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 anoverseas 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 previousresidence condition.

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

(a) the person has at some time in the past been entered in an electoralregister in respect of an address at a place that is situated within theconstituency, and
(b) subsequent to that entry ceasing to have effect, the person has not beenincluded in any electoral register (whether in respect of the addressmentioned 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 UnitedKingdom,
(b) on the last day on which the person was resident in the UnitedKingdom, the person—

(i) was resident at an address at a place that is situated withinthe constituency, or
(ii) was not so resident but could have made a declaration undersection 7B of the principal Act (a “declaration of localconnection”) in respect of such an address, and

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

(4) For the purposes of subsection (3)(b)(ii), it is to be assumed that section 7B ofthe principal Act was in force on the last day on which the person was residentin 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 ofelectors prepared for the purposes of local elections (within themeaning of the Electoral Law Act (Northern Ireland) 1962)).