Commentary on Sections Part 2: Gibraltar Section 16: Entitlement to be registered in Gibraltar
34.Section 16 provides conditions for entitlement to be registered on the Gibraltar register. Subsection (1) is very similar to the rules for the UK electorate relating to the registers that are used for UK purposes in European Parliamentary elections. Subsection (2) makes provision so that Commonwealth citizens qualifying for registration as overseas electors can also register to vote whilst overseas. By virtue of that paragraph and the regulation-making powers under section 17, the Lord Chancellor may prescribe similar conditions for registration as an overseas elector as apply to British citizens in respect of the UK. Subsection (5) reflects the conditions in the Gibraltarian Immigration Control Ordinance as to rights to enter or remain in Gibraltar.