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United Kingdom, Elections Act 2022: Part 2, accessed 20 June 2024:

14 Extension of franchise for parliamentary elections: British citizens overseas

1. For sections 1 and 2 of the Representation of the People Act 1985 substitute—

“1 Extension of parliamentary franchise

1. A person is entitled to vote as an elector at a parliamentary election in a constituency if—

(a) on the declaration date, the person—

(i) qualifies as an overseas elector in respect of that constituency (see section 1A),

(ii) is not subject to any legal incapacity to vote (age apart), and

(iii) is a British citizen, and

(b) on the date of the poll, the person—

(i) is not subject to any legal incapacity to vote,

(ii) is a British citizen, and

(iii) is registered in a register of parliamentary electors for that constituency.

(2) In this section, “the declaration date” means—

(a) the date on which the person makes a declaration under and in accordance with section 1C (overseas elector’s declaration), or

(b) where the person makes a declaration under and in accordance with section 1E (renewal declaration), the date on which the person makes the declaration.

1A Qualification as an overseas elector in respect of a constituency

(1) For the purposes of this Act and the principal Act, a person qualifies as an overseas elector in respect of a constituency on the declaration date if—

(a) on that date the person is not resident in the United Kingdom, and

(b) the person satisfies the previous registration condition or the previous residence condition.

(2) A person satisfies the previous registration condition if—

(a) the person has at some time in the past been entered in an electoral register in respect of an address at a place that is situated within the constituency, and

(b) subsequent to that entry ceasing to have effect, the person has not been included in any electoral register (whether in respect of the address mentioned in paragraph (a) or any other address).

(3) A person satisfies the previous residence condition if—

(a) the person has at some time in the past been resident in the United Kingdom,

(b) on the last day on which the person was resident in the United Kingdom, the person—

(i) was resident at an address at a place that is situated within the constituency, or

(ii) was not so resident but could have made a declaration under section 7B of the principal Act (a “declaration of local connection”) in respect of such an address, and

(c) subject to section 1B(4), the person has not at any time been included in any electoral register (whether in respect of the address mentioned in paragraph (b) or any other address).

(4) For the purposes of subsection (3)(b)(ii), it is to be assumed that section 7B of the principal Act was in force on the last day on which the person was resident in the United Kingdom.

(5) In this section—

• “declaration date” has the same meaning as in section 1;

• “electoral register” means—

(a) a register of parliamentary electors, or

(b) a register of local government electors (including a register of electors prepared for the purposes of local elections (within the meaning of the Electoral Law Act (Northern Ireland) 1962)).

1B British citizens overseas: entitlement to be registered

(1) A person is entitled to be registered in a register of parliamentary electors in pursuance of a declaration made by the person under and in accordance with section 1C (an “overseas elector’s declaration”) if the following two conditions are satisfied.

(2) The first condition is that the register is for the constituency or part of the constituency within which is situated the place of the address specified in the declaration by virtue of—

(a) section 1C(2) (a) (where the person is seeking to be registered in reliance on the previous registration condition), or

(b) section 1C(3) (a) or (4) (where the person is seeking to be registered in reliance on the previous residence condition).

(3) The second condition is that the registration officer concerned is satisfied that, on the date on which the person makes the declaration, the person qualifies as an overseas elector in respect of the constituency.

(4) Where—

(a) a person applies to be registered in a register of parliamentary electors in reliance on the previous residence condition, and

(b) the registration officer concerned considers that insufficient evidence is available for the purpose of determining whether the person has at any time been included in any electoral register (within the meaning of section 1A),

the officer may disregard section 1A(3)(c) in determining whether the person satisfies the previous residence condition.

(5) An overseas elector’s declaration made by a person is of no effect unless received by the registration officer concerned within the period of 3 months beginning with the date on which the person makes the declaration.

(6) For the purposes of section 1A, where a person is registered in a register of parliamentary electors for a constituency or part of a constituency in pursuance of an overseas elector’s declaration, it is to be conclusively presumed that the person was not resident in the United Kingdom on the date on which the person made the declaration.

(7) See also sections 10ZC and 10A of the principal Act, which (among other things) contain provision about the making of applications for registration.