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Representation of the People Act 1985
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Representation of the People Act 1985, Section 1B is up to date with all changes known to be in force on or before 01 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F11BBritish citizens overseas: entitlement to be registeredU.K.
(1)A person is entitled to be registered in a register of parliamentary electors in pursuance of a declaration made by the person under and in accordance with section 1C (an “overseas elector’s declaration”) if the following two conditions are satisfied.
(2)The first condition is that the register is for the constituency or part of the constituency within which is situated the place of the address specified in the declaration by virtue of—
(a)section 1C (2) (a) (where the person is seeking to be registered in reliance on the previous registration condition), or
(b)section 1C (3) (a) or (4) (where the person is seeking to be registered in reliance on the previous residence condition).
(3)The second condition is that the registration officer concerned is satisfied that, on the date on which the person makes the declaration, the person qualifies as an overseas elector in respect of the constituency.
(4)Where—
(a)a person applies to be registered in a register of parliamentary electors in reliance on the previous residence condition, and
(b)the registration officer concerned considers that insufficient evidence is available for the purpose of determining whether the person has at any time been included in any electoral register (within the meaning of section 1A),
the officer may disregard section 1A(3)(c) in determining whether the person satisfies the previous residence condition.
(5)An overseas elector’s declaration made by a person is of no effect unless received by the registration officer concerned within the period of 3 months beginning with the date on which the person makes the declaration.
(6)For the purposes of section 1A, where a person is registered in a register of parliamentary electors for a constituency or part of a constituency in pursuance of an overseas elector’s declaration, it is to be conclusively presumed that the person was not resident in the United Kingdom on the date on which the person made the declaration.
(7)See also sections 10ZC and 10A of the principal Act, which (among other things) contain provision about the making of applications for registration.]
Textual Amendments
F1Ss. 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)
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