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(2) A person is also entitled to be registered in the Gibraltar register if, on the | |
relevant date, he— | |
(a) is not resident in Gibraltar but qualifies for registration in Gibraltar as | |
an overseas elector; | |
(b) is not subject to a legal incapacity to vote in Gibraltar at a European | 5 |
Parliamentary election (age apart); | |
(c) is a Commonwealth citizen; and | |
(d) is at least 18 years of age. | |
(3) Subsections (1) and (2) have effect subject to or in accordance with any | |
provision made under section 16. | 10 |
(4) In this section “the relevant date” is the date on which an application for | |
registration in the Gibraltar register is made or treated (by virtue of any | |
provision made by or under an Act) as having been made. | |
(5) In this section “qualifying Commonwealth citizen” means a Commonwealth | |
citizen who— | 15 |
(a) does not, under the law of Gibraltar, require a permit or certificate to | |
enter or remain in Gibraltar; or | |
(b) for the time being has (or is by virtue of any provision of the law of | |
Gibraltar to be treated as having) a permit or certificate entitling him to | |
enter or remain in Gibraltar. | 20 |
16 Regulations relating to sections 13 to 15 | |
(1) The Lord Chancellor may by regulations— | |
(a) make provision about the Gibraltar register and the manner in which it | |
is to be maintained; | |
(b) confer functions on the European electoral registration officer for | 25 |
Gibraltar; | |
(c) prescribe requirements to be complied with in connection with the | |
registration of electors in the Gibraltar register; | |
(d) prescribe circumstances in which a person is legally incapable of voting | |
in Gibraltar at a European Parliamentary election; | 30 |
(e) make provision for determining whether a person is or may be treated | |
as resident in Gibraltar for the purposes of this section; | |
(f) prescribe conditions which must be satisfied by a person in order for | |
him to qualify for registration in Gibraltar as an overseas elector; | |
(g) impose a disqualification for registration in Gibraltar as a European | 35 |
Parliamentary elector; | |
(h) make provision enabling a person who has not attained the age of 18 to | |
be entered on the Gibraltar register with a view to his being able to vote | |
at a European Parliamentary election in Gibraltar after he has attained | |
that age; and | 40 |
(i) amend the definition of “qualifying Commonwealth citizen” in section | |
15 if he considers it necessary or expedient to do so in consequence of | |
developments in the law of Gibraltar relating to immigration control. | |
(2) The provision which may be made under subsection (1) includes anything | |
which corresponds to any provision that may be made for the United Kingdom | 45 |
in regulations under section 53 of the Representation of the People Act 1983 | |
(regulations as to registration etc). | |
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(3) Regulations under this section may (without prejudice to the generality of the | |
paragraph in subsection (1) under which they are made) make provision | |
corresponding to any provision of— | |
(a) sections 3 and 3A of the Representation of the People Act 1983 | |
(incapacity of offenders detained in prison or in a mental hospital) and | 5 |
any other provision relating to incapacity from voting; | |
(b) sections 5 to 7C and 14 to 17 of that Act (residence, declarations of local | |
connection and service qualifications) and any other provision relating | |
to residence for electoral purposes; and | |
(c) sections 1 and 2 of the Representation of the People Act 1985 | 10 |
(registration of British citizens overseas) and any other provision | |
relating to overseas electors. | |
(4) The Lord Chancellor must consult the Electoral Commission before making | |
regulations under this section. | |
17 Section 16: supplementary | 15 |
(1) This section applies to regulations under section 16. | |
(2) The power to make such regulations is exercisable by statutory instrument. | |
(3) Such regulations may— | |
(a) make consequential, supplementary, incidental, transitional or saving | |
provision; | 20 |
(b) make provision extending or applying to (or extending or applying | |
only to) Gibraltar or any part of the United Kingdom; and | |
(c) modify, exclude or apply (with or without modifications) any | |
provision made by or under an Act or any provision of the law of | |
Gibraltar. | 25 |
(4) A statutory instrument containing such regulations is subject to annulment by | |
resolution of either House of Parliament unless the instrument also contains | |
regulations under the 2002 Act (which are subject to approval in draft under | |
section 13(2) of that Act). | |
Miscellaneous provisions | 30 |
18 Extension of 2002 Act to Gibraltar | |
The provisions of the 2002 Act, other than Schedules 3 and 4, extend to | |
Gibraltar. | |
19 Returning officers | |
(1) Section 6 of the 2002 Act (returning officers) is amended as follows. | 35 |
(2) In subsection (2) for “and for Wales” there is substituted “and Wales (including | |
the combined region)”. | |
(3) For subsection (5) there is substituted— | |
“(5) The Secretary of State may by regulations confer functions on the | |
