Representation of the People (Scotland) Regulations 2001

INFORMATION ABOUT ELECTORS S

Power to require information S

23.—(1) A registration officer may require any person to give information required for the purposes of that officer’s duties in maintaining registers of parliamentary and local government electors.

(2) If any person–

(a) fails to comply with F1 ...

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

any such requisition of the registration officer, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Textual Amendments

F1 Reg. 23(2)(b) and word omitted (1.4.2007) by virtue of The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 3

Commencement Information

I1 Reg. 23 in force at 16.2.2001, see reg. 1(1)

Evidence as to age and nationality S

24.—(1) Where a registration officer has doubts about a person’s age or nationality, he may require that person to produce such evidence as is specified in paragraph (2) below for the purposes of registration.

(2) The evidence which the registration officer may require is as follows–

(a) a birth certificate or a statutory declaration as to the person’s date of birth;

(b) a certificate of naturalisation;

(c) where a person has made an overseas elector’s declaration, further evidence of his status as a British citizen including a document showing that he has become a British citizen by virtue of registration;

(d) in any other case–

(i) a document showing that he has become a Commonwealth citizen by virtue of registration; or

(ii) a statutory declaration that he is a qualifying Commonwealth citizen or citizen of the Republic of Ireland or a relevant citizen of the Union.

(3) If any fee is payable in connection with the making of a declaration for the purposes of this regulation, the registration officer shall pay that fee and it shall be treated as part of his registration expenses within the meaning of section 54(1) of the 1983 Act(1).

(4) Any such declaration shall be made available for inspection at the registration officer’s office until the determination of the application for registration and of any objections duly made to it.

[F2 (4A) Paragraph (4) does not apply where the declarant has, or has applied for, an anonymous entry.]

(5) This regulation does not apply where an application for registration is made in pursuance of a service declaration.

(6) In this regulation “qualifying Commonwealth citizen” has the same meaning as in section 4 of the 1983 Act(2).

Textual Amendments

F2 Reg. 24(4A) inserted (1.4.2007) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 4

Commencement Information

I2 Reg. 24 in force at 16.2.2001, see reg. 1(1)

Reminders to electors registered pursuant to a declaration S

25.—(1) This regulation applies in respect of a person registered in pursuance of–

(a) a service declaration;

(b) a declaration of local connection; and

(c) an overseas elector’s declaration.

(2) Subject to paragraph (4) below, the registration officer shall, during the relevant period, send to a person to whom this regulation applies a reminder of the need to make a fresh declaration if he wishes to remain registered as an elector in pursuance of such a declaration.

[F3 (3) In paragraph (2) “the relevant period” means—

(a) except in cases to which sub-paragraph (b) applies, the period beginning nine months after the date when the existing entry in a register of the person in question first takes effect and ending ten months after that date, and

[F4 (b) in the case of a person mentioned in section 14(1)(a) or (d) of the 1983 Act (members of the forces and their spouses or civil partners) who is registered in pursuance of a service declaration, the period beginning 57 months after the date when the existing entry in a register of the person in question first takes effect and ending 58 months after that date.]]

(4) Paragraph (2) above does not apply in respect of a person to whom this regulation applies where–

(a) the registration officer has already received from that person a fresh declaration, or

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

Textual Amendments

F3 Reg. 24(3) substituted (1.1.2007) by The Service Voters’ Registration Period Order 2006 (S.I. 2006/3406), arts. 1(2), 4

F4 Reg. 25(3)(b) substituted (19.3.2010) by The Service Voters’ Registration Period Order 2010 (S.I. 2010/882), arts. 1(2), 4

Commencement Information

I3 Reg. 25 in force at 16.2.2001, see reg. 1(1)

[F5 Reminders to persons who have an anonymous entry S

25A.— (1) This regulation applies to each person who has an anonymous entry.

