Elections Act 2022

(16B) (1) The returning officer must prepare the following lists for each polling station— (a) a list setting out, in relation to each elector allotted to the polling station, the elector’s date of birth as supplied pursuant to section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the Representation of the People Act 1983 (as applied by Schedule 1 to the Elected Authorities (Northern Ireland) Act 1989); (b) a list setting out, in relation to each person appointed to vote as proxy for an elector allotted to the polling station, the person’s date of birth as supplied pursuant to a relevant provision. (2) For the purposes of paragraph (1)(b), “relevant provision” means— (a) where the person is or will be registered in a register of local electors in Northern Ireland, section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the Representation of the People Act 1983 (as applied by Schedule 1 to the Elected Authorities (Northern Ireland) Act 1989), and (b) where the person is or will be registered in a register of local government electors in Great Britain and does not also fall within sub-paragraph (a), paragraph 9(1) of Part 1 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985. (3) A list prepared under paragraph (1) must include sufficient information for the purposes of enabling the presiding officer or a clerk at each polling station to make a decision under rule 34(3)(a)(ii) (decision whether specified document raises doubt as to voter’s apparent age). (4) A person to whom paragraph (5) applies must not, otherwise than in accordance with these rules or provision made by or under any other enactment— (a) permit a list prepared under paragraph (1) for a polling station to be inspected; (b) supply to any person a copy of a list prepared under paragraph (1) for a polling station or information contained in such a list; (c) make use of information contained in a list prepared under paragraph (1). (5) This paragraph applies to— (a) the returning officer; (b) a person to whom functions are delegated by the returning officer; (c) the presiding officer of the polling station; (d) a clerk or other officer appointed to work at the polling station.

10

In rule 22 (provision of polling stations), after paragraph (4) insert—

(5) The returning officer must ensure that each polling station contains an area in which voters can produce proof of identity in private.

11

In rule 23 (appointment of presiding officers and clerks), in paragraph (3), for the words from “except” to the end substitute

except— (a) order the arrest of any person or the exclusion or removal of any person from the polling station, (b) refuse to deliver a ballot paper under rule 32(3) or paragraph (4) of rule 34 (including that paragraph as applied by rule 35, 36 or 37), or (c) resolve doubts over identity as mentioned in paragraph (5A) of rule 34 (including that paragraph as applied by rule 35, 36 or 37).

12

• (1) Rule 26 (equipment of polling stations) is amended as follows.

• (2) In paragraph (3), after sub-paragraph (e) insert—

(f) the lists prepared for the polling station under rule 16B.

• (3) For paragraph (3A)(b) substitute—

(b) such equipment as it is reasonable to provide for the purposes of enabling, or making it easier for, relevant persons to vote independently in the manner directed by rule 34 (including in relation to voting secretly).

• (4) After paragraph (3A) insert—

(3B) In this rule, “relevant persons” means persons who find it difficult or impossible to vote in the manner directed by rule 34 because of— (a) blindness or partial sight, or (b) another disability. (3C) The Electoral Commission must give guidance to returning officers in relation to the duty imposed by paragraph (3A)(b). (3D) Before giving guidance under paragraph (3C), the Commission must consult such persons, including bodies representing the interests of relevant persons, as they consider appropriate. (3E) In performing the duty imposed by paragraph (3A)(b), a returning officer must have regard to guidance given under paragraph (3C).

• (5) Omit paragraphs (5) to (10).

13

• (1) Rule 32 (questions to be put to voters) is amended as follows.

• (2) In paragraph (1A), after “elector” insert “or as proxy”.

• (3) For paragraph (2) substitute—

(2) In the case of a person applying as proxy, the presiding officer may, and if required as mentioned in paragraph (1) above must, put the following additional question:— (a) “Have you already voted as proxy at this election, either here or elsewhere in this or any other district electoral area, on behalf of four or more electors?” and if the person answers that question in the negative, the following question:— (b) “Have you already voted as proxy at this election, either here or elsewhere in this or any other district electoral area, on behalf of two or more electors both or all of whom are registered in a register of local electors in Northern Ireland otherwise than by virtue of a service qualification?” and if the person answers that question in the affirmative, the following question:— (c) “Is the elector (or are the electors) for whom you are voting today at this election registered in a register of local electors in Northern Ireland otherwise than by virtue of a service qualification?”

• (4) After paragraph (2) insert—

(2A) Where a clerk— (a) gives a person the required information (see paragraph (6)), (b) puts any of the questions set out in paragraphs (1) to (2) above to the person, and (c) decides that the person has failed to answer the question satisfactorily, the clerk must refer the matter to the presiding officer, who must put the question to the person again.

• (5) For paragraph (3) substitute—

(3) Where the presiding officer— (a) gives a person the required information, (b) puts any of the questions set out in paragraphs (1) to (2) above to the person (whether or not following a referral under paragraph (2A)), and (c) decides that the person has failed to answer the question satisfactorily, the officer must refuse to deliver a ballot paper to the person.

• (6) After paragraph (5) insert—

(6) For the purposes of this rule, a person to whom any question is to be put is given “the required information” if the person is first informed that— (a) a ballot paper will be refused if the person fails to answer each question satisfactorily, and (b) giving false information may be an offence.

14

• (1) Rule 34 (voting procedure) is amended as follows.

• (2) For the heading substitute “Voting procedure and voter identification requirements”.

• (3) After paragraph (2) insert—

(2A) The presiding officer or clerk must arrange for the voter to produce a specified document in a private area of the polling station if the voter so requests, and, in such a case, must ensure that no other persons witness the production except as permitted by the voter.

• (4) In paragraph (3), for the words from “the officer” to the end substitute

— (a) the officer or clerk decides that— (i) the document, or (ii) the apparent age of the voter as compared with the voter’s age according to the date supplied as the date of the voter’s birth pursuant to a relevant provision (see paragraph (5C)), raises a reasonable doubt as to whether the voter is the elector or proxy that the voter claims to be, or (b) the officer or clerk reasonably suspects that the document is a forged document (see paragraph (6B)).

• (5) In paragraph (4)—

• (a) after “decides” insert “or reasonably suspects (as the case may be)”;

• (b) after “voter” insert “(subject to paragraph (5A))”.

• (6) In paragraph (5), after “decides” insert “or reasonably suspects (as the case may be)”.

