Representation of the People (Scotland) Regulations 2001

PART II S SERVICE AND OVERSEAS ELECTORS' DECLARATIONS

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.

[F1 (1A) In relation to the registration of local government electors, paragraph (1)(c) does not apply in a case where the declarant claims a service qualification under section 14(1A) of the 1983 Act (see instead regulation 15A).]

(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 [F2 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 [F3 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, F4 ...

(b) a description of the post of that servant [F5 , and

(c) any staff number, payroll number or other similar identifying number of that servant].

(4) Where the declarant claims a service qualification on the grounds that he is a British Council employee or the spouse [F6 or civil partner] of such an employee, the service declaration shall [F7 state—

(a) a description of the post of that employee, and

(b) any staff number, payroll number or other similar identifying number of that employee].

Textual Amendments

F1 Reg. 15(1A) inserted (25.7.2015) by Scottish Elections (Reduction of Voting Age) Act 2015 (asp 7), ss. 10(2), 21

F2 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)

F3 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)

F4 Word in reg. 15(3)(a) omitted (9.12.2014) by virtue of The Representation of the People (Scotland) (Amendment No. 2) Regulations 2014 (S.I. 2014/3124), regs. 1, 3(a)(i)

F5 Reg. 15(3)(c) and word inserted (9.12.2014) by The Representation of the People (Scotland) (Amendment No. 2) Regulations 2014 (S.I. 2014/3124), regs. 1, 3(a)(ii)

F6 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)

F7 Words in reg. 15(4) substituted (9.12.2014) by The Representation of the People (Scotland) (Amendment No. 2) Regulations 2014 (S.I. 2014/3124), regs. 1, 3(b)

Modifications etc. (not altering text)

C1 S. 15 modified (18.12.2013) by 2013 asp 13, s. 7A(6) (as inserted by Scottish Independence Referendum Act 2013 (asp 14), ss. 3(3), 36)

Commencement Information

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

[F8 Contents of service declaration: declarant with a service qualification under section 14(1A) of the 1983 Act S

15A— (1) In relation to the registration of local government electors, a service declaration by a person claiming a service qualification under section 14(1A) of the 1983 Act must include, in addition to the matters specified in regulation 15(1)(a) and (b), such of the particulars specified in paragraph (2), (3) or (4) as are relevant to the declarant.

(2) Where the declarant claims a service qualification on the grounds that a parent or guardian of the declarant is a member of the forces (within the meaning of section 59(1) of the 1983 Act) or the spouse or civil partner of such a member, the declaration must state—

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

(b) the rank or rating of the member,

(c) the service number of the member, and

(d) where the member serves in the military forces, the regiment or corps in which the member serves.

(3) Where the declarant claims a service qualification on the grounds that a parent or guardian of the declarant is a Crown servant to whom regulation 14 applies or the spouse or civil partner of such a servant, the declaration must state—

(a) the name of the Government department or part of the Scottish Administration in which the servant works,

(b) a description of the post of the servant, and

(c) any staff number, payroll number or other similar identifying number of the servant.

(4) Where the declarant claims a service qualification on the grounds that a parent or guardian of the declarant is a British Council employee or the spouse or civil partner of such an employee, the declaration must state—

(a) a description of the post of the employee, and

(b) any staff number, payroll number or other similar identifying number of the employee.]

Textual Amendments

F8 Reg. 15A inserted (25.7.2015) by Scottish Elections (Reduction of Voting Age) Act 2015 (asp 7), ss. 10(3), 21

[F9 Transmission of service declaration S

16.   A service declaration—

(a) must be transmitted to 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; and

(b) may be transmitted through the digital service.]

Textual Amendments

F9 Reg. 16 substituted (9.12.2014) by The Representation of the People (Scotland) (Amendment No. 2) Regulations 2014 (S.I. 2014/3124), regs. 1, 4

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(2) 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

I3 Reg. 17 in force at 16.2.2001, see reg. 1(1)

Overseas electors' declarations S

Contents of overseas elector’s declaration S

[F10 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

F10 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

F11 19.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 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

F12 20.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 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 [F13 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

F13 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

I4 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 [F14 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 [F15 section 1A] of the 1985 Act, or

(b) the declaration does not satisfy the requirements of [F16 section 1C of the 1985 Act or regulation 18], F17 ...

