Draft Regulations laid before the Scottish Parliament under section 105(2A) of the National Health Service (Scotland) Act 1978, for approval by resolution of the Scottish Parliament.
2010 No.
The Health Board Elections (Scotland) Amendment Regulations 2010
Made
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 2(10A) and 105(7) of, and by paragraph 12(1), (2) and (3) of Schedule 1A to the National Health Service (Scotland) Act 19781 and all other powers enabling them to do so.
In accordance with section 105(2A) of that Act, a draft of these Regulations has been laid before and approved by resolution of the Scottish Parliament.
Citation and commencement1
These Regulations may be cited as the Health Board Elections (Scotland) Amendment Regulations 2010 and come into force on 15th February 2010.
Amendment of the Health Board Elections (Scotland) Regulations 20092
1
The Health Board Elections (Scotland) Regulations 20092 are amended as follows.
2
After regulation 5 insert—
Application of the 1983 Act5A
1
Without prejudice to regulation 6, the following provisions of the 1983 Act3 apply, with modifications, to a Health Board election.
2
Section 60 (personation) of the 1983 Act4 applies to a Health Board election with the following modifications—
a
for subsection (2) substitute—
2
A person shall be deemed to be guilty of personation at a Health Board election if that person votes by post as some other person whether that other person is living or dead or is a fictitious person.
b
in subsection (3) omit “who has applied for a ballot paper for the purpose of voting in person or”.
3
Section 61 (other voting offences) of the 1983 Act5 applies to a Health Board election with the following modifications—
a
omit subsections (1), (2A), (3), (3A), (4), (6A) and (6B);
b
for subsection (2) substitute—
2
A person shall be guilty of an offence if that person votes either—
a
more than once in the same Health Board area; or
b
in more than one Health Board area.
c
for subsection (6) substitute—
6
For the purposes of this section a person who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, shall be deemed to have voted.
d
in subsection (7)(a) for “below” substitute “as applied to a Health Board election by the Health Board Elections (Scotland) Regulations 2009”.
4
Section 65 (tampering with nomination papers, ballot papers etc.) of the 1983 Act6 applies to a Health Board election with the following modifications—
a
any reference to—
i
a local government election; or
ii
a parliamentary or local government election,
is to be read as a reference to a Health Board election.
b
in subsection (1)(b)—
i
omit “postal voting statement or”; and
ii
for “declaration of identity or official” substitute “covering”;
c
omit subsection (1)(e); and
d
in subsection (3) omit “, a presiding officer”.
3
Omit the cross heading to regulation 6 (application of Part 3 of the 1983 Act).
4
In rule 5 of the Schedule (voters - eligibility)—
a
before “An individual” insert “(1)”;
b
at the end insert—
2
A voter may not vote in more than one Health Board area.
3
A voter may not vote more than once in the same Health Board area.
(This note is not part of the Regulations)