• (7) After paragraph (5) insert—

(5A) There is an exception from paragraph (4) for cases within paragraph (3)(a) where— (a) a discrepancy between the name of the holder of a specified document and the name of the elector or proxy that the voter claims to be is resolved to the presiding officer’s satisfaction at the time of the application by the voter producing further proof of identity, and (b) the presiding officer has no other reason (arising from any document produced by the voter) to doubt that the voter is the elector or proxy that the voter claims to be. (5B) The refusal to deliver a ballot paper to a voter under paragraph (4) does not prevent the voter making a further application under paragraph (1), and paragraphs (1A) to (5A) apply on any further application. (5C) For the purposes of paragraph (3)(a)(ii), “relevant provision” means— (a) where the voter is registered in a register of local electors in Northern Ireland, section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the Representation of the People Act 1983 (as applied by Schedule 1 to the Elected Authorities (Northern Ireland) Act 1989), and (b) where the voter is registered in a register of local government electors in Great Britain and does not also fall within sub-paragraph (a), paragraph 9(1) of Part 1 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985.

• (8) In paragraph (6)—

• (a) for “one which” substitute “a document (in whatever form issued to the holder and regardless of any expiry date) which”;

• (b) in sub-paragraph (j), after “a” insert “Registered Blind SmartPass or”;

• (c) in sub-paragraph (k), after “a” insert “War Disablement SmartPass or”;

• (d) after sub-paragraph (k) insert—

(ka) a Half Fare SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1 April 2004;

;

• (e) after sub-paragraph (l) insert—

(m) a biometric immigration document issued in accordance with regulations under section 5 of the UK Borders Act 2007.

• (9) After paragraph (6A) insert—

(6B) In this rule, a “forged document” means a false document made to resemble a specified document. (6C) No person other than the presiding officer or a clerk may inspect a document produced as proof of a voter’s identity, except as permitted by the voter.

15

In rule 35 (votes marked by presiding officer), in paragraph (2), for the words from “reading” to the end substitute “but as if—

(a) references to delivering a ballot paper to a voter were to causing a voter’s vote to be marked on a ballot paper, and (b) in rule 34(5B), the reference to paragraph (1) of rule 34 were to paragraph (1) of this rule.

16

• (1) Rule 36 (voting by persons with disabilities) is amended as follows.

• (2) In paragraph (2)(b)(i), for “is a qualified person within the meaning of this rule” substitute “is aged 18 or over”.

• (3) In paragraph (2A), for the words from “reading” to the end substitute “but as if—

(a) references to delivering a ballot paper to a voter were to granting a voter’s application, and (b) in rule 34(5B), the reference to paragraph (1) of rule 34 were to paragraph (1) of this rule.

• (4) In paragraph (3), omit the words from “and a person” to the end.

17

In rule 37 (tendered ballot papers), in paragraph (2)—

• (a) for “paragraph (1)” substitute “this rule”;

• (b) after “34(1)” insert “, but as if the reference in rule 34(5B) to making a further application under rule 34(1) were to seeking a further time to mark a tendered ballot paper under the paragraph of this rule under which a previous such attempt was made”.

18

In rule 38 (refusal to deliver ballot paper), in paragraph (2), after “that” insert “and to rule 34(5B)”.

19

In rule 41(1) (sealing and delivery of documents etc), after sub-paragraph (da) insert—

(db) the lists provided to the polling station under rule 26(3)(f),

.

20

• (1) Rule 56A (destruction of home address forms) is amended as follows.

• (2) For “each candidate’s home address form” substitute “the documents mentioned in paragraph (1A)”.

• (3) After paragraph (1) insert—

(1A) The documents referred to in paragraph (1) are— (a) each candidate’s home address form; (b) the lists provided to the polling station under rule 26(3)(f).

• (4) In the heading, after “forms” insert “and date of birth lists”.

21

In form 1 in the Appendix of Forms (form of nomination paper), for note 3 substitute—

(3) Where a candidate commonly uses a name or names— (a) that are different from the candidate’s full names as stated on the nomination paper, or (b) in a different way from the candidate’s full names as stated on the nomination paper, the commonly used name or names may also appear on the nomination paper; but if they do so, the commonly used name or names (instead of any other name) will appear on the ballot paper.

22

In the Appendix of Forms, in form 10 (declaration for the companion of a voter with disabilities)—

• (a) in the section of the form beginning “I have been requested”, for the words from “I am entitled” to “does not apply” substitute “I am aged 18 or over”;

• (b) in the section of the form beginning “NOTE”, after “any person” insert “, except the elector to whom assistance is being provided,”.

23

Schedule 9 (electoral misdemeanours) is amended in accordance with paragraphs 24 to 27.

24

For paragraph 3 substitute—

(3) (1) A person is guilty of undue influence if the person carries out an activity falling within sub-paragraph (3) for the purpose of— (a) inducing or compelling an elector or proxy for an elector to vote in a particular way or to refrain from voting, or (b) otherwise impeding or preventing the free exercise of the franchise of an elector or of a proxy for an elector. (2) A person (“P”) is also guilty of undue influence if P carries out an activity falling within any of paragraphs (a) to (f) of sub-paragraph (3) on account of— (a) an elector or proxy for an elector having voted in a particular way or refrained from voting, or (b) P assuming an elector or proxy for an elector to have voted in a particular way or to have refrained from voting. (3) The following activities fall within this sub-paragraph— (a) using or threatening to use violence against a person; (b) damaging or destroying, or threatening to damage or destroy, a person’s property; (c) damaging or threatening to damage a person’s reputation; (d) causing or threatening to cause financial loss to a person; (e) causing spiritual injury to, or placing undue spiritual pressure on, a person; (f) doing any other act designed to intimidate a person; (g) doing any act designed to deceive a person in relation to the administration of an election. (4) For the purposes of sub-paragraphs (1) and (2) an activity is carried out by a person (“P”) if it is carried out— (a) by P, (b) by P jointly with one or more other persons, or (c) by one or more other persons on behalf of P and with P’s authority or consent.

