The Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007

[F1 Consequence of failure to provide required information S

15C.— (1) Subject to paragraph (2), where, upon the expiry of the period of 6 weeks following the date of sending of a notice under regulation 15A(1) to an absent voter, the registration officer has not received a fresh signature–

(a) the registration officer must remove that voter’s entry from the absent voting records; and

(b) that voter shall not be entitled to vote by post, by proxy or by post as a proxy (as the case may be) at local government elections in Scotland, or a particular local government election in Scotland, otherwise than in pursuance of a further application made under Schedule 4.

(2) The registration officer must not remove the absent voter’s entry if the registration officer is satisfied that the voter is unable–

(a) to provide a signature because of any disability the voter has;

(b) to provide a signature because the voter is unable to read or write; or

(c) to sign in a consistent and distinctive way because of any such disability or inability,

and, where the registration officer is so satisfied, entries of the voter in the absent voting records shall not show the voter’s signature.

(3) Where an absent voter ceases to be entitled to vote by post, by proxy or by post as a proxy in the circumstances to which paragraph (1) refers–

(a) the registration officer must inform the voter, where appropriate, of the location of the polling station to which the voter has been allotted or is likely to be allotted, under [F2 rule 22 of Schedule 1 to the Scottish Local Government Elections Order 2011], unless that voter is not likely to be allotted to a polling station;

(b) regulations 12(4) and 13 must apply as if the registration officer were refusing an application under Schedule 4; and

(c) in the case of an absent voter who ceases to be entitled to vote by post as a proxy, the registration officer must also notify the elector for whom the proxy was appointed.

(4) Where paragraph (3) applies, the registration officer must provide the absent voter with information–

(a) explaining the effect of removal from the absent voting records; and

(b) explaining that the absent voter may make a fresh application under Schedule 4 to vote by post, by proxy or by post as a proxy (as the case may be).]

Textual Amendments

F1 Regs. 15A-15C inserted (31.3.2009) by The Absent Voting at Scottish Local Government Elections (Provision of Personal Identifiers) Regulations 2009 (S.S.I. 2009/35), regs. 1, 9

F2 Words in reg. 15C substituted (10.11.2011 except for the purposes of any election to be held on or before 2.5.2012) by The Scottish Local Government Elections Order 2011 (S.S.I. 2011/399), arts. 1(1), 5(1)