Section 2 provides in similar terms in relation to local government elections, but with the addition in (c) of the words “or a relevant citizen of the Union”, to meet the requirements of what is now article 22(1) TFEU. 6. Section 3 of the Act, as amended by section 24 of and paragraph 1 of Schedule 4 to the Representation of the People Act 1985, disenfranchises serving prisoners, providing: “Disfranchisement of offenders in prison etc (1) A convicted person during the time that he is detained in a penal institution in pursuance of his sentence or unlawfully at large when he would otherwise be so detained is legally incapable of voting at any parliamentary or local government election. (2) For this purpose-(a) ‘convicted person’ means any person found guilty of an offence (whether under the law of the United Kingdom or not), ….., but not including a person dealt with by committal or other summary process for contempt of court; … (c) a person detained for default in complying with his sentence shall not be treated as detained in pursuance of the sentence…” The effect of the last words of section 3(2)(a) and of section 3(2)(c) is to exclude persons imprisoned for contempt of court or default in paying a fine. 7. Entitlement to vote in European Parliamentary elections is provided domestically by the European Parliamentary Elections Act 2002 (“EPEA”). For present purposes section 8(2) and (3) are relevant, and they confer such entitlement on a person: “(2) ….. if on the day of the poll he would be entitled to vote as an elector at a parliamentary election in a parliamentary constituency wholly or partly comprised in the electoral region, and— Page 5

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