25

After paragraph 5 insert—

(5ZA) (1) A person who is a political campaigner in respect of a local election is guilty of a corrupt practice if the person handles a postal voting document that has been issued to another person for use in that election. (2) But a person who handles a postal voting document for use in a local election is not guilty of a corrupt practice if— (a) the person is responsible for, or assists with, the conduct of that election (for example as a returning officer or a person working under the direction of a returning officer), (b) the person is engaged in the business of a postal operator, or (c) the person is employed or engaged in a role the duties of which include the handling of postal packets on behalf of members of an organisation or the occupants of a communal building, and the handling is consistent with the person’s duties in that capacity. (3) Nor is a person guilty of a corrupt practice if the person— (a) is the other person’s spouse, civil partner, parent, grandparent, brother, sister, child or grandchild, or (b) provides regular care for, or is employed or engaged by an organisation which provides care for, the other person. (4) It is a defence for a person charged with the corrupt practice to show that the person did not dishonestly handle the postal voting document for the purpose of promoting a particular outcome at a local election. (5) Where sufficient evidence is adduced to raise an issue with respect to the defence under sub-paragraph (4), the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not. (6) For the purposes of this paragraph a person is a political campaigner in respect of a local election if any of the following paragraphs applies— (a) the person is a candidate at the election; (b) the person is an election agent of a candidate at the election; (c) the person is employed or engaged by a person who is a candidate at the election for the purposes of that person’s activities as a candidate; (d) the person is a member of a registered political party and carries on an activity designed to promote a particular outcome at the election; (e) the person is employed or engaged by a registered political party in connection with the party’s political activities; (f) the person is employed or engaged by a person within any of paragraphs (a) to (e) to carry on an activity designed to promote a particular outcome at the election; (g) the person is employed or engaged by a person within paragraph (f) to carry on an activity designed to promote a particular outcome at the election. (7) In this paragraph— - “postal operator” has the same meaning as in Part 3 of the Postal Services Act 2011 (see section 27(3) to (5) of that Act); - “postal voting document” means a postal ballot paper, declaration of identity or envelope that has been issued to a person by the returning officer for the purpose of enabling the person to vote by post at a local election; - “registered political party” means a party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000. (8) For the purposes of this paragraph, an envelope— (a) that is not a postal voting document, but (b) that contains a postal ballot paper or declaration of identity that has been issued to a person for the purpose of enabling the person to vote by post at a local election, is to be treated as if it were a postal voting document that has been issued to the person for use in the election. (9) In this paragraph, any reference to a person who is “engaged” by another person, or to a person who provides care for another person, includes a reference to a person who is engaged or provides care otherwise than for payment or promise of payment. (10) For the purposes of sub-paragraph (3)(a), two people living together as if spouses of each other are treated as if they were spouses or civil partners of each other.

26

• (1) Paragraph 12A (illegal practices: voting offences) is amended as follows.

• (2) After sub-paragraph (1) insert—

(1A) A person (“P”) is guilty of an illegal practice if P applies for the appointment of a proxy to vote for P— (a) at a local election, where P knows that the person to be appointed is already appointed as proxy to vote at that election, or at local elections, for four or more other electors; (b) at a local election where— (i) P is or will be registered in the register of local electors otherwise than by virtue of a service qualification, and (ii) P knows that the person to be appointed is already appointed as proxy to vote at that election, or at local elections, for two or more other electors none of whom is registered in a register of local electors by virtue of a service qualification; (c) at local elections, where P knows that the person to be appointed is already appointed as proxy to vote at a local election, or at local elections, for four or more other electors; (d) at local elections, where— (i) P is or will be registered in the register of local electors otherwise than by virtue of a service qualification, and (ii) P knows that the person to be appointed is already appointed as proxy to vote at a local election, or at local elections, for two or more other electors none of whom is registered in a register of local electors by virtue of a service qualification.

• (3) For sub-paragraph (4) substitute—

(4) A person is also guilty of an illegal practice if the person votes as proxy— (a) for more than four electors— (i) at a local election, or (ii) where the polls for two or more local elections are held on the same day, at those elections taken together; (b) for more than two electors— (i) at a local election, or (ii) where the polls for two or more local elections are held on the same day, at those elections taken together, where the person knows that more than two of those electors are registered in a register of local electors otherwise than by virtue of a service qualification.

• (4) In sub-paragraph (6), after “deemed to have voted” insert “(but see sub-paragraph (6A))”.

• (5) After sub-paragraph (6) insert—

(6A) For the purpose of determining whether an application for a ballot paper constitutes an offence under sub-paragraph (2)(a)(i) or (3)(a)(i), a previous application is to be disregarded if the applicant’s failure to vote on that occasion resulted only from a failure to produce satisfactory proof of identity.

27

• (1) Paragraph 27 (requirement of secrecy) is amended as follows.

• (2) In sub-paragraph (3)—

• (a) omit “or” at the end of paragraph (d), and

• (b) omit paragraph (e).

• (3) After sub-paragraph (3) insert—

(3A) A person is guilty of an electoral offence if the person— (a) except for some purpose authorised by law, obtains or attempts to obtain information, or communicates at any time to any other person any information, as to the number or other unique identifying mark on the back of a ballot paper sent to a person for voting by post at a local election; (b) except for some purpose authorised by law, obtains or attempts to obtain information, or communicates at any time to any other person any information, as to the official mark on a ballot paper sent to a person for voting by post at a local election; (c) obtains or attempts to obtain information, in the circumstances mentioned in sub-paragraph (3B), as to the candidate for whom a person voting by post at a local election (“V”) is about to vote or has voted; or (d) communicates at any time to any other person information obtained in contravention of paragraph (c). (3B) The circumstances referred to in sub-paragraph (3A)(c) are where V is about to mark, is in the process of marking, or has just marked, a ballot paper sent to V for voting by post at the election. (3C) But— (a) a person (“E”) who is voting by proxy is not guilty of the offence under sub-paragraph (3A) if E obtains or attempts to obtain from the person appointed as E’s proxy information as to a matter mentioned in paragraph (a) or (c) of that sub-paragraph that relates to E’s vote, and (b) a person who is appointed as proxy for an elector is not guilty of the offence under sub-paragraph (3A) if the person communicates to that elector information as to a matter mentioned in paragraph (a) or (c) of that sub-paragraph that relates to that elector’s vote. (3D) Sub-paragraph (3A)(c) and (d) does not apply where the purpose (or main purpose) for which the information is sought or communicated is its use for the purposes of— (a) a published statement relating to the way in which voters intend to vote or have voted at the election, or (b) a published forecast as to the result of that election which is based on information given by voters. (3E) In sub-paragraph (3D)— (a) “forecast” includes estimate; (b) “published” means made available to the public at large or to any section of the public, in whatever form and by whatever means; (c) the reference to the result of the election is a reference to the result of the election either as a whole or so far as any particular candidate or candidates at the election is or are concerned. (3F) A person voting as proxy for an elector at a local election is guilty of an electoral offence if the person— (a) communicates at any time to any person other than that elector any information as to the candidate for whom the person is about to vote, or has voted, as proxy for that elector; or (b) except for some purpose authorised by law, communicates at any time to any person other than that elector any information as to the number or other unique identifying mark on the back of a ballot paper sent or delivered to the person for voting as proxy for that elector.

