Representation of the People (Scotland) Regulations 2001

Service declarations S

Qualification for Crown servant S

14.  A person (not being a member of the forces within the meaning of section 59(1) of the 1983 Act) who is employed in the service of the Crown in a post outside the United Kingdom falls within the class or description referred to in section 14(1)(b) of the 1983 Act if he is required to devote his whole working time to the duties of that post and the remuneration of it is paid wholly out of money provided by Parliament.

Commencement Information

I1 Reg. 14 in force at 16.2.2001, see reg. 1(1)

Contents of service declaration S

15.—(1) In addition to the matters specified in paragraphs (a) to (f) of section 16 of the 1983 Act(1), a service declaration shall state–

(a) the declarant’s full name and present address,

(b) the grounds on which the declarant claims a service declaration, and

(c) such of the particulars specified in paragraph (2), (3) or (4) below as are relevant to the service qualification claimed by the declarant.

(2) Where the declarant claims a service qualification on the grounds that he is a member of the forces (within the meaning of section 59(1) of the 1983 Act) or the spouse [F1 or civil partner] of such a member, the service declaration shall state–

(a) the service (whether naval, military or air forces) in which that member serves,

(b) the rank or rating of that member, and

(c) the service number of that member;

and where that member serves in the military forces, the service declaration shall in addition state the regiment or corps in which he serves.

(3) Where the declarant claims a service qualification on the grounds that he is a Crown servant to whom regulation 14 above applies or the spouse [F2 or civil partner] of such a servant, the service declaration shall state–

(a) the name of the Government department (which, for the purposes of this paragraph, includes the Scottish Administration) in which that servant works, and

(b) a description of the post of that servant.

(4) Where the declarant claims a service qualification on the grounds that he is a British Council employee or the spouse [F3 or civil partner] of such an employee, the service declaration shall state a description of the post of that employee.

Textual Amendments

F1 Words in reg. 15(2) inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 1, Sch. 10 para. 1(2)

F2 Words in reg. 15(3) inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 1, Sch. 10 para. 1(2)

F3 Words in reg. 15(4) inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 1, Sch. 10 para. 1(2)

Commencement Information

I2 Reg. 15 in force at 16.2.2001, see reg. 1(1)

Transmission of service declaration S

16.—(1) A service declaration made by a member of the forces or his spouse [F4 or civil partner] shall be transmitted to the appropriate registration officer.

(2) A service declaration made by a person who is or will be a Crown servant or by his spouse shall be transmitted by the declarant to the Government department under which that person or his spouse [F5 or civil partner] is or will be employed or to an officer designated by that department and transmitted by that department or officer to the appropriate registration officer.

(3) A service declaration made by a person who is or will be a British Council employee or by his spouse [F6 or civil partner] shall be transmitted by the declarant to the British Council and transmitted by the British Council to the appropriate registration officer.

(4) In this regulation, the “appropriate registration officer” means the registration officer for the area within which is situated the address specified in the declaration in accordance with section 16(d) of the 1983 Act(2).

Textual Amendments

F4 Words in reg. 16(1) inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 1, Sch. 10 para. 1(3)

F5 Words in reg. 16(2) inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 1, Sch. 10 para. 1(3)

F6 Words in reg. 16(3) inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 1, Sch. 10 para. 1(3)

Commencement Information

I3 Reg. 16 in force at 16.2.2001, see reg. 1(1)

Notification by registration officer in respect of service declarations S

17.—(1) Where the registration officer is satisfied that the service declaration is duly made he shall so notify the declarant.

(2) Where the registration officer rejects an application for registration in pursuance of a service declaration because it–

(a) does not contain the particulars required in paragraphs (a) to (f) of section 16 of the 1983 Act and regulation 15 above, or

(b) does not comply with the requirements of sections 14 and 15 of the 1983 Act 1983(3) or, where appropriate, regulation 14 or 16 above,

he shall return the declaration to the declarant setting out his reasons for so doing.

Commencement Information

I4 Reg. 17 in force at 16.2.2001, see reg. 1(1)

(1)

Section 16 was amended by Schedule 1 to the 2000 Act.

(2)

Section 16(d) was amended by Schedule 1 to the 2000 Act.

(3)

Sections 14 and 15 were amended by Schedule 1 to the 2000 Act.