Section 17 Effect of service declaration.C1C2E1
England, Wales and Northern Ireland
Where a person’s service declaration is in force when he applies for registration, he shall be regarded for the purposes of section 4 above as—
resident on the date of the declaration at the address specified in it in accordance with section 16(d) above;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and
until the contrary is proved, as being a Commonwealth citizen or a citizen of the Republic of Ireland or F3—
if the declaration is made for the purposes only of the registration of local government electors in England, a qualifying EU citizen or an EU citizen with retained rights, or
if the declaration is made for the purposes only of the registration of local government electors in Wales, a relevant citizen of the Union or a qualifying foreign citizen,
of the age appearing from the declaration and as not being subject to any legal incapacity except as so appearing.
Where a service declaration appearing to be properly made out and (where required) attested is transmitted to the registration officer in the proper manner, the declarant shall, until the contrary is proved, be treated for the purposes of registration as having had from the date of the declaration or such later date, if any, as appears from it, and as continuing to have, a service qualification.
In relation to the registration of local government electors in Wales, subsection (2) is subject to section 15(3A).
Annotations
Textual amendments
- F1
S. 17(1) substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 8(a), Sch. 1 para. 10; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))
- F2
S. 17(1)(b) repealed (1.10.2014) by Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 14(1)(a)(viii), 28; S.I. 2014/2613, art. 2(2)(a)
- F3
Words in s. 17(1)(c) substituted (E.W.N.I.) (7.5.2024) by Elections Act 2022 (c. 37), s. 67(4)(b), Sch. 8 para. 1(7); S.I. 2023/1145, reg. 5(b) (with Sch. para. 1(3))
- F4
S. 17(3) inserted (E.W.) (1.6.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 20(5)(b), 42(3)(a)
Modifications
- C1
Ss. 12–17 extended (N.I) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I
- C2
Ss. 15-17 applied (with modifications) (17.2.1994) by S.I. 1994/342, regs. 1(2)(3), 2(2), 13(3)
- C3
S. 17(1)(c) modified (7.5.2024) by 1989 c. 3, Sch. 1 Pt. 2 para. 11B (as inserted by Elections Act 2022 (c. 37), s. 67(1), Sch. 8 para. 9(5)(c); S.I. 2023/1145, reg. 5(b) (with Sch. para. 1(3)))
Extent
- E1
This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only
Notes on Part I
Modifications
- C1
Pt. I (ss. 1–66) modified by Representation of the People Act 1985 (c. 50, SIF 42), s. 2(6)
- C2
Pt. 1 modified (E.W.) (25.5.2018) by The West Suffolk (Local Government Changes) Order 2018 (S.I. 2018/639), arts. 1, 20(7)
- C3
Pt. 1 modified (E.W.) (25.5.2018) by The East Suffolk (Local Government Changes) Order 2018 (S.I. 2018/640), arts. 1, 20(7)
- C4
Pt. 1 modified (E.W.) (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 39(6)
- C5
Pt. 1 modified (E.W.) (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 24(6)
- C6
Pt. 1 modified (E.W.) (26.5.2018) by The Somerset West and Taunton (Local Government Changes) Order 2018 (S.I. 2018/649), arts. 1, 20(7)
- C7
Pt. 1 modified (E.W.) (23.5.2019) by The Buckinghamshire (Structural Changes) Order 2019 (S.I. 2019/957), arts. 1, 18(6)
- C8
Pt. 1 modified (E.W.) (14.2.2020) by The Northamptonshire (Structural Changes) Order 2020 (S.I. 2020/156), arts. 1, 20(8)
- C9
Pt. 1 modified (E.W.) (14.2.2020) by The Northamptonshire (Structural Changes) Order 2020 (S.I. 2020/156), arts. 1, 20(14)
- C10
Pts. 1, 2 modified (E.W.) (10.3.2026) by The Surrey (Structural Changes) Order 2026 (S.I. 2026/264), arts. 1(1), 47(5)(11), 49(5)(11)