Local Government Elections (Changes to the Franchise and Qualification of Members) Regulations 1995

JurisdictionUK Non-devolved
CitationSI 1995/1948

1995 No. 1948

REPRESENTATION OF THE PEOPLE

The Local Government Elections (Changes to the Franchise and Qualification of Members) Regulations 1995

Made 23th July 1995

Coming into force in accordance with regulation 1(2)

Whereas a draft of these Regulations has been approved by resolution of each House of Parliament in pursuance of paragraph 2(2) of Schedule 2 to the European Communities Act 19721;

Now, therefore, the Secretary of State, being a Minister designated2for the purposes of subsection (2) of section 2 of that Act in relation to measures relating to the right of citizens of the Union to vote at and stand as a candidate at local government elections in England and Wales and Scotland and local elections in Northern Ireland, in exercise of the powers conferred on him by that subsection, hereby makes the following Regulations:

S-1 Citation and commencement

Citation and commencement

1.—(1) These Regulations may be cited as the Local Government Elections (Changes to the Franchise and Qualification of Members) Regulations 1995.

(2) Regulations 3 and 5(1) of, and Schedule 1 to, these Regulations shall come into force on 1st January 1996 and the remainder of these Regulations shall come into force on the fourteenth day after the day on which they are made.

S-2 Interpretation

Interpretation

2. In these Regulations—

“the Act of 1983” means the Representation of the People Act 19833;

“the Act of 1989” means the Elected Authorities (Northern Ireland) Act 19894.

S-3 Changes to the qualification for election and holding office as a member of a local authority

Changes to the qualification for election and holding office as a member of a local authority

3.—(1) In section 79(1) of the Local Government Act 19725, after the word “Ireland” there shall be inserted “or a relevant citizen of the Union”, and after subsection (2) of that section there shall be inserted:

S-2A

“2A In this section the expression “citizen of the Union” shall be construed in accordance with Article 8.1 of the Treaty establishing the European Community6(as amended by Title II of the Treaty on European Union7), and “relevant citizen of the Union” means such a citizen who is not a Commonwealth citizen or a citizen of the Republic of Ireland.”.

(2) In section 29(1) of the Local Government (Scotland) Act 19738, after the word “Republic” there shall be inserted “or a relevant citizen of the Union” and in subsection (2) of that section, after the word “above”, there shall be inserted:

““citizen of the Union” shall be construed in accordance with Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union) and “relevant citizen of the Union” means such a citizen who is not a Commonwealth citizen or a citizen of the Republic of Ireland; and”.

(3) In section 3(1) of the Local Government Act (Northern Ireland) 19729, after the word “Ireland” there shall be inserted “or a relevant citizen of the Union”, and in subsection (2) of that section, after the word “section” there shall be inserted:

““citizen of the Union” shall be construed in accordance with Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union) and “relevant citizen of the Union” means such a citizen who is not a Commonwealth citizen or a citizen of the Republic of Ireland; and”.

(4) In section 5(1) of the City of London (Various Powers) Act 195710, after the word “Ireland” there shall be inserted “or a relevant citizen of the Union”.

S-4 Changes to the franchise

Changes to the franchise

4.—(1) In—

(a)

(a) section 2(1)(b)(ii) of the Act of 1983, and

(b)

(b) section 1(1)(b)(ii) of the Act of 1989,

in each case the word “either” shall be omitted, and after the word “Ireland”, there shall be inserted in each case “or a relevant citizen of the Union”.

(2) In—

(a)

(a) section 202(1) of the Act of 1983, and

(b)

(b) section 10(1) of the Act of 1989,

there shall be inserted at the appropriate place:

““citizen of the Union” shall be construed in accordance with Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union), and “relevant citizen of the Union” means such a citizen who is not a Commonwealth citizen or a citizen of the Republic of Ireland;”.

(3) In section 4(1) of the City of London (Various Powers) Act 1957 there shall be inserted at the appropriate place:

““citizen of the Union” shall be construed in accordance with Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union) and “relevant citizen of the Union” means such a citizen who is not a Commonwealth citizen or a citizen of the Republic of Ireland;”.

(4) In section 6(1) of the said Act of 1957, the word “either” shall be omitted, and after the word “Ireland” there shall be inserted “or, in the case of a ward election for common councilmen, relevant citizens of the Union”.

S-5 Consequential amendments

Consequential amendments

5.—(1) The amendments set out in Schedule 1 to these Regulations, which are consequential upon the changes to the qualification of members made by regulation 3 of these Regulations, shall have effect.