• (4) After sub-paragraph (4) insert—

(5) A person who has undertaken to assist a relevant voter to vote at a local election is guilty of an electoral offence if the person communicates at any time to any person except that voter any information as to— (a) the candidate for whom the voter intends to vote or has voted, or (b) the number or other unique identifying mark on the back of the ballot paper given for the use of the voter. (6) In sub-paragraph (5) “relevant voter” means a voter who is blind, has another disability, or is unable to read.

Local Elections (Northern Ireland) Order 1985

28

• (1) In Part 1 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 (S.I. 1985/454), paragraph 3 (proxies at local elections) is amended as follows.

• (2) After sub-paragraph (1) insert—

(1A) A person is not capable of being appointed to vote, or voting, as proxy at a local election unless the person is or will be registered in— (a) a register of local electors in Northern Ireland, or (b) a register of local government electors in Great Britain maintained under section 9 of the 1983 Act.

• (3) In sub-paragraph (2)—

• (a) omit the “or” at the end of paragraph (a);

• (b) omit paragraph (b).

• (4) For sub-paragraph (4) substitute—

(4) A person— (a) is not entitled to vote as proxy at a local election on behalf of more than two electors who do not fall within sub-paragraph (4A), but (b) subject to paragraph (a), is entitled to vote as proxy at a local election on behalf of up to four electors. (4A) An elector falls within this sub-paragraph if the elector is registered in a register of local electors in pursuance of a service declaration. (4B) Where the polls for two or more local elections are held on the same day, references in sub-paragraph (4) to a local election are to all of those elections taken together.

29

In paragraph 9(1) of Part 1 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 (additional requirements for applications for appointment of a proxy), after “name” insert “, date of birth”.

Elected Authorities (Northern Ireland) Act 1989

30

• (1) Part 2 of Schedule 1 to the Elected Authorities (Northern Ireland) Act 1989 (application and modification of RPA 1983 in relation to local elections in Northern Ireland) is amended as follows.

• (2) In paragraph 14, after sub-paragraph (b) insert—

(ba) subsection (1)(ba) is omitted;

.

• (3) In paragraph 16, for “subsection (1)(c)” substitute “subsection (1)(bb) and (c)”.

• (4) For paragraph 18 substitute—

(18A) In Schedule 2, references to applications under sections 13BD, 13BE and 13C and documents or cards issued under any of those sections are to be disregarded, and the following are omitted— (a) in paragraph 1A— (i) sub-paragraph (1A)(b)(iii); (ii) in sub-paragraph (6), “or a relevant absent voting application”; (iii) sub-paragraphs (7)(a) and (8); (b) in paragraph 5(2), “or with his appointment as a proxy”; (c) paragraphs 5ZA and 5A; (d) in paragraph 13(1)(a), “or paragraph 2”.

Elections Act 2001

31

• (1) The Schedule to the Elections Act 2001 (modification of the local election rules for occasions where polls are combined) is amended as follows.

• (2) For paragraph 6 (Parliamentary elections rules: questions to be put to voters) substitute—

(6) In rule 35, in the table after paragraph (1), after “this” insert “parliamentary”— (a) in entry 1, in each of paragraphs (a) and (b); (b) in entry 2, in each of paragraphs (a) to (e); (c) in entry 3, in each of paragraphs (a) to (e).

• (3) In paragraph 20 (local elections rules: questions to be put to voters), for “the second question in paragraph (2)” substitute “in each of questions (a), (b) and (c) in paragraph (2)”.

Transitional provisions relating to proxy voting

32

• (1) This paragraph applies where—

• (a) a proxy appointment is in force immediately before the day specified for the purposes of this paragraph (“the specified day”) as a result of an application made before the day on which the relevant provisions of this Schedule come into force, and

• (b) the appointment has effect immediately before the specified day in relation to local elections in Northern Ireland or a particular local election in Northern Ireland.

• (2) On the specified day, the proxy appointment ceases to have effect as mentioned in sub-paragraph (1)(b).

• (3) The Chief Electoral Officer for Northern Ireland must, before the specified day, send the person who is entitled to vote by proxy by means of the proxy appointment—

• (a) a notice informing the person that the appointment ceases to have effect as mentioned in sub-paragraph (1)(b) on the specified day (naming that day), and

• (b) information about how to make a fresh application to vote by proxy.

• (4) As soon as practicable after the specified day, the Chief Electoral Officer must alter the relevant absent voters’ records as necessary to reflect the change to the proxy appointment resulting from sub-paragraph (2).

• (5) More than one day may be specified for the purposes of this paragraph if the relevant provisions of this Schedule come into force on different days (and in such a case references in this paragraph to the specified day and to the relevant provisions of this Schedule are to be construed accordingly).

• (6) In this paragraph and paragraph 33—

• “the 1985 Order” means the Local Elections (Northern Ireland) Order 1985 (S.I. 1985/454);

• “local election” has the meaning given by section 130(1) of the Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.));

• “proxy appointment” means an appointment of a person to vote as proxy for another person;

• “relevant absent voters’ records” means—the record kept under paragraph 1(3) of Part 1 of Schedule 2 to the 1985 Order,the record kept under paragraph 4(5) of that Part, andany lists kept under paragraphs 2(4) and 4(8) of that Part which have not been published under paragraph 15(6) of that Part;

• “relevant provisions of this Schedule” means paragraphs 26 and 28(2);

• “specified” means specified by the Secretary of State in regulations made by statutory instrument.

33

• (1) This paragraph applies to an application for a proxy appointment under paragraph 1 of Part 1 of Schedule 2 to the 1985 Order where the application is made before, but not determined by, the day specified for the purposes of this paragraph (“the specified day”).

• (2) The application is to be treated as not having been made.

• (3) The Chief Electoral Officer for Northern Ireland must, as soon as practicable, send each person whose application is affected by sub-paragraph (2) information about how to make a fresh application to vote by proxy.

• (4) Sub-paragraph (2) does not apply where the application was made on or after the day on which the relevant provisions of this Schedule come into force.

