Representation of the People (Scotland) Regulations 2001

Overseas electors' declarations S

Contents of overseas elector’s declaration S

[F1 18.— (1) In addition to the information required by section 1C(1) to (4) of the 1985 Act, an overseas elector’s declaration must include the information required by this regulation relating to the declarant (‘D’).

(2) The declaration must include an indication as to whether D’s name has changed—

(a) where D applies to be registered in reliance on the previous registration condition, since D was last included in an electoral register;

(b) where D applies to be registered in reliance on the previous residence condition, since D was (as the case may be)—

(i) last resident at the address included in the declaration in accordance with section 1C(3)(a)(i) of the 1985 Act, or

(ii) where section 1C(4) of the 1985 Act applies, last resident in the United Kingdom.

(3) Where in accordance with paragraph (2) an indication is included in the declaration that D’s name has changed, the declaration must also include—

(a) D’s name in respect of which D was last registered or when D was last resident (as the case may be), and

(b) an explanation for the change of name.

(4) The declaration must include D’s present address.

(5) The declaration must include—

(a) the number and date and place of issue of D’s relevant passport,

(b) if D does not have a relevant passport but was born in the United Kingdom before 1st January 1983, an indication of those facts, or

(c) if D does not have a relevant passport and was not born in the United Kingdom before 1st January 1983, a statement as to when and how D acquired the status of British citizen, together with the date, place and country of D’s birth.

(6) In paragraph (5)—

“relevant passport” means a British passport (whether current or expired) which describes D’s national status as “British citizen”;

“the United Kingdom” has the same meaning as in section 50 of the British Nationality Act 1981.

(7) Where D applies to be registered in reliance on the previous registration condition, the declaration must include an indication as to whether when last registered D was registered in pursuance of—

(a) an overseas elector’s declaration,

(b) a service declaration, or

(c) a declaration of local connection.

(8) Where D applies to be registered in reliance on the previous residence condition—

(a) the declaration must include an indication as to whether D was under 18 years old on the last day that D was resident in the United Kingdom, and

(b) where D indicates that D was under 18 years old on that last day, D may provide as part of D’s declaration any information or document described in regulation 26C.

(9) Where section 1C(4) of the 1985 Act applies, the declaration must include—

(a) a statement as to which of the categories of persons, to which section 7B of the 1983 Act (notional residence: declarations of local connection) applies, applied to D on the last date that D was resident in the United Kingdom, and

(b) where section 7B(2)(a) or (b) applied to D, the name and address of the mental hospital (within the meaning of section 7 of the 1983 Act) at which D was a patient, or (as the case may be) of the place at which D was detained, on that date.]

Textual Amendments

F1 Reg. 18 substituted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 9(2) (with Sch. 2 para. 2(c))

Certain declarants to supply copy of birth certificates S

F2 19.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Reg. 19 omitted (16.1.2024) by virtue of The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 9(3) (with Sch. 2 para. 2(c))

Attestation of certain overseas electors' declarations S

F3 20.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Reg. 20 revoked (6.4.2014) by The Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3206), reg. 1(5)(a), Sch. 2

Transmission of overseas elector’s declaration S

21.  An overseas elector’s declaration shall be transmitted to the registration officer for that part of a constituency within which is situated the address specified in the declaration in accordance with [F4 section 1C(2)(a)(i), (3)(a)(i) or (4) of the 1985 Act by—

(a) the Secretary of State, where the declaration forms part of an application made through the digital service in accordance with regulation 26(9);

(b) otherwise, by the declarant.]

Textual Amendments

F4 Words in reg. 21 substituted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 9(4) (with Sch. 2 para. 2(c))

Commencement Information

I1 Reg. 21 in force at 16.2.2001, see reg. 1(1)

Notification about registration as overseas elector S

22.—(1) Where the registration officer is satisfied that the declarant qualifies as an overseas elector under the provisions of [F5 section 1A] of the 1985 Act, he shall so notify the declarant.

(2) Where the registration officer rejects an application for registration in pursuance of an overseas elector’s declaration because–

(a) in his opinion the declarant does not qualify as an overseas elector under [F6 section 1A] of the 1985 Act, or

(b) the declaration does not satisfy the requirements of [F7 section 1C of the 1985 Act or regulation 18], F8 ...

F8 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9 the registration officer must notify the declarant in writing and set out the officer’s reasons for rejecting the application for registration.]

F10 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Words in reg. 22(1) substituted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 9(5)(a) (with Sch. 2 para. 2(c))

F6 Words in reg. 22(2)(a) substituted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 9(5)(b)(i) (with Sch. 2 para. 2(c))

F7 Words in reg. 22(2)(b) substituted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 9(5)(b)(ii) (with Sch. 2 para. 2(c))

F8 Reg. 22(2)(c) and word omitted (16.1.2024) by virtue of The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 9(5)(b)(iii) (with Sch. 2 para. 2(c))

F9 Words in reg. 22(2) substituted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 9(5)(b)(iv) (with Sch. 2 para. 2(c))

F10 Reg. 22(3) revoked (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 2 (as amended by S.I. 2019/1389, regs. 1, 2(2))

Commencement Information

I2 Reg. 22 in force at 16.2.2001, see reg. 1(1)