The Representation of the People (Amendment) Regulations 2009

Registration of European Parliamentary overseas electors in England and Wales

4.—(1) Part I of Schedule 4 (application with modifications of provisions of the 1983 Act for registration of European Parliamentary overseas electors) is amended as follows.

(2) In the entry in column 2 relating to section 9(1) (register of electors) insert in the appropriate place “In subsection (2) omit “Subject to section 9B(3) below,”.”.

(3) After the entry in column 1 relating to section 9 (register of electors) insert “Section 10A(2) (maintenance of registers: registration of electors), subsections (1)(a), (3), (3A), (4) and (9)”.

(4) In the entry in column 2 relating to section 10A (maintenance of registers: registration of electors) insert—

“In subsection (3) after “register in question” insert “or by a person entitled to vote as an elector at an election to the European Parliament by virtue of section 8 of the European Parliamentary Elections Act 2002(3)”.

In subsection (4) for “Subsections (1) and (3) above” substitute “Subsections (1)(a) and (3) above”.

In subsection (4) omit paragraph (b).

In subsection (9) omit the definition of “resident”.”.

(5) In the entry in column 2 relating to section 13A(4) (alteration of registers) insert—

“In subsection (1)(b) for “by virtue of any provision of this Part of this Act” substitute “by virtue of any provision of the Representation of the People Act 1985”.

In subsection (1)(c) omit “or 58”.

In subsection (2)(b) for “sections 13B(1) and 13BA(1)” substitute “section 13B(1)”.

For subsection (3) substitute:

“(3) Subsection (2) above does not require a registration officer to issue a notice under that subsection in a case where (apart from this subsection) that subsection would require the notice to be issued—

(a) at the beginning of the month containing the date on which revised versions of the registers of parliamentary and local government electors are next due to be published in accordance with section 13(1) or (3) as it has effect for the purposes of such registers, or

(b) at the beginning of either of the two months preceding that containing the date on which revised versions of the registers of parliamentary and local government electors are next due to be published in accordance with section 13(1)(a) as it has effect for the purposes of such registers,

and in such a case the alteration in question shall be made in those revised versions of the registers.”.

In subsection (4) omit “or 13BA(3), (6) or (9)”.

In subsection (5) omit “or 13BA”.

In subsection (6) omit from “; and section 119 below shall apply” to the end.”.

(6) In the entry in column 2 relating to section 13B(5) (alteration of registers: pending elections) insert in the appropriate place “Omit subsection (6).”.

(7) For the entry in column 2 relating to section 56(6) (registration appeals: England and Wales) substitute—

“In subsection (1) for paragraph (aa) substitute:

“(aa) from any decision under section 2(2)(aa) of the Representation of the People Act 1985 of the registration officer that a person registered in a register of parliamentary electors in pursuance of a European Parliamentary overseas elector’s declaration was not entitled to be registered.”.

In subsection (1) omit paragraphs (ab) and (b).”.

(1)

Section 9 was substituted by the Representation of the People Act 2000 (c. 2), Schedule 1, paragraph 3 and amended by the Electoral Administration Act 2006 (c. 22), section 9(2), Schedule 1, Part 1, paragraph 4 and Schedule 2.

(2)

Section 10A was substituted by the Representation of the People Act 2000 (c. 2), Schedule 1, paragraph 4. Subsection (3A) was inserted by the Electoral Administration Act 2006 (c. 22), section 12(4).

(3)

2002 c. 24. Section 8 was amended by the European Parliament (Representation) Act 2003 (c. 7), section 15(3).

(4)

Section 13A was substituted by the Representation of the People Act 2000 (c. 2), Schedule 1, paragraph 6 and amended by the Electoral Administration Act 2006 (c. 22), Schedule 1, Part 2, paragraph 32 and the Northern Ireland (Miscellaneous Provisions) Act 2006, section 5(2) and Schedule 4, Part 1, paragraph 4.

(5)

Section 13B was substituted by the Representation of the People Act 2000 (c. 2), Schedule 1, paragraph 6 and amended by the Electoral Administration Act 2006 (c. 22), section 11; there have been other amendments but none is relevant.

(6)

Section 56 was amended by the Representation of the People Act 1985 (c. 50), Schedule 2, Part 1, paragraph 1, Schedule 4, paragraph 16 and Schedule 5, the Representation of the People Act 2000 (c. 2), Schedule 1, paragraph 14 and Schedule 7, Part 1, and the Electoral Administration Act 2006 (c. 22), sections 11(5) and 12(8), Schedule 1, Part 1, paragraph 8.