• (5) More than one day may be specified for the purposes of this paragraph if the relevant provisions of this Schedule come into force on different days (and in such a case references in this paragraph to the specified day and to the relevant provisions of this Schedule are to be construed accordingly).

Consequential repeals

34

The following provisions are revoked—

• (a) paragraph 10 of Schedule 2 to the Local Government Elections (Changes to the Franchise and Qualification of Members) Regulations 1995 (S.I. 1995/1948);

• (b) article 15(3) of the Local Elections (Northern Ireland) (Amendment) Order 2001 (S.I. 2001/417);

• (c) article 4(1)(b) of the Local Elections (Northern Ireland) (Amendment) Order 2005 (S.I. 2005/1969);

• (d) paragraph 38 of Schedule 1 to the Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977).

Part 2 — Elections to the Northern Ireland Assembly

Northern Ireland Assembly (Elections) Order 2001

35

Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599) (application with modifications of provisions of the Representation of the People Act 1983 etc) is amended as follows.

36

In the table, in the right-hand column of the entry for section 61 of RPA 1983 (other voting offences), after the modifications relating to subsection (1) of that section insert—

	In subsection (1A)(a) and (b)(ii) omit the words “, or at parliamentary elections,”.
	Omit subsection (1A)(e) and (f)

37

In the table, after the entry for section 112 of RPA 1983 insert—

Section 112A (handling of postal voting documents by political campaigners)	In subsection (8), in the definition of “postal voting document”, omit “postal voting statement,”.

38

In the table, for the entry relating to section 115 of RPA 1983 substitute—

Section 114A (undue influence)

39

In the table, after the entry for rule 19A of Schedule 1 to RPA 1983 insert—

Rule 19B (preparation of date of birth lists)	In paragraph (1A)(b), for the words “register of parliamentary electors in Great Britain” substitute “register of local government electors in Great Britain”.

40

The entries in the right-hand column of the table in relation to Schedule 1 to RPA 1983 (Parliamentary elections rules) are amended in accordance with paragraphs 41 to 43.

41

In the entry for rule 31 (notification of requirement of secrecy), omit the words in the right-hand column.

42

In the entry for rule 37 (voting procedure), before the paragraph beginning “In paragraph (1E)(b)” insert—

	In paragraph (1DC), for sub-paragraph (b) substitute—bwhere the voter is registered in a register of local government electors in Great Britain and does not also fall within sub-paragraph (a), paragraph 9(1) of Part 1 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 or section 8(7) of the Representation of the People Act 1985.

43

Against the entry for rule 38 (votes marked by presiding officer), after the paragraph beginning “In paragraph (1)” insert—

	In paragraph (1A), for “vote to be marked on a ballot paper” substitute “ballot paper to be marked”.

44

In the table, after the entry for rule 53A of Schedule 1 to RPA 1983 insert—

Rule 53B (destruction of date of birth lists)

45

In the entry for section 8 of the Representation of the People Act 1985 (proxies at elections), in the right-hand column—

• (a) before the entry relating to subsection (3)(b) of that section insert—

	In subsection (2A), for “register of parliamentary electors in Great Britain or Northern Ireland” substitute “register of local government electors in Great Britain or a register of local electors in Northern Ireland

;

• (b) after the entry relating to subsection (6) of that section insert—

	In subsection (7A), for “subsections (6) and” substitute “subsection”.

46

In the Annex, in the form of declaration to be made by the companion of a voter with disabilities—

• (a) in the section of the form beginning “I have been requested”, for the words from “I am entitled” to “does not apply” substitute “I am aged 18 or over”;

• (b) in the section of the form beginning “NOTE”, after “any person” insert “except the elector to whom assistance is being provided”.

Transitional provisions relating to proxy voting

47

• (1) This paragraph applies where—

• (a) a proxy appointment is in force immediately before the day specified for the purposes of this paragraph (“the specified day”) as a result of an application made before the day on which the relevant provisions of Schedule 4 come into force, and

• (b) the appointment has effect immediately before the specified day in relation to Assembly elections or a particular Assembly election.

• (2) On the specified day, the proxy appointment ceases to have effect as mentioned in sub-paragraph (1)(b).

• (3) The Chief Electoral Officer for Northern Ireland must, before the specified day, send the person who is entitled to vote by proxy by means of the proxy appointment—

• (a) a notice informing the person that the appointment ceases to have effect as mentioned in sub-paragraph (1)(b) on the specified day (naming that day), and

• (b) information about how to make a fresh application to vote by proxy.

• (4) As soon as practicable after the specified day, the Chief Electoral Officer must alter the relevant absent voters’ records as necessary to reflect the change to the proxy appointment resulting from sub-paragraph (2).

• (5) More than one day may be specified for the purposes of this paragraph if the relevant provisions of Schedule 4 come into force on different days (and in such a case references in this paragraph to the specified day and to the relevant provisions of Schedule 4 are to be construed accordingly).

• (6) In this paragraph and paragraph 48—

• “Assembly election” means an election to the Northern Ireland Assembly;

• “proxy appointment” means an appointment of a person to vote as proxy for another person;

• “relevant absent voters’ records” means any lists prepared under sections 7(4) and 9(9) of the Representation of the People Act 1985 (as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599)) which have not been published under regulation 66(3) of the Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741) (as so applied);

• “relevant provisions of Schedule 4” means paragraphs 2(2) and 6(2) of Schedule 4;

• “specified” means specified by the Secretary of State in regulations made by statutory instrument.

48

• (1) This paragraph applies to an application for a proxy appointment under section 7(1) or (2)(b) of the Representation of the People Act 1985 (as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599)) that is made before, but not determined by, the day specified for the purposes of this paragraph (“the specified day”).

• (2) The application is to be treated as not having been made.

• (3) The Chief Electoral Officer for Northern Ireland must, as soon as practicable, send each person whose application is affected by sub-paragraph (2) information about how to make a fresh application to vote by proxy.

• (4) Sub-paragraph (2) does not apply where the application was made on or after the day on which the relevant provisions of Schedule 4 come into force.

• (5) More than one day may be specified for the purposes of this paragraph if the relevant provisions come into force on different days (and in such a case references in this paragraph to the specified day and to the relevant provisions of Schedule 4 are to be construed accordingly).

Schedule 7

Part 1 — Minor and consequential amendments

Representation of the People Act 1983

1

RPA 1983 is amended as follows.

