REPRESENTATION OF THE PEOPLE Citation and interpretation 1 1 These Regulations may be cited as the Local and European Parliamentary Elections (Registration of Citizens of Accession States) Regulations 2003 and shall come into force on 9th July 2003. 2 In these Regulations— “the 1983 Act ” means the Representation of the People Act 1983 , and expressions defined in the 1983 Act shall have the same meaning in these Regulations; “the 1989 Act ” means the Elected Authorities (Northern Ireland) Act 1989 , and expressions defined in the 1989 Act shall have the same meaning in these Regulations; “the 2001 Franchise Regulations ” means the European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001 ; “Accession State” means any of the following states— the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, or the Slovak Republic; “citizen of an Accession State” means a national of one of the Accession States and “relevant citizen of an Accession State” means such a citizen who is not a Commonwealth citizen or a citizen of the Republic of Ireland; and “ Treaty of Athens ” means the Treaty signed at Athens on 16th April 2003 concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union. Modification of the 1983 Act 2 1 The provisions of the 1983 Act shall apply for the purposes of— a the registration of relevant citizens of the Accession States as local government electors before 1st May 2004, b making arrangements for persons so registered to exercise the right to vote if they become relevant citizens of the Union on 1st May 2004, and c the alteration or removal of entries on the register in relation to relevant citizens of the Accession States after that date, subject to the following modifications. 2 In section 4 (entitlement to registration) , insert after subsection (3)— 3A The entry in the register of local government electors for a relevant citizen of an Accession State shall, subject to subsection (3B) below, include a mark against his name in the register consisting of the letter “Y” to indicate that he is registered as a relevant citizen of an Accession State and, before the date on which that Accession State accedes to the European Union, he shall not be treated as an elector for any purposes other than those of an election the poll for which is held on or after that date. 3B Where a relevant citizen of an Accession State is registered in the register of local government electors, and that State accedes to the European Union on 1st May 2004, the mark referred to in subsection (3A) above shall be removed from his entry in the register. 3C From 1st May 2004, no relevant citizen of an Accession State shall be entitled to be registered in the register of local government electors under subsection (3)(c) unless he has become a relevant citizen of the Union following the accession to the European Union of the Accession State of which he is a national. . 3 In— a section 4(3)(c); b section 7B(3)(e) ; c section 7B(7)(a); d section 15(5)(a) ; e section 16(e) ; and f section 17(1)(c) , for “relevant citizen of the Union” substitute in each case “relevant citizen of the Union or of an Accession State”. 4 In section 49 (effect of registers), insert after subsection (5)— 5A Nothing in subsection (5) shall prevent a relevant citizen of an Accession State from being excluded from voting on the ground that the Accession State of which he is a national has not acceded to the European Union. . 5 In section 61(1) (other voting offences), for the words “For the purposes of this subsection” to the end of the subsection, substitute— For the purposes of this subsection, references to a person being subject to a legal incapacity to vote do not, in relation to things done before polling day at the election or first election at which or for which they are done— include his being below voting age if he will be of voting age on that day; include his being a citizen of an Accession State, and therefore not entitled to vote until the Accession State in question accedes to the European Union on 1st May 2004. . 6 In section 62 (offences as to declarations), insert after subsection (2)— 3 For the purposes of subsection (1), a person shall not be treated as being subject to a legal incapacity to vote because he is a citizen of an Accession State, and therefore not entitled to vote until the Accession State in question accedes to the European Union on 1st May 2004. . 7 In section 202(1) of the 1983 Act— a there shall be inserted at the appropriate place— “Accession State” means any of the following States— the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, or the Slovak Republic; ; “citizen of an Accession State” means a national of one of the Accession States and “relevant citizen of an Accession State” means such a citizen who is not a Commonwealth citizen or a citizen of the Republic of Ireland ; and b in the definition of “elector”, after the word “age”, insert “, or, subject to section 4(3A), those shown in the register as a relevant citizen of an Accession State,”. Modification of the Electoral Law (Northern Ireland) Act 1962 3 1 Paragraph 12A (supplementary provisions about voting offences) of Schedule 9 to the Electoral Law (Northern Ireland) Act 1962, shall for the purposes of— a the registration of relevant citizens of the Accession States as local electors before 1st May 2004, and b making arrangements for persons so registered to exercise the right to vote if they become relevant citizens of the Union on 1st May 2004, apply subject to the modification in paragraph (2). 2 In sub-paragraph (1), for the words “For the purposes of this sub-paragraph” to the end of the sub-paragraph, substitute— For the purposes of this sub-paragraph, references to a person being subject to a legal incapacity to vote do not, in relation to things done before polling day at the election or first election at which or for which they are done— include his being below voting age if he will be of voting age on that day; include his being a citizen of an Accession State, and therefore not entitled to vote until the Accession State in question accedes to the European Union on 1st May 2004. . Modification of the 1989 Act as regards the application of the 1983 Act to local elections in Northern Ireland 4 Section 2 of, and Schedule 1 to, the 1989 Act (application of provisions of Representation of the People Act 1983 to local elections in Northern Ireland) shall for the purposes of— a the registration of relevant citizens of the Accession States as local electors before 1st May 2004, b making arrangements for persons so registered to exercise the right to vote if they become relevant citizens of the Union on 1st May 2004, and c the alteration or removal of entries on the register in relation to relevant citizens of the Accession States after that date, apply subject to the further modifications to the 1983 Act made in regulation 2 above. Amendment of the 2001 Franchise Regulations: applications and declarations to be sent to the appointed person 5 Regulation 8 (copies of certain applications and declarations to be sent to the Secretary of State) of the 2001 Franchise Regulations shall be amended as follows— a in paragraph (1), for “Secretary of State” substitute “the person shown as the representative of the State in respect of which the applicant is a national in a direction containing a list of such representatives issued by the Lord Chancellor in accordance with paragraph (3) below”. b insert after paragraph (2)— 3 The Lord Chancellor shall issue directions identifying the representative for each Member State of the European Union to whom the documents referred to in paragraph (1) above are to be sent. . Modification of the 2001 Franchise Regulations 6 The provisions of the 2001 Franchise Regulations shall apply for the purposes of— a the registration of relevant citizens of the Accession States as European Parliamentary electors before 1st May 2004, b making arrangements for persons so registered to exercise the right to vote if they become relevant citizens of the Union on 1st May 2004, and c the alteration or removal of entries on the register in relation to relevant citizens of the Accession States after that date, subject to the modifications made in Schedule 1 to these Regulations. Consequential modifications 7 The provisions of the Representation of the People (England and Wales) Regulations 2001 , the Representation of the People (Scotland) Regulations 2001 , the Representation of the People (Northern Ireland) Regulations 2001 , the Local Elections (Northern Ireland) Order 1985 , the Scottish Parliament (Elections etc ) Order 2002 and the National Assembly for Wales (Representation of the People) Order 2003 shall apply for the purposes of— a the registration of relevant citizens of the Accession States as local electors before 1st May 2004, b making arrangements for persons so registered to exercise the right to vote if they become relevant citizens of the Union on 1st May 2004, and c the alteration or removal of entries on the register in relation to relevant citizens of the Accession States after that date, subject to the modifications made in Schedule 2 to these Regulations. Signed by authority of the First Secretary of State Nick Raynsford Minister of State, Office of the Deputy Prime Minister 12th June 2003