Part 2: Overseas Electors and EU Citizens Overseas Electors Section 14: Extension of franchise for parliamentary elections: British citizens overseas
Section 14(1) inserts new sections into the RPA 1985, replacing existing sections 1 and 2 with new sections 1, 1A, 1B, 1C, 1D and 1E. Section 14(2) gives effect to Schedule 7, which contains minor and consequential amendments and transitional provisions related to the section.
	New section 1 replaces the existing provision in section 1(1) of the RPA 1985 that extended the franchise for UK Parliamentary elections to include overseas electors.
	New section 1(1) sets out the eligibility to vote as an overseas elector, namely that the person must meet the requirements of new section 1A (qualifying as an overseas elector in respect of a constituency), must on the date of the poll be registered in a register of parliamentary electors and must on both the declaration date and the date of the poll be both a British citizen and not be otherwise ineligible to vote (by, for example, being disqualified to vote having been found guilty of certain elections offences).
	New section 1(2) defines the use of "the declaration date", as the date on which an overseas elector’s declaration (under new section 1C) or renewal declaration (under new section 1E) is made.
	New section 1A(1) replaces existing section 1(2), (3) and (4) of the RPA 1985. It states that in order to qualify as an overseas elector in respect of a constituency on the date that an overseas elector’s declaration is made the individual must not reside in the United Kingdom.
	In addition, new section 1A(1) also provides that, in order to qualify as an overseas elector in a particular constituency an individual must satisfy either one of two conditions that are outlined in new subsections (2) (the ‘previous registration condition’) and (3) (the ‘previous residence condition’). An individual:
satisfies the previous registration condition if they were registered to vote in an electoral register in the UK at some point in the past in respect of an address at a place in the constituency, and if they have not been registered in any electoral register since that register entry ceased to have effect; or
satisfies the previous residence condition if they have never been registered on an electoral register but have previously been resident in the UK, and on the last day that they were resident in the UK they were resident at an address at a place in the constituency (this includes those individuals who were not resident at such an address on that last day but who would be entitled to make a ‘declaration of local connection’ as provided for by section 7B of the RPA 1983) in respect of such an address.
	An address for the purposes of the previous registration condition and previous residence condition may include an address that no longer exists (for example, if it has subsequently been demolished).
	New section 1A(4) provides that, for the purpose of the previous residence condition, an individual is considered to have been entitled to make a declaration of local connection on the last day they were resident in the UK, even if section 7B of the RPA 1983 was not in force on that date.
	New section 1A(5) defines "declaration date" and "electoral register" for the purposes of new section 1A.
	New section 1B(1) to 1B(4) replaces existing section 2(1) of the RPA 1985. It provides that a person is eligible to be registered in pursuance of an overseas elector’s declaration if they have made a valid declaration under section 1C (overseas elector’s declaration) and that conditions in subsections (2) and (3) are met.
	The conditions, in new subsections (2) and (3) respectively, are that:
the address at which the applicant is seeking to register (either as their previous registration address or their previous residence address) under their declaration is situated within the area for which the registration officer in question is responsible,
the registration officer is satisfied that the person qualifies to be an overseas elector (in accordance with new section 1A) in respect of that constituency on the date the person makes a valid declaration.
	New section 1B(4) provides registration officers with the ability to disregard the requirement in new section 1A(3)(c) (that an applicant registering as ‘previously resident’ has never been included on an electoral register) if the registration officer considers there is insufficient evidence to confirm whether or not an applicant has been registered at any time, for example if they no longer hold a copy of a relevant electoral register.
	New section 1B(5) provides that declarations must be received by the registration officer within three months of the declaration’s date, otherwise the declaration will be of no effect. This replicates section 2(6) of the RPA 1985.
	New section 1B(6) provides that for the purposes of section 1A there is to be a conclusive presumption that a person registered pursuant to an overseas elector’s declaration was not resident in the UK on the day they made the declaration. This is to allow the registration officer to remove any existing domestic registration and replace it once an overseas elector’s application has been successful. This replicates section 2(7) of the RPA 1985.
	New section 1B(7) directs to relevant provisions of the RPA 1983 which relate to the making of applications for electoral registration
	New section 1C replaces existing section 2(3), (3A) and (4) of the RPA 1985. It sets out the detailed requirements for an overseas elector’s declaration. New section 1C(1) sets out the core requirements that all overseas electors’ declarations must contain; New section 1C(2) sets out the specific additional information needed when applying under the previous registration condition; and new section 1C(3) does likewise for the previous residence condition where the declarant was previously resident at an address in a place within the constituency.