2

In section 4 (entitlement to be registered as parliamentary or local government elector), in subsection (4)(b), for “section 2(1)” substitute “section 1B(1)”.

3

In section 202(1) (general provisions as to interpretation), for the definition of “overseas elector’s declaration” substitute—

• “overseas elector’s declaration” means a declaration made under and in accordance with section 1C of the Representation of the People Act 1985;

.

4

• (1) Schedule 2 (provisions which may be contained in regulations as to registration etc) is amended as follows.

• (2) After paragraph 3ZA insert—

(3ZB) (1) Provision about renewal declarations (within the meaning given by section 1D(2) of the Representation of the People Act 1985), including in particular provision about their form and contents. (2) Provision made under sub-paragraph (1) may include provision conferring functions on the Electoral Commission.

• (3) In paragraph 4, after sub-paragraph (2) insert—

(3) Provision as to the manner in which renewal declarations (within the meaning given by section 1D(2) of the Representation of the People Act 1985) are to be transmitted to the registration officer.

• (4) In paragraph 5, after sub-paragraph (1A) insert—

(1AA) The provision that may be made under sub-paragraph (1A) includes provision authorising a registration officer, despite provision contained in regulations made by virtue of that sub-paragraph— (a) to require such other kind of evidence as the officer considers appropriate, or (b) to deem such other kind of evidence as the officer considers appropriate to be sufficient or conclusive evidence.

Representation of the People Act 1985

5

In section 12 of the Representation of the People Act 1985 (offences as to declarations)—

• (a) in subsection (1), for “an overseas elector’s declaration”, in both places, substitute “a relevant declaration”;

• (b) after subsection (1) insert—

(1A) In subsection (1) “relevant declaration” means— (a) an overseas elector’s declaration; (b) a renewal declaration (within the meaning given by section 1D(2)).

Finance Act 1996

6

In section 200 of the Finance Act 1996 (domicile for tax purposes of overseas electors), in subsection (3)(a), for “section 1(1)(a)” substitute “section 1(2)(a)”.

Income Tax Act 2007

7

In section 835B of the Income Tax Act 2007 (domicile for income tax purposes of overseas electors), in subsection (3)(a), for “section 1(1)(a)” substitute “section 1(2)(a)”.

Constitutional Reform and Governance Act 2010

8

In section 42 of the Constitutional Reform and Governance Act 2010 (tax status of members of the House of Lords: transitional provision), omit subsection (7).

Police Reform and Social Responsibility Act 2011

9

In section 102(1) of the Police Reform and Social Responsibility Act 2011 (interpretation of Part 1), for the definition of “overseas elector’s declaration” substitute—

• “overseas elector’s declaration” means a declaration made under and in accordance with section 1C of the Representation of the People Act 1985.

House of Lords Reform Act 2014

10

In section 4 of the House of Lords Reform Act 2014 (effect of ceasing to be a member of the House of Lords), omit subsection (6).

Consequential repeals

11

In consequence of section 14(1), the following are repealed—

• (a) paragraphs 1 to 4 of Schedule 2 to the Representation of the People Act 2000;

• (b) section 141 of PPERA;

• (c) section 12(9) of the Electoral Administration Act 2006;

• (d) paragraph 21 of Schedule 4 to the Electoral Registration and Administration Act 2013, and the italic heading before that paragraph;

• (e) section 15(1) of the Northern Ireland (Miscellaneous Provisions) Act 2014.

Part 2 — Transitional provision

Interpretation of Part

12

In this Part—

• “the commencement date” means the date appointed for section 14 to come fully into force;

• “overseas elector’s declaration” has the meaning given by section 2(1) of RPA 1985 (as that provision had effect immediately before the commencement date);

• “RPA 1985” means the Representation of the People Act 1985;

• “RPA 2000” means the Representation of the People Act 2000.

Pre-commencement applications for registration in a register of parliamentary electors

13

• (1) The amendments made by section 14 and Part 1 of this Schedule do not apply in relation to an application for registration in a register of parliamentary electors in pursuance of a pre-commencement declaration (even if the application is determined on or after the commencement date).

• (2) In this paragraph, “pre-commencement declaration” means an overseas elector’s declaration made at any time before the commencement date.

Overseas electors registered pursuant to pre-commencement applications

14

• (1) This paragraph applies to a person who is for the time being registered in a register of parliamentary electors in pursuance of a pre-commencement declaration (regardless of when the person’s application for registration in the register is determined).

• (2) In such a case—

• (a) the person is to be treated on and after the commencement date as being registered in that register in pursuance of a post-commencement declaration on the basis that the person satisfied the previous registration condition (within the meaning of section 1A(2) of RPA 1985, as substituted by section 14 of this Act);

• (b) the address in respect of which the person is registered is the address specified in the pre-commencement declaration;

• (c) sections 1D and 1E of RPA 1985 (as substituted by section 14 of this Act) have effect accordingly, subject to sub-paragraph (3).

• (3) Section 1D(1)(a) has effect as if it provided for the person to remain registered—

• (a) until the end of the period of 12 months beginning with the date when the person’s entry in the register first takes effect, or

• (b) where that period would otherwise end before the specified day, until the end of that day.

• (4) In sub-paragraph (3)(b), “the specified day” means the day specified by the Secretary of State by regulations made by statutory instrument.

• (5) In this paragraph—

• “pre-commencement declaration” has the same meaning as in paragraph 13;

• “post-commencement declaration” means an overseas elector’s declaration (as defined by section 1B(1) of RPA 1985 (substituted by section 14 of this Act)) made at any time on or after the commencement date.

Postal voting

15

• (1) This paragraph applies where, immediately before the commencement date, a person to whom paragraph 14 applies has an entitlement to vote by post (whether as elector or proxy) at parliamentary elections in England and Wales or Scotland.

• (2) Subject to sub-paragraph (3), the person’s entitlement to vote by post ends on the last day of the period of 12 months beginning with the date when the person’s entry in the register of parliamentary electors first takes effect (unless it ends sooner).

• (3) Where—

• (a) as a result of paragraph 14(3)(b) the person remains registered in a register of parliamentary electors until the time referred to in that provision, and

• (b) the person’s entitlement to vote by post would (as a result of sub-paragraph (2)) otherwise end before that time,

the entitlement ends at that time.

