The European Parliamentary Elections (Changes to the Franchise and Qualification of Representatives) Regulations 1994

Right to be registered

10.—(1) Subject to paragraphs (4) and (6) below, a relevant citizen of the Union who may be entitled to vote as an elector at a European Parliamentary election for which any register prepared under regulation 9 above is to be used is entitled to be registered in that register provided that the registration officer has received in respect of him an application and declaration made in writing in accordance with paragraphs (2) and (3) below (and subject to any provision imposing disqualification for registration as a European Parliamentary elector).

(2) An application under this regulation may be made by or on behalf of the relevant citizen of the Union (“the applicant”), shall be signed and dated by the person making it and shall state—

(a) the full name of the applicant and, where a person makes the application on behalf of the applicant, that person’s name and address;

(b) the address in respect of which the applicant claims to be registered and whether he will be or, as the case may be, is or was resident there on the qualifying date;

(c) in the case of an application in Northern Ireland, that the applicant will be or, as the case may be, was resident in Northern Ireland for the whole of the period of three months ending on that date;

(d) if the applicant will not or, as the case may be, is not or was not resident on the qualifying date at the address in respect of which he claims to be registered, whether he has made a service declaration or a patient’s declaration;

(e) if the applicant will be or, as the case may be, is or was a merchant seaman on the qualifying date, that fact; and

(f) either that the applicant is aged 18 years or over or, if not, the date of his birth.

(3) An application under this regulation shall include a declaration stating —

(a) the nationality of the applicant;

(b) the applicant’s address in the United Kingdom, if different from the address given under paragraph (2)(b) above;

(c) where the applicant’s name has been entered in a register of electors in a locality or constituency in the Member State of which he is a national, the name of the locality or constituency where, so far as he knows, his name was last so entered; and

(d) that the applicant will exercise any right which he has to vote at European Parliamentary elections at any such election only in the United Kingdom during the period for which the register to which the application relates remains in force.

(4) Subject to paragraph (5) below, a relevant citizen of the Union who on the qualifying date has a service qualification (within the meaning of regulation 13 below) is not entitled to be registered as mentioned in paragraph (1) above except in pursuance of a service declaration —

(a) made in accordance with section 15 of the Act of 1983, as applied by regulation 13 below, and

(b) in force on that date,

in addition to the application and declaration required by paragraphs (2) and (3) above.

(5) Paragraph (4) above does not apply to a relevant citizen of the Union who on the qualifying date is the wife or husband of a member of the forces if on that date—

(a) that citizen has no other service qualification;

(b) that citizen is resident in the United Kingdom; and

(c) no service declaration (made in accordance with section 15 of the Act of 1983, as applied by regulation 13 below) is in force in respect of that citizen.

(6) A relevant citizen of the Union who on the qualifying date is a voluntary mental patient (within the meaning of section 7 of the Act of 1983) is not entitled to be registered as mentioned in paragraph (1) above except in pursuance of a declaration—

(a) made in accordance with section 7(4) of the Act of 1983, as applied by regulation 14 below, and

(b) with reference to that date,

in addition to the application and declaration required by paragraphs (2) and (3) above.

The requirement in this paragraph for a patient’s declaration is without prejudice to the registration of a voluntary mental patient by virtue of his residence at an address other than the mental hospital (within the meaning of section 7 of the Act of 1983, as applied by regulation 14 above) in which he is a patient in any case in which he would be entitled to be so registered apart from this paragraph and section 7(4) to (8) of the Act of 1983, as applied by regulation 14 below.

(7) A relevant citizen of the Union is entitled to be registered in the register prepared under regulation 9 above if he will attain voting age before the end of the twelve months following the day by which the register is required to be published; but if he will not be of voting age on the first day of those twelve months —

(a) his entry in the register shall give the date on which he will attain that age; and

(b) until the date given in the entry he shall not by virtue of the entry be treated as an elector for any purposes other than purposes of an election at which the day appointed for election is that or a later date.

(8) The registration officer shall supply free of charge as many copies of forms for use in connection with applications and declarations under paragraphs (2) and (3) above as appear to that officer reasonable in the circumstances to any person who satisfies that officer of his intention to use the forms in connection with the registration of relevant citizens of the Union as European Parliamentary electors.

(9) Except where, by virtue of the Schedule to these Regulations, the procedure in respect of claims and objections under the Regulations of 1986, the Regulations (Scotland) of 1986 or the Regulations (Northern Ireland) of 1986, as the case may be, applies (ad the applicant, or a person acting on his behalf, is thereby notified whether an application to be registered is successful), the registration officer shall inform the applicant or the person who made the application on the applicant’s behalf if he decides to reject the application and his reasons for so doing.

(10) In this regulation, “locality or constituency” has the same meaning as it has in the directive of the Council of the European Communities No. 93/109/EC.