	New section 1C(4) provides the specific additional information required where a declarant applies on the basis of the previous residence condition where the declarant would, on the last day they were resident in the UK, have been entitled to make a ‘declaration of local connection’.
	New section 1C(5) only applies in relation to declarations that specify an address in Northern Ireland. It makes provision that enables a British citizen who was born in Northern Ireland to declare on their declaration that they are an Irish citizen in addition to, or instead of, declaring they are a British citizen. This reflects the terms of the Good Friday Agreement. This provision is currently contained in section 2(3A) of the RPA 1985.
	New section 1C(6) provides that a declaration is void if it contains more than one registration address. Where a declarant makes two or more declarations with the same date but different addresses, each of those declarations are void. This is a replication of the wording in section 2(4) of the RPA 1985. This provision combined with new section 1D(4)(d) prevents a person from making more than one valid declaration at any one time.
	New section 1C(7) provides for the declarant to be able to cancel their declaration at any time should they so wish. This replicates section 2(5) of the RPA 1985.
	New section 1C(8) defines "electoral register" and "registered" for the purpose of section 1C.
	New section 1C(9) deems persons found abandoned in Northern Ireland as a new-born infant as having been born in Northern Ireland unless the contrary is shown, for the purposes of section 1C(5). This is a replication of section 2(10) of the RPA 1985.
	New section 1D makes provision in relation to the period a person is entitled to remain registered as an overseas elector.
	New section 1D(1) replaces section 2(2) of the RPA 1985. Under subsection (1)(a) once an overseas elector has registered successfully, the overseas elector’s registration entitlement lasts until the third 1 November following the date they are entered on the electoral register. However, under subsection (1)(b), an overseas elector’s entitlement ends sooner if an event occurs which is described in section 1D(4).
	Under new section 1D(2), an overseas elector’s registration entitlement can be renewed where the registration officer concerned receives at any time during the last 6 months of a registration period a renewal declaration made by the elector, and the registration officer is satisfied that the elector is entitled to remain registered as an overseas elector. Where this occurs, under new section 1D(3) that elector is entitled to remain registered until the third 1 November that follows the day after the last day of the current registration period. An overseas elector’s registration entitlement can be renewed more than once in this way. This renewal process is a new concept introduced by the Act and therefore there are no corresponding provisions currently contained in the RPA 1985.
	New section 1D(4) sets out the events which will end an overseas elector’s registration entitlement sooner:
the registration officer determines that the person was not entitled to be registered or to remain registered;
where the registration officer determines that the person’s entry in the register resulted from, or was altered by, an application that was made by someone else other than the person;
the individual cancels their overseas elector’s declaration (which is provided for in new section 1C(7), or
another entry in respect of the person in an electoral register takes effect (for example if a person becomes registered as the result of a further overseas elector’s declaration relating to a different address or if a person moves back to the UK and registers as an elector).
	New section 1D(5) provides that a renewal declaration must be received by the registration officer within three months of the declaration’s making date, otherwise the renewal declaration will have no effect.
	New section 1D(6) defines terms used in section 1D.
	New section 1D(7) provides a conclusive presumption that an elector was not resident in the United Kingdom on the day the renewal declaration is made by that elector.
	New section 1D(8) imposes a duty on registration officers to remove an overseas elector’s entry from the register where that overseas elector is no longer entitled to be registered. This replicates the words of section 2(2) of the RPA 1985.
	New section 1E(1) specifies the core requirements of a renewal declaration.
	New section 1E(2) provides that a renewal declaration must also state the UK address in respect of which the overseas elector is registered and confirm that the individual has not been separately registered in respect of that address, or registered in respect of any other UK address, since the individual registered as an overseas elector in respect of that address.
	New section 1E(3) makes provision for a British citizen who was born in Northern Ireland and is specifying a registration address in Northern Ireland to declare, as part of a renewal declaration, that they are an Irish citizen in addition to, or instead of, a British citizen.
	New section 1E(4) sets out that if a person submits a renewal declaration with more than one registration address, the declaration is void. Equally, if an individual makes two or more renewal declarations with the same date but which specify different addresses, each of those declarations are void.
	New section 1E(5) defines terms used in this section.