Referendums (Scotland) Act 2020

17 (1) An alteration in the register of local government electors under section 13A(2) (alteration of registers) or 56 (registration appeals) of the 1983 Act which is to take effect after the fifth day before the date of the referendum does not have effect for the purposes of the referendum. S

(2) For the purposes of sub-paragraph (1), the following days are to be disregarded—

(a) a Saturday or Sunday,

(b) Christmas Eve, Christmas Day or Easter Monday,

(c) a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971,

(d) a day appointed for public thanksgiving or mourning.

(3) Section 13B(2) to (6) of the 1983 Act applies in relation to the referendum as it applies in relation to an election to which that section applies but as if—

(a) any reference to the appropriate publication date were a reference to the fifth day before the date of the referendum,

(b) any reference to the date of the poll at such an election were a reference to the date of the referendum,

(c) any reference to the relevant election area were a reference to the area for which the registration officer acts,

(d) any reference to the prescribed time on the day of the poll were a reference to 9pm on the date of the referendum,

(e) any reference to the issuing of a notice in the prescribed manner were a reference to the issuing of the notice in such manner and form as the registration officer may determine.

(4) Section 13AB of the 1983 Act applies in relation to the referendum as it applies in relation to an election to which that section applies, but as if—

(a) the reference in subsection (1)(b) to the relevant election area were a reference to the area for which the registration officer acts,

(b) the reference in subsection (2) to the issuing of a notice in the prescribed manner were a reference to the issuing of the notice in such manner and form as the registration officer may determine,

(c) for subsections (4) to (6) there were substituted—

“(4) There are two interim publication dates, which are to be determined by the registration officer.

(5) The second interim publication date must be before the appropriate publication date.

(6) Before determining the interim publication dates, the registration officer must consult the counting officer.”,

(d) the reference in subsection (5) to the appropriate publication date were a reference to the fifth day before the date of the referendum,

(e) in subsection (7)—

(i) in paragraph (a), “or 13BC(3) or (6)” were omitted,

(ii) paragraph (b)(ii) were omitted,

(f) subsections (7A), (8), (9) and (10) were omitted.

(5) The Scottish Ministers may by regulations modify sub-paragraph (1), (3)(a) or (4)(d) for the purposes of the referendum.

(6) Regulations under sub-paragraph (5) are subject to the negative procedure.

(7) The Scottish Ministers must consult the Electoral Commission before making regulations under sub-paragraph (5).