returning officers for the electoral regions and on local returning | 40 |
officers. | |
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(5A) For the purposes of subsection (5) “local returning officer” means— | |
(a) a person who is, in relation to parliamentary elections, an acting | |
returning officer (in England and Wales) or a returning officer | |
(in Scotland); or | |
(b) the European electoral registration officer for Gibraltar | 5 |
appointed under section 13 of the European Parliament | |
(Representation) Act 2003.” | |
(4) After subsection (8) there is inserted— | |
“(9) In the case of the combined area the reference in subsection (7) to the | |
council of a relevant area includes a reference to the Government of | 10 |
Gibraltar.” | |
(5) In section 17 of the 2002 Act (interpretation), there is inserted at the end— | |
““combined region” means the electoral region which includes Gibraltar.” | |
20 Disqualification from office of MEP | |
(1) In section 10 of the 2002 Act (disqualification)— | 15 |
(a) in subsection (3), after “Kingdom” there is inserted “or Gibraltar”; | |
(b) after subsection (4) there is inserted— | |
“(4A) The Secretary of State may by order provide for persons of a | |
description connected to Gibraltar (including any description of | |
persons who are disqualified for membership of the Gibraltar | 20 |
House of Assembly) to be disqualified from the office of MEP. | |
(4B) The Secretary of State must consult the Electoral Commission | |
before making an order under subsection (4A).” | |
(2) In section 11(5) of the 2002 Act (power to amend maximum security for costs | |
in disqualification proceedings), after “order” there is inserted “(a)” and at the | 25 |
end there is inserted “; and | |
(b) prescribe a different figure for applications where the electoral | |
region concerned is the combined region.” | |
(3) In section 13(3)(a) of the 2002 Act (Parliamentary procedure for regulations and | |
orders under that Act) after “10(2)(d)” there is inserted “or (4A)”. | 30 |
21 European Parliamentary election regulations | |
In section 7 of the 2002 Act (regulation-making powers: general), after | |
subsection (4) there is inserted— | |
“(4A) Without prejudice to the generality of the power under which they are | |
made, regulations under this Act may— | 35 |
(a) make different provision for different electoral regions and, in | |
particular, for the part of the combined region which is in | |
England and Wales and for Gibraltar; | |
(b) confer jurisdiction relating to any matter connected with the | |
election of MEPs in the combined region on any court in the | 40 |
United Kingdom; and | |
(c) exclude any such matter from the jurisdiction of any court in | |
Gibraltar.” | |
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Part 3 | |
Supplementary | |
22 Financial provisions | |
(1) There shall be paid out of money provided by Parliament— | |
(a) any expenditure incurred by a Minister of the Crown in consequence of this | 5 |
Act; | |
(b) any increase attributable to this Act in the sums so payable by virtue of | |
paragraph 14 of Schedule 1 to the Political Parties, Elections and Referendums | |
Act 2000 (c. 41) (expenditure of the Electoral Commission in the performance | |
of its functions); and | 10 |
(c) any other increase attributable to this Act in the sums payable out of money so | |
provided by virtue of an Act other than this Act. | |
(2) There shall be charged on and paid out of the Consolidated Fund any increase | |
attributable to this Act in the sums to be charged on and paid out of that Fund under | |
any other Act. | 15 |
(3) Without prejudice to the generality of the power under which it is made, | |
subordinate legislation to which this subsection applies may make provision— | |
(a) for sums to be paid, or for expenditure to be met, by a Minister of the | |
Crown, the Electoral Commission or any public authority in Gibraltar; | |
(b) for expenditure to be paid out of money provided by Parliament or to | 20 |
be met by Gibraltar; | |
(c) for sums to be charged on and paid out of the Consolidated Fund or charged | |
on and paid out of the Consolidated Fund of Gibraltar; | |
(d) for sums to be paid into the Consolidated Fund or into the Consolidated | |
Fund of Gibraltar. | 25 |
(4) Subsection (3) applies to— | |
(a) an order under section 11; | |
(b) regulations under section 16; and | |
(c) regulations under section 7 of the 2002 Act. | |
23 Functions of Lord Chancellor exercisable concurrently with Secretary of State | 30 |
The functions of the Lord Chancellor under this Act are exercisable | |
concurrently with the Secretary of State. | |
24 Interpretation | |
In this Act— | |
“combined region” means the electoral region which includes Gibraltar; | 35 |
“electoral region” means an electoral region of the United Kingdom | |
established under the 2002 Act for the purposes of European | |
Parliamentary elections; | |
“existing electoral region” means an electoral region existing immediately | |
before the passing of this Act; | 40 |
“MEP” means a member of the European Parliament; and | |
“the 2002 Act” means the European Parliamentary Elections Act 2002. | |
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