26.Section 1 replaces sections 1, 2 and 4 of the Representation of the People Act 1983. Sections 1 and 2 set out who is entitled to vote but do so by reference to a single annual qualifying date. Since this Act introduces "rolling" electoral registration this is no longer appropriate. Section 4 defines the qualifying date and will therefore be redundant in its present form.
27.Subsection (1) (which inserts the replacement sections 1 and 2) sets out the requirements for voting in parliamentary and local government elections. This Act does not alter the franchise (except in relation to offenders detained in mental hospitals (see section 2) and, indirectly, non-qualifying Commonwealth citizens (see paragraph 29 below)). This subsection also re-enacts prohibitions against double voting.
28.Subsection (2) (which inserts the replacement section 4) deals with entitlement to registration. It provides that a person is entitled to be registered if on the relevant date he is resident in the area concerned, is not subject to a legal incapacity, meets the nationality requirement and is of voting age (or will shortly attain voting age).
29.In order to be registered a Commonwealth citizen must be a qualifying Commonwealth citizen. Qualifying is defined for these purposes as being a person who does not require leave under the Immigration Act 1971 to enter or remain in the United Kingdom or who does require such leave and has been granted it or is treated as having been granted it.
30."Relevant date" is for these purposes defined (by new section 4(6)) as the date on which an application for registration is made or, as the case may be, the date on which an application to register in respect of a declaration of local connection or service declaration is made (declarations of local connection are introduced by section 6).
31.The effect of these provisions is that a person may be eligible to be registered as an elector at any point in the year rather than by reference to a single annual qualifying date.
Commentary on Sections Section 1: New System of Electoral Registration