The Representation of the People (Scotland) Amendment Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Representation of the People (Scotland) Regulations 1986 (“the 1986 Regulations”) and extend to Scotland only.

Regulation 62 of the 1986 Regulations sets out the additional requirements which apply where a person applies for an absent vote for an indefinite period on the grounds of physical incapacity. Paragraphs (2) and (3) of regulation 62 make provision for the attestation of such applications. Regulation 4(2) of these Regulations amends regulation 62(2) to allow any registered nurse to attest such an application (instead of a first level nurse). Paragraphs (5) and (6) of regulation 4 of these Regulations amend the provisions in regulation 62 in respect of attestation by registered medical practitioners, registered nurses and Christian Science practitioners. Where an application for an absent vote for an indefinite period is attested by such a person, he is required to state that he is treating the applicant for the physical incapacity specified in the application or that the applicant is receiving care from him in respect of that incapacity.

Regulations 64(2) and 67 of the 1986 Regulations set out the time by which applications relating to absent voting must be received by the registration officer in order to be effective at a particular election. Regulation 5 of these Regulations extends the deadline in respect of most applications from noon on the thirteenth working day before the day of the poll to 5pm on the eleventh working day before the day of the poll. In the case of applications falling within regulation 64(2) (late applications for an absent vote at a particular election because of unforeseen circumstances relating to the applicant’s health) the deadline is extended from noon on the sixth working day before the day of the poll to 5pm on that sixth day.