(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
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.
(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
(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.
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
(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;
(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
(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
(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
in regulations under section 53 of the Representation of the People Act 1983
(regulations as to registration etc).
(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
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
(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
(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
(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
(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).
18 Extension of 2002 Act to Gibraltar
The provisions of the 2002 Act, other than Schedules 3 and 4, extend to
19 Returning officers
(1) Section 6 of the 2002 Act (returning officers) is amended as follows.
(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
(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
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
(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)—
(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
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
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)”.
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—
(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
United Kingdom; and
(c) exclude any such matter from the jurisdiction of any court in
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
(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
(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.
(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
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.
(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
The functions of the Lord Chancellor under this Act are exercisable
concurrently with the Secretary of State.
In this Act—
“combined region” means the electoral region which includes Gibraltar;
“electoral region” means an electoral region of the United Kingdom
established under the 2002 Act for the purposes of European
“existing electoral region” means an electoral region existing immediately
before the passing of this Act;
“MEP” means a member of the European Parliament; and
“the 2002 Act” means the European Parliamentary Elections Act 2002.