• (4) As soon as practicable after the commencement date, the registration officer must alter the record kept under paragraph 3(4) or 7(6) of Schedule 4 to RPA 2000 (as the case may be) so as to reflect any change resulting from sub-paragraph (2) or (3) in the period for which the person’s entitlement to vote by post lasts.

16

• (1) This paragraph applies where—

• (a) before the commencement date, a person to whom paragraph 14 applies makes an application under paragraph 3(1) or 7(4)(a) of Schedule 4 to RPA 2000,

• (b) the application is to vote by post (whether as elector or proxy) at parliamentary elections, and

• (c) immediately before the commencement date the application has not been determined.

• (2) The amendments made to Schedule 4 to RPA 2000 by Schedule 3 to this Act do not apply in relation to the determination of the application.

• (3) Any grant of the application is to be for—

• (a) the period ending on—

• (i) the last day of the period of 12 months beginning with the date when the person’s entry in a register of parliamentary electors first takes effect, or

• (ii) in a case where paragraph 14(3)(b) applies in relation to the person’s registration, the time referred to in that provision, or

• (b) any shorter period specified in the application.

Power to make supplementary provision

17

• (1) The Secretary of State may by regulations make provision for supplementing, or provision incidental to, the provision made by paragraphs 13to 16.

• (2) Regulations under sub-paragraph (1) may make different provision for different purposes or areas.

• (3) Regulations under sub-paragraph (1) are to be made by statutory instrument.

• (4) A statutory instrument containing regulations under sub-paragraph (1) is subject to annulment in pursuance of a resolution of either House of Parliament.

Promoting awareness of changes to overseas elector franchise

18

• (1) The Secretary of State may take whatever steps the Secretary of State considers appropriate to promote awareness among qualifying people of the changes made by section 14 to the overseas elector franchise.

• (2) In this paragraph—

• “the overseas elector franchise” means the basis on which a person is entitled to vote as an elector at parliamentary elections in accordance with section 1 of RPA 1985;

• “qualifying people” means people who may, on or after the commencement date, be entitled to vote as electors at parliamentary elections in accordance with section 1 of RPA 1985.

• (3) A person with functions of a public nature may disclose information to the Secretary of State for the purpose of enabling the Secretary of State to identify those who are, or are likely to be, qualifying people.

• (4) The Secretary of State may use information held by, or provided to, the Secretary of State for the purpose of identifying people who are, or are likely to be, qualifying people.

• (5) Personal data may not be disclosed or used under this paragraph if the disclosure or use would contravene the data protection legislation (but in determining whether the disclosure would do so, the powers conferred by sub-paragraphs (3) and (4) are to be taken into account).

• (6) In sub-paragraph (5), “personal data” and “the data protection legislation” have the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

Schedule 8

Part 1 — Amendments to the Representation of the People Act 1983

1

• (1) In section 2 of RPA 1983 (local government electors), in subsection (1)(c), for the words from “Ireland” to the end substitute

Ireland or— (i) in relation to a local government election in England, a qualifying EU citizen or an EU citizen with retained rights, or (ii) in relation to a local government election in Wales, a relevant citizen of the Union or a qualifying foreign citizen; and

.

• (2) In section 4 of that Act (entitlement to be registered as local government elector), in subsection (3)(c), for the words from “Ireland” to the end substitute

Ireland or— (i) in relation to a local government election in England, a qualifying EU citizen or an EU citizen with retained rights, or (ii) in relation to a local government election in Wales, a relevant citizen of the Union or a qualifying foreign citizen; and

.

• (3) In section 7B of that Act (notional residence: declarations of local connection)—

• (a) in subsection (3)(e), for the words from “Ireland” to the end substitute

Ireland or— (i) if the declaration is made for the purposes only of the registration of local government electors in England, a qualifying EU citizen or an EU citizen with retained rights, or (ii) if the declaration is made for the purposes only of the registration of local government electors in Wales, a relevant citizen of the Union or a qualifying foreign citizen;

;

• (b) in subsection (7)(a), for “by a relevant citizen of the Union; and” substitute

— (i) in relation to local government elections in England, by a qualifying EU citizen or an EU citizen with retained rights, or (ii) in relation to local government elections in Wales, by a relevant citizen of the Union; and

.

• (4) In section 15 of that Act (service declaration), in subsection (5)(a), for “, or by a relevant citizen of the Union; and” substitute

or— (i) in relation to local government elections in England, by a qualifying EU citizen or an EU citizen with retained rights, or (ii) in relation to local government elections in Wales, by a relevant citizen of the Union; and

.

• (5) In section 16 of that Act (contents of service declaration), as it extends to England and Wales, in subsection (1)(e) for the words from “a relevant” to the end substitute

— (i) if the declaration is made for the purposes only of the registration of local government electors in England, a qualifying EU citizen or an EU citizen with retained rights, or (ii) if the declaration is made for the purposes only of the registration of local government electors in Wales, a relevant citizen of the Union or a qualifying foreign citizen,

.

• (6) In section 16 of that Act (contents of service declaration), as it extends to Northern Ireland, in paragraph (e) for “or a relevant citizen of the Union” substitute “or a qualifying EU citizen or an EU citizen with retained rights”.

• (7) In section 17 of that Act (effect of service declaration), in subsection (1)(c), for the words from “a relevant” to the end substitute

— (i) if the declaration is made for the purposes only of the registration of local government electors in England, a qualifying EU citizen or an EU citizen with retained rights, or (ii) if the declaration is made for the purposes only of the registration of local government electors in Wales, a relevant citizen of the Union or a qualifying foreign citizen, of the age appearing from the declaration and as not being subject to any legal incapacity except as so appearing.

• (8) In section 49 of that Act (effect of registers), in subsection (5)(b)—

• (a) after sub-paragraph (iii) insert—

(iiia) in the case of a person registered as a local government elector in England or entered in the list of proxies by virtue of being a qualifying EU citizen or an EU citizen with retained rights, a qualifying EU citizen or an EU citizen with retained rights;

;

• (b) in sub-paragraph (iv), after “elector” insert “in Wales”.

• (9) In section 201 of that Act (regulations)—

• (a) in subsection (2), after “203(4)” insert “or 203A(2)”;

• (b) in subsection (2A), after “above” insert “or section 203A(2)”.

• (10) In section 203 of that Act (local government provisions as to England and Wales), at the appropriate place insert the following definitions—

• “EU citizen with retained rights” has the meaning given by section 203B;”;
• “qualifying EU citizen” has the meaning given by section 203A;

.

