Part 2: Overseas Electors and EU Citizens Voting and Candidacy Rights of EU citizens Schedule 8: Voting and Candidacy Rights of EU citizens Part 2 - Amendments in relation to certain local elections in England and Wales
Paragraph 2 of Schedule 8 amends the City of London (Various Powers) Act 1957 as it relates to the rights of European citizens to vote and to stand in Common Councillor elections in the City of London.
	Paragraph 2(2) amends section 4 of the 1957 Act, which sets out definitions of terms used in the Act. It substitutes the existing term, ‘relevant citizen of the Union’ with two new terms: ‘a qualifying EU citizen or an EU citizen with retained rights’. Those terms will have the same meanings as in the amended RPA 1983, which are explained above.
	Paragraph 2(3) amends section 5 of the 1957 Act which sets out the criteria that a person must meet in order to stand as a candidate for election to the Common Council. It substitutes the term ‘relevant citizen of the Union’ with the two new terms: ‘EU citizen with retained rights’ and ‘qualifying EU citizen’. The effect is that only those EU citizens who are captured by the definitions of the new terms will qualify to stand as candidates for election to the Common Council.
	Paragraph 2(4) amends section 6 of the 1957 Act which sets out the criteria that a person must meet in order to qualify to vote in ward elections. It substitutes the term ‘relevant citizen of the Union’ with the two new terms: ‘EU citizen with retained rights’ and ‘qualifying EU citizen’. The effect is that only those EU citizens who are captured by the definitions of the new terms will be entitled to vote in ward elections to the common council.
	Paragraph 3 makes amendments to the Local Government Act 1972 in relation to the rights of EU citizens to stand for and hold office in local authorities in England. The effect of these amendments is that the only EU citizens who will be eligible to vote and stand for office as a member ("councillor") or directly-elected mayor of a local authority in England will be qualifying EU citizens and EU citizens with retained rights. These changes follow the changes made in relation to the local franchise in England where ’qualifying EU citizens’ and ‘EU citizens with retained rights’ have the same meaning as described at sections 203A and 203B of the RPA 1983 as inserted by paragraph 1(11) of Part 1 to the Schedule. EU citizens who are not captured by these definitions will no longer be able to stand for election and hold office as a member or directly-elected mayor of a local authority in England.
	Paragraph 4 makes amendments to the Greater London Authority Act 1999 in relation to the rights of EU citizens to stand for and hold office as Mayor of London or London Assembly Member. The effect of these amendments is that the only EU citizens who will be eligible to stand for election and hold office as Mayor of London or as a London Assembly member will be qualifying EU citizens and EU citizens with retained rights. These changes follow the changes made in relation to the local franchise in England in Part 1 of the Schedule, and the changes made to the right to stand for and hold office in a local authority in England (paragraph 3 of Part 2 of the Schedule) where ’qualifying EU citizens’ and ‘EU citizens with retained rights’ have the same meaning as described at sections 203A and 203B of the RPA 1983 as inserted by paragraph 1(11) of Part 1 of this Schedule. EU citizens who are not captured by these definitions will no longer be able to stand for election and hold office as a Mayor of London or London Assembly Member.
	Paragraph 5 makes amendments to the definition of ‘qualifying citizen’ at paragraph 8(3) of Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 in relation to the rights of EU citizens to stand for and hold office as mayor for a combined authority area. The effect of these amendments is that the only EU citizens who will be eligible to stand for and hold office as a mayor for a combined authority area will be qualifying EU citizens and EU citizens with retained rights. These changes follow the changes made in relation to the local franchise in England in Part 1 of this Schedule, and the changes made to the right to stand for and hold office in a local authority in England (paragraph 3 of Part 2 of this Schedule) where ‘qualifying EU citizen’ and ‘EU citizen with retained rights’ have the same meaning as described at sections 203A and 203B of the RPA 1983 as inserted by paragraph 1(11) of Part 1 of this Schedule. EU citizens who are not captured by these definitions will no longer be able to stand for election and hold office as an elected mayor in a combined authority area.
	Paragraph 6 makes amendments to the Police Reform and Social Responsibility Act (PRSRA) 2011, which includes voting and candidacy rights for the office of PCCs in both England and Wales. The amendments are largely limited to PCC elections in Wales. This is because for England, the franchise and candidacy rights for PCC elections follow those for local elections in England, and therefore are amended by changes made by Part 1 of Schedule 8 about which EU citizens are entitled to vote and stand at local elections in England. For Wales, the franchise for local elections is devolved, and is not the same as for PCC elections in Wales (which is reserved). The amendments are:
Section 102 has been amended to remove the definition of ‘relevant citizen of the Union’ and to define ‘qualifying EU citizen’ and ‘EU citizen with retained rights’ by reference to the RPA 1983.
In sections 51(6C)(a), 52(1C)(a), and 64(1C)(a), which are specific to PCC elections in Wales, the term ‘relevant citizen of the Union’ has been substituted with ‘qualifying EU citizen or an EU citizen with retained rights’. The effect will be that the only EU citizens who will be able to be a relevant elector in Wales (under section 51), to vote in PCC elections in Wales (under section 52), and to stand for office as Police and Crime Commissioner (under section 64) will be those EU citizens captured by the new terms.
In section 68, the citizenship condition (which covers both England and Wales) has been amended to substitute ‘citizen of the Union’ with ‘qualifying EU citizen or an EU citizen with retained rights’ and this applies to people in England and Wales. This remains consistent with the citizenship condition for the Mayor of London and combined authority mayors.