F17 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F18 the registration officer must notify the declarant in writing and set out the officer’s reasons for rejecting the application for registration.]

F19 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 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))

F15 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))

F16 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))

F17 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))

F18 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))

F19 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

I5 Reg. 22 in force at 16.2.2001, see reg. 1(1)

[F20 Overseas electors: reminders and renewal declarations S

Textual Amendments

F20 Regs. 22A-22D and cross-heading inserted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 9(6) (with Sch. 2 para. 3(1)(2))

Reminders to electors registered pursuant to an overseas elector’s declaration S

22A.— (1) Subject to paragraph (3), the registration officer must, during the relevant period, send to an elector registered pursuant to an overseas elector’s declaration—

(a) a reminder, and

(b) within a reasonable time after sending that reminder, a second reminder.

(2) In paragraph (1)—

(a) the “relevant period” means the period—

(i) beginning with the 1st July immediately before the 1st November on which the person’s registration will end in accordance with section 1D(1)(a) or (3)(a) of the 1985 Act, and

(ii) ending with that 1st November;

(b) a “reminder” is a reminder of the need to make a renewal declaration if the elector wishes to remain registered pursuant to an overseas elector’s declaration.

(3) Paragraph (1)(a) and (b) does not apply in respect of an elector registered pursuant to an overseas elector’s declaration where—

(a) the registration officer has received a renewal declaration from that elector, or

(b) information which the registration officer has received indicates that that elector is no longer entitled to make a renewal declaration.

Renewal declarations S

22B.— (1) A renewal declaration must be in writing and must include the declarant’s present address.

(2) The Electoral Commission must—

(a) design a paper renewal declaration form which—

(i) requires the information required by paragraph (1) and section 1E(1) and (2) of the 1985 Act,

(ii) includes a statement that it is an offence to provide false information to the registration officer, together with a statement of the maximum penalty for that offence, and

(iii) includes space for the email address and telephone number of the declarant and an explanation that provision of this information is not mandatory,

(b) seek the approval of the Secretary of State to the design of that form, and

(c) having obtained that approval, make the form available to registration officers.

(3) The registration officer may authorise the declarant to provide the information required by paragraph (1) and by section 1E(1) and (2) of the 1985 Act to the registration officer by telephone or in person and, where the registration officer does so, the registration officer must transfer the information provided by the declarant into a renewal declaration in writing.

(4) Where, by virtue of arrangements made by the Secretary of State, a renewal declaration may be made through the digital service, the Secretary of State must—

(a) request the declarant’s email address and telephone number and provide an explanation of the purpose for which this information will be used and that provision of this information is not mandatory, and

(b) send to the registration officer any declaration the Secretary of State receives, together with—

(i) the declarant’s email address and telephone number (if provided), and

(ii) a reference number unique to that declaration.

Transmission of renewal declaration S

22C.   A renewal declaration must be transmitted to the registration officer who maintains the register of parliamentary electors in which the declarant is registered pursuant to an overseas elector’s declaration by—

(a) the Secretary of State, where regulation 22B(4)(b) applies;

(b) otherwise, by the declarant.

Notification about continued registration as overseas elector following renewal declaration S

22D.— (1) Where the registration officer is satisfied that the declarant of a renewal declaration is entitled to remain registered in pursuance of an overseas elector’s declaration in accordance with section 1D(2)(b) of the 1985 Act, the registration officer must notify the declarant of that fact.

(2) Where the registration officer is not so satisfied, the registration officer must notify the declarant of that fact together with the registration officer’s reasons for not being satisfied that the declarant is entitled to remain registered in pursuance of an overseas elector’s declaration.]

(1)

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

(2)

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