(2) The amendments set out in Schedule 2 to these Regulations, which are consequential upon the changes to the franchise made by regulation 4 of these Regulations, shall have effect.

Michael Howard

One of Her Majesty’s Principal Secretaries of State

Home Office

23rd July 1995

SCHEDULE 1

Regulation 5(1)

AMENDMENTS CONSEQUENTIAL UPON THE CHANGES TO THEQUALIFICATION OF MEMBERS

1 Primary legislation

Primary legislation

SCH-1.1

1. In section 130(1) (interpretation) of the Electoral Law Act (Northern Ireland) 196211, there shall be inserted at the appropriate place:

““citizen of the Union” shall be construed in accordance with Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union), and “relevant citizen of the Union” means such a citizen who is not a Commonwealth citizen or a citizen of the Republic of Ireland;”.

SCH-1.2

2. In Form 2 (candidate’s consent to nomination) in the Appendix of Forms in Schedule 5 to the said Act of 196212, for the words “or a person to whom section 121 of the Electoral Law Act (Northern Ireland) 1962 applies” there shall be substituted “, citizen of the Republic of Ireland or a citizen of another Member State of the European Community”.

2 Subordinate legislation

Subordinate legislation

SCH-1.3

3. At the end of rule 4 (interpretation) of—

(c) the Scottish Local Elections Rules 198615,

in each case there shall be inserted:

“, and “citizen of the Union” shall be construed in accordance with Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union), and “relevant citizen of the Union” means such a citizen who is not a Commonwealth citizen or a citizen of the Republic of Ireland.”.

SCH-1.4

4. In the form of candidate’s consent to nomination in the Appendix of Forms in Schedule 2 to each of the Rules of 1986 referred to in paragraph 3(a) and (b) of this Schedule, for the words “or citizen of the Republic of Ireland” there shall be substituted “, a citizen of the Republic of Ireland or a citizen of another Member State of the European Community”.

SCH-1.5

5. In the form of nomination paper in the Appendix of Forms in Schedule 2 to the Rules referred to in paragraph 3(c) of this Schedule, for the words from “British” to “Republic” in both places where they occur there shall be inserted “Commonwealth citizen or citizen of the Republic of Ireland or a citizen of another Member State of the European Community”.

SCHEDULE 2

Regulation 5(2)

AMENDMENTS CONSEQUENTIAL UPON CHANGES TO THE FRANCHISE

1 Primary legislation

Primary legislation

The Electoral Law Act (Northern Ireland) 1962

SCH-2.1

1. In rule 34(6)(b) of the Local Elections Rules contained in Schedule 5 to the Electoral Law Act (Northern Ireland) 1962, for the words from “the United” to the end there shall be substituted “a Member State of the European Community;”.

The Representation of the People Act 1983

SCH-2.2

2. The Act of 1983 shall be amended in accordance with paragraphs 3 to 5 below.

SCH-2.3

3. In—

(a) section 7(4)(d)(v) and (7)(c);

(b) section 16(e);

(c) section 17(1)(c); and

(d) section 42(3)(c),

after the word “Ireland”, there shall be inserted in each case “or a relevant citizen of the Union”.

SCH-2.4

4. In—

(a) section 7(9)(a), and

(b) section 15(5)(a),

after the words “parliamentary elections”, there shall be inserted in each case “, or by a relevant citizen of the Union”.

SCH-2.5

5. For section 49(5)16, there shall be substituted:

SCH-2.5

“5 A person registered as a parliamentary or local government elector, or entered in the list of proxies, shall not be excluded from voting on any of the following grounds: but this shall not prevent the rejection of the vote on a scrutiny, or affect his liability to any penalty for voting.

The grounds are—

(a) that he is not of voting age;

(b) that he is not, or, on the qualifying date or the date of his appointment (as the case may be), was not—

(i) a Commonwealth citizen;

(ii) a citizen of the Republic of Ireland;

(iii) in the case of a person registered as a parliamentary elector in pursuance of an overseas elector’s declaration, a British citizen;

(iv) in the case of a person registered as a local government elector or entered in the list of proxies by virtue of being a relevant citizen of the Union, a relevant citizen of the Union;

(c) that he is, or, on the qualifying date or the date of his appointment (as the case may be), was, otherwise subject to any other legal incapacity to vote.”.

SCH-2.6

6. The amendments made by paragraphs 3 to 5 of this Schedule shall also have effect in...

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