Scottish Elections (Franchise and Representation) Act 2020
| Jurisdiction | Scotland |
| Citation | 2020 asp 6 |
| Year | 2020 |
(1) The Representation of the People Act 1983 is amended as follows.after “or” insert “—“ other than in Scotland ” , andafter “Union” insert “ or (if the declaration is made for the purposes only of the registration of local government electors in Scotland) a qualifying foreign national ” , andin subsection (7B) , after paragraph (aa) (inserted by section 8(2) (c) of this Act) insert—“ (except where the declaration is made for the purposes only of the registration of local government electors in Scotland) ” , andafter “Union” insert “ or (if the declaration is made for the purposes only of the registration of local government electors in Scotland) a qualifying foreign national ” .after “or” in the second place it occurs insert “ (in relation to a declaration made other than for the purposes of the registration of local government electors in Scotland) ” , andafter “Union” insert “ or (in relation to a declaration made for the purposes of the registration of local government electors in Scotland) a qualifying foreign national ” .(8) In section 49(5) (b) (effect of registers) , after sub-paragraph (iv) insert—“ qualifying foreign national ” .(3) In subsection (2) , the following definitions are repealed—In section 29 of the Local Government (Scotland) Act 1973 (qualifications for nomination, election and holding office as a member of a local authority) , subsection (1A) is repealed. (1) Section 3 of the Representation of the People Act 1983 (disenfranchisement of offenders in prison etc.) is amended as follows.(2) In subsection (1) , after “election” insert “ ,
- (i) except in Scotland,
- (ii) in Scotland, a qualifying foreign national,
- (i) except in relation to a local government election in Scotland,
- (ii) in relation to a local government election in Scotland, a qualifying foreign national,
- (ab) a declaration of local connection made by a qualifying foreign national,
- (aa) a service declaration made by a qualifying foreign national,
- (v) in the case of a person registered as a local government elector in Scotland or entered in the list of proxies by virtue of being a qualifying foreign national, a qualifying foreign national,
- “qualifying foreign national” means a person of any nationality who—
- (a) is not a Commonwealth citizen or a citizen of the Republic of Ireland, and
- (b) either—
- (i) is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or
- (ii) is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) any description of such leave,
- “(2A) A person is not disqualified from being a member of the Parliament merely because of section 3 of the Act of Settlement, provided the person—
- (a) is resident in the United Kingdom, and
- (b) meets one of the conditions mentioned in subsection (2B) .
- “citizen of the Union”,
- “relevant citizen of the Union”
- “(5) For the purposes of this section, a “qualifying foreign national” means a person of any nationality who—
- (a) is not a Commonwealth citizen or a citizen of the Republic of Ireland, and
- (b) meets one of the conditions mentioned in subsection (6) .
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