C5C8C9C11C10C12C13C15C16 Part I Parliamentary and Local Government Franchise and its Exercise

Annotations:
Modifications etc. (not altering text)

Parliamentary and local government franchise

F11 Parliamentary electors.

1

A person is entitled to vote as an elector at a parliamentary election in any constituency if on the date of the poll he—

C6a

is registered in the register of parliamentary electors for that constituency;

b

is not subject to any legal incapacity to vote (age apart);

c

is either a Commonwealth citizen or a citizen of the Republic of Ireland; and

C7d

is of voting age (that is, 18 years or over).

2

A person is not entitled to vote as an elector—

a

more than once in the same constituency at any parliamentary election; or

b

in more than one constituency at a general election.

F22 Local government electors.

1

A person is entitled to vote as an elector at a local government election in any electoral area if on the date of the poll he—

a

is registered in the register of local government electors for that area;

b

is not subject to any legal incapacity to vote (age apart);

c

is a Commonwealth citizen, a citizen of the Republic of F21Ireland F11, a relevant citizen of the Union or (in Wales) a qualifying foreign citizenF21Ireland or—

i

in relation to a local government election in England, a qualifying EU citizen or an EU citizen with retained rights, or

ii

in relation to a local government election in Wales, a relevant citizen of the Union or a qualifying foreign citizen; and

d

is of voting age (that is, 18 years or over F12except in Wales (see subsection (1A))).

F131A

In Wales, voting age is 16 years or over.

2

A person is not entitled to vote as an elector—

a

more than once in the same electoral area at any local government election; or

b

in more than one electoral area at an ordinary election for a local government area which is not a single electoral area.

F192 Local government electors.

1

A person is entitled to vote as an elector at a local government election in any electoral area if on the date of the poll he—

a

is registered in the register of local government electors for that area;

b

is not subject to any legal incapacity to vote (age apart);

c

is a Commonwealth citizen, a citizen of the Republic of Ireland or F17—

i

except in Scotland, a relevant citizen of the Union;

F18ii

in Scotland, a qualifying foreign national, and

d

is of voting age (that is, 18 years or over F14, except in Scotland (see subsection (1A))).

F201A

In Scotland, voting age is 16 years or over.

2

A person is not entitled to vote as an elector—

a

more than once in the same electoral area at any local government election; F15...

b

in more than one electoral area at an ordinary election for a local government area which is not a single electoral area F16, or

c

in more than one electoral area at an election of councillors for any local government area in Scotland when the polls for more than one local government election are held on the same day.

3 Disfranchisement of offenders in prison etc.

C1C141

A convicted person during the time that he is detained in a penal institution in pursuance of his sentence F3or unlawfully at large when he would otherwise be so detained is legally incapable of voting at any parliamentary or local government electionF9, unless subsection (1A) applies to that person.

F101A

A convicted person is not legally incapable of voting at a local government election in Scotland by virtue of subsection (1) during the time that the person is detained in a penal institution in pursuance of a sentence imposed for a term not exceeding 12 months.

1B

In calculating the term of a sentence of a convicted person for the purpose of subsection (1A), terms that are consecutive or concurrent to any extent are to be treated as a single term if the sentences were imposed on that person—

a

on the same occasion, or

b

on different occasions but the convicted person was not released (other than on temporary release) at any time during the period beginning with the first occasion and ending with the last.

C12

For this purpose—

C2a

“convicted person” means any person found guilty of an offence (whether under the law of the United Kingdom or not), including a person found guilty by a F4court of a service offence within the meaning of the Armed Forces Act 2006, but not including a person dealt with by committal or other summary process for contempt of court; and

b

“penal institution” means an institution to which the M1Prison Act 1952, the M2Prisons (Scotland) Act 1952 or the M3Prison Act (Northern Ireland) 1953 applies; and

c

a person detained for default in complying with his sentence shall not be treated as detained in pursuance of the sentence, whether or not the sentence provided for detention in the event of default, but a person detained by virtue of a conditional pardon in respect of an offence shall be treated as detained in pursuance of his sentence for the offence.

3

It is immaterial for the purposes of this section whether a conviction or sentence was before or after the passing of this Act.

F53A Disfranchisement of offenders detained in mental hospitals.

C31

A person to whom this section applies is, during the time that he is—

a

detained at any place in pursuance of the order or direction by virtue of which this section applies to him, or

b

unlawfully at large when he would otherwise be so detained,

legally incapable of voting at any parliamentary or local government election.

2

As respects England and Wales, this section applies to the following persons—

a

any person in respect of whom—

i

an order has been made under section 37, 38, 44 or 51(5) of the M4Mental Health Act 1983, or

ii

a direction has been given under section 45A, 46 or 47 of that Act;

b

any person in respect of whom an order has been made under section 5(2)(a) of the M5Criminal Procedure (Insanity) Act 1964; and

c

any person in respect of whom the Court of Appeal has made an order under—

i

section 6(2)(a) of the M6Criminal Appeal Act 1968, or

ii

section 14(2)(a) of that Act.

3

As respects Scotland, this section applies to the following persons—

a

any person in respect of whom an order has been made under section 53, 54, 57(2)(a) or (b) F6, 57A(2) or 58 of the M7Criminal Procedure (Scotland) Act 1995; and

b

any person in respect of whom a direction has been given under F7section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 or section 59A of that Act of 1995.

C34

As respects Northern Ireland, this section applies to the following persons—

a

any person in respect of whom—

i

an order has been made under Article 44, 45, 50A(2)(a) or 57(5) of the M8Mental Health (Northern Ireland) Order 1986, or

ii

a direction has been given under Article 52 or 53 of that Order; and

b

any person in respect of whom the Court of Appeal has made an order under—

i

section 11(1)(b) or (2)(b) of the M9Criminal Appeal (Northern Ireland) Act 1980, or

ii

section 13(5A) of that Act.

C4F85

The reference in subsection (2)(a)(i) to an order under section 37 or 38 of the Mental Health Act 1983 includes such an order made by virtue of Schedule 4 to the Armed Forces Act 2006 (including as applied by section 16(2) of the Court Martial Appeals Act 1968).

C36

In this section any reference to a person in respect of whom any order or direction falling within subsection (2), (3) or (4) has been made or given includes a reference to a person in respect of whom any such order or direction is, by virtue of any enactment, to be treated as having been made or given in connection with his transfer to a place in the part of the United Kingdom mentioned in that subsection.

C37

Any reference in any of subsections (2) to (4) above to a provision of any Act or Order includes a reference to any earlier provision (whether of that Act or Order as originally enacted or made or as previously amended, or otherwise) to the like effect.