Representation of the People Act 1985 (c. 50)

Extension of franchise to British citizens overseas U.K.

[F1 1A Qualification as an overseas elector in respect of a constituency U.K.

(1) For the purposes of this Act and the principal Act, a person qualifies as an overseas elector in respect of a constituency on the declaration date if—

(a) on that date the person is not resident in the United Kingdom, and

(b) the person satisfies the previous registration condition or the previous residence condition.

(2) A person satisfies the previous registration condition if—

(a) the person has at some time in the past been entered in an electoral register in respect of an address at a place that is situated within the constituency, and

(b) subsequent to that entry ceasing to have effect, the person has not been included in any electoral register (whether in respect of the address mentioned in paragraph (a) or any other address).

(3) A person satisfies the previous residence condition if—

(a) the person has at some time in the past been resident in the United Kingdom,

(b) on the last day on which the person was resident in the United Kingdom, the person—

(i) was resident at an address at a place that is situated within the constituency, or

(ii) was not so resident but could have made a declaration under section 7B of the principal Act (a “declaration of local connection”) in respect of such an address, and

(c) subject to section 1B(4), the person has not at any time been included in any electoral register (whether in respect of the address mentioned in paragraph (b) or any other address).

(4) For the purposes of subsection (3)(b)(ii), it is to be assumed that section 7B of the principal Act was in force on the last day on which the person was resident in the United Kingdom.

(5) In this section—

• “declaration date” has the same meaning as in section 1;

• “electoral register” means—

  (a)

  a register of parliamentary electors, or

  (b)

  a register of local government electors (including a register of electors prepared for the purposes of local elections (within the meaning of the Electoral Law Act (Northern Ireland) 1962)).]

Textual Amendments

F1 Ss. 1-1E substituted for ss. 1, 2 (6.2.2023 for specified purposes) by Elections Act 2022 (c. 37), ss. 14(1), 67(1); S.I. 2023/115, reg. 2(b)(i)