Part 2: Overseas Electors and EU Citizens Voting and Candidacy Rights of EU citizens Schedule 8: Voting and Candidacy Rights of EU citizens Part 4 - Transitional provision
Paragraph 12 makes transitional provision enabling an EU citizen elected before the new provisions described above come into force, and who otherwise remains eligible, to serve their full term of office.
Paragraph 12(1) provides that for this transitional provision to apply to an individual, the following requirements must be satisfied;
Immediately before the particular provision changing the individual’s right to hold office (the ‘relevant provision’) took effect, the individual must have held one of the offices listed at paragraph 12(4) (see below).
The individual’s term in office must have been due to continue beyond the time that the relevant provision took effect.
The individual must be in a situation where, but for the effect of the transitional provision, they would have become disqualified from continuing to hold office as a result of the relevant provision taking effect.
Paragraph 12(2) provides that the right of individuals who satisfy the requirements listed in paragraph 12(1) to complete their term in office will not be affected by the coming into force of a provision of Schedule 8 which would otherwise affect their ability to continue to hold that office.. The effect of this is to allow office-holders who would otherwise lose the right to hold office under these measures to complete their term in office, though they would not be entitled to seek re-election.
Paragraph 12(3) provides that for the purposes of this transitional provision, an individual will be considered to be ‘holding an office’ from the moment that that person is elected, or declared to be returned as, the holder of the office.
Paragraph 12(4) lists the offices to which this provision applies. These are:
members of the Northern Ireland Assembly
offices elected at all levels of council election in England (parish, district, county, and London boroughs, and the council of the Isles of Scilly).
local authority mayors in England,
combined authority mayors in England,
the Mayor of London
members of the London Assembly
PCCs in England and Wales
	Paragraph 12(5) clarifies the specific ‘local authority’ elections described in paragraph 12(4)(b), listing the specific elections given above.
	Paragraph 13 enables regulations to be made containing transitional or saving provisions connected to the changes made by the rest of Schedule 8. The provision that can be made includes modifying the effect of provisions of other legislation (including primary legislation). Paragraph 13(4) provides that a statutory instrument made using this power would be subject to affirmative procedure in Parliament.