the Elections Act 2022.
2
The amendments made by paragraphs 3 to 5 of Schedule 8 to the Elections Act 2022 do not affect P’s qualification to hold that office until the end of the term in that office which begins upon, or from a date determined by reference to, the date on which P was duly elected at the re-run election.