• (11) After section 203 of that Act insert—

(203A) (1) In this Act “qualifying EU citizen” means a person who— (a) is a citizen of a country for the time being listed in Schedule 6A, and (b) either— (i) does not require leave under the Immigration Act 1971 to enter or remain in the United Kingdom or any of the Islands, or (ii) does require such leave but for the time being has (or is, by virtue of any enactment, to be treated as having) any description of such leave. (2) The Secretary of State must by regulations add a country to the list in Schedule 6A where— (a) the country is a qualifying country, (b) the United Kingdom and the country intend to become parties to a relevant treaty, and (c) section 20 of the Constitutional Reform and Governance Act 2010 (treaties to be laid before Parliament before ratification) applies in relation to the relevant treaty and the requirements of that section have been met such that the relevant treaty may be ratified. (3) The Secretary of State may by regulations remove a country from the list in Schedule 6A where the country ceases to be a party to a relevant treaty to which the United Kingdom is also a party. (4) The Secretary of State must, as soon as reasonably practicable after regulations are made under subsection (2) or (3), give notice of that fact to— (a) registration officers in England, (b) registration officers for elections of police and crime commissioners for police areas in Wales, (c) the Chief Electoral Officer for Northern Ireland, and (d) the Electoral Commission. (5) In this section— - “the Islands” means the Channel Islands and the Isle of Man; - “qualifying country” means a country—that was a member State immediately before IP completion day, other than the Republic of Ireland,that was part of a member State immediately before IP completion day, other than the Republic of Ireland, orthat is formed entirely of two or more former countries, both or all of which were member States immediately before IP completion day, other than the Republic of Ireland; - “ratification”, in relation to a treaty, is to be construed in accordance with section 25(3) of the Constitutional Reform and Governance Act 2010; - “relevant treaty” means a treaty containing provision relating to eligibility to vote and to stand as a candidate at elections; - “treaty” has the same meaning as in Part 2 of the Constitutional Reform and Governance Act 2010 (see section 25 of that Act). (203B) (1) In this Act “EU citizen with retained rights” means a person who— (a) is a citizen of a country falling within subsection (8), (b) was a citizen of the Union immediately before IP completion day, (c) was resident in the United Kingdom or any of the Islands immediately before that day, (d) falls within any of subsections (2) to (4), and (e) is not a qualifying EU citizen. (2) A person falls within this subsection if the person— (a) has UK or Islands leave granted by virtue of residence scheme immigration rules, and (b) has such leave otherwise than in accordance with provision in residence scheme immigration rules for joining family members. (3) A person falls within this subsection if— (a) the person has UK or Islands leave but does not fall within subsection (2), and (b) the requirements of subsection (5) are met in relation to the person. (4) A person falls within this subsection if— (a) the person does not require UK or Islands leave, (b) the person is resident in the United Kingdom or any of the Islands, and (c) the requirements of subsection (5) are met in relation to the person. (5) The requirements referred to in subsections (3)(b) and (4)(c) are that— (a) at all times since the relevant date, the person has either had UK or Islands leave or not required UK or Islands leave, and (b) the person was resident in the United Kingdom or any of the Islands at all times after the relevant date when the person did not require UK or Islands leave. (6) In determining whether the requirement in subsection (5)(a) is met in relation to a person, any period to which subsection (7) applies is to be disregarded if the person was resident in the United Kingdom or any of the Islands during the period. (7) This subsection applies to any period after the relevant date during which the person required UK or Islands leave but did not have it, if at the end of the period the person was granted UK or Islands leave— (a) in pursuance of an application made before the end of the relevant date, or (b) in pursuance of an application made after the relevant date, where the leave was granted— (i) by virtue of residence scheme immigration rules, and (ii) otherwise than in accordance with provision in such rules for joining family members. (8) A country falls within this subsection where the country— (a) was a member State immediately before IP completion day, other than the Republic of Ireland, (b) was part of a member State immediately before IP completion day, other than the Republic of Ireland, or (c) is formed of two or more former countries, at least one of which was a member State immediately before IP completion day, other than the Republic of Ireland. (9) In this section a reference to a person having UK or Islands leave includes a reference to a person who is, by virtue of any enactment, to be treated as having such leave. (10) In this section— - “the 1971 Act” means the Immigration Act 1971; - “the Islands” means the Channel Islands and the Isle of Man; - “the relevant date” means 30 June 2021; - “immigration rules” has the same meaning as in the 1971 Act; - “residence scheme immigration rules” means—residence scheme immigration rules within the meaning of Part 3 of the European Union (Withdrawal Agreement) Act 2020 (see section 17(1) of that Act),Appendix EU to the Guernsey immigration rules,Appendix EU to the Isle of Man immigration rules, orAppendix EU(J) to the Jersey immigration rules; - “UK or Islands leave” means leave under the 1971 Act to enter or remain in the United Kingdom or any of the Islands. (11) In this section— - “Guernsey immigration rules” means the rules made in respect of the Bailiwick of Guernsey under sections 1(4) and 3(2) of the 1971 Act as extended to that Bailiwick; - “Isle of Man immigration rules” means the rules made in respect of the Isle of Man under section 3(2) of the 1971 Act as extended to the Isle of Man; - “Jersey immigration rules” means the rules contained in the directions made in respect of the Bailiwick of Jersey under sections 1(4A) and 3(2) of the 1971 Act as extended to that Bailiwick. (12) References in this section to provision in residence scheme immigration rules for joining family members are references to— (a) paragraph EU11A or EU14A of Appendix EU to the immigration rules or provision replacing either of those paragraphs, or (b) provision corresponding to provision within paragraph (a) in the Guernsey immigration rules, the Isle of Man immigration rules or the Jersey immigration rules.

• (12) After Schedule 6 to that Act insert—

Schedule 6A (1) Luxembourg. (2) Poland. (3) Portugal. (4) Spain.

Part 2 — Amendments in relation to certain local elections in England and Wales

City of London (Various Powers) Act 1957

2

• (1) The City of London (Various Powers) Act 1957 is amended as follows.

• (2) In section 4(1) (interpretation of Part 2)—

• (a) omit the definitions of “citizen of the Union” and “relevant citizen of the Union”;

• (b) at the appropriate places insert—

• “EU citizen with retained rights” has the same meaning as in the Act of 1983 (see section 203B of that Act);

;

• “qualifying EU citizen” has the same meaning as in the Act of 1983 (see section 203A of that Act);

.