(2) Subject to paragraph (3), the registration officer must, during the relevant period, send to a person to whom this regulation applies a reminder that–

(a) his entitlement to registration will terminate at the end of the period of 12 months beginning with the date on which his entry in the register first took effect;

(b) if he wishes to remain entered in the register after that period, he must make a fresh application for registration in accordance with the requirements prescribed for the purposes of section 10A(1)(a) of the 1983 Act;

(c) if he wishes to remain entered in the register anonymously, the application for registration must be accompanied by a fresh application for an anonymous entry.

(3) Paragraph (2) does not apply where the registration officer has already received from that person a fresh application for registration made in accordance with the requirements prescribed for the purposes of section 10A(1)(a) which is accompanied by a fresh application for an anonymous entry.

(4) In this regulation, “the relevant period” must be construed in accordance with regulation 25(3)(a).]

Textual Amendments

F5 Reg. 25A inserted (1.4.2007) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 5

Applications for registration S

26.—(1) An application for registration as a parliamentary or local government elector (or both) under section 10A(1)(a) or 13A(1)(a) of the 1983 Act(3) shall [F6 , in addition to the requirements of section 10A(1A) and 13A(2A) of that Act,] state–

(a) the applicant’s full name;

(b) the address in respect of which the applicant applies to be registered and at which he is resident on the date of the application;

(c) any address in respect of which the applicant is currently registered as an elector, if he has ceased to reside at that address;

(d) in the case of an applicant who has not attained the age of 18 years, his date of birth.

[F7 (e) in the case of an applicant [F8 whose application is not accompanied by an application for an anonymous entry and] who requests that his name and address be omitted from the edited version of the register, that request]

[F9 (f) except in the case of a person applying to be registered in pursuance of an overseas elector’s declaration, the applicant’s nationality;]

[F10 (g) in the case of an applicant whose application is accompanied by an application for an anonymous entry, that fact.]

(2) In the case of a person applying to be registered as a parliamentary or local government elector (or both) in pursuance of a service declaration, a declaration of local connection or an [F11 overseas elector’s declaration], the declaration in question shall accompany the application.

(3) An application [F12 for registration] shall include a declaration made by the applicant that–

(a) the particulars given in accordance with paragraph (1) above are true;

(b) subject to paragraph (5) below, in the case of an application by a relevant citizen of the Union for registration as a local government elector, he is such a citizen; and

(c) in any other case, but subject to paragraph (5) below, he is a Commonwealth citizen or citizen of the Republic of Ireland.

(4) An application for registration shall be made in writing to the registration officer and be signed and dated by the applicant.

(5) Paragraph (3)(b) and (c) above does not apply to a person applying to be registered in pursuance of a service declaration or an overseas elector’s declaration.

[F13 (6) Where the registration officer provides the form on which an application for registration is made, the form of words in [F14 Part 2 of the Schedule, or a form of words to the same effect, to the Representation of the People (Form of Canvass) (Scotland) Regulations 2006] must form part of, or accompany, the application form.

(7) Where an application for registration is made otherwise than on a form provided by the registration officer, that officer must on or before the determination of the application send to the applicant the form of words referred to in paragraph (6) above and must, at the same time, inform the applicant, in writing, that he may, before the end of the period of 21 days, starting with the day on which the officer sends that form of words to the applicant, make a request, in writing, to the registration officer that his name and address be excluded from the edited version of the register.

(8) Where an applicant does not reply to the registration officer within the period of 21 days mentioned in paragraph (7) above, the registration officer shall assume that the applicant does not request that his name and address be excluded from the edited version of the register.

(9) Where an applicant does reply to the registration officer within the period of 21 days mentioned in paragraph (7) above and in his response requests that his name and address be excluded from the edited version of the register, that request shall be treated as part of the application for registration.]

[F15 (10) Paragraphs (6) to (9) do not apply to an application for registration which is accompanied by an application for an anonymous entry.]

Textual Amendments

F6 Words in reg. 26(1) inserted (1.8.2002) by Representation of the People (Scotland) (Amendment) Regulations 2002 (S.I. 2002/1872), regs. 2(1), 7(2)

F7 Reg. 26(1)(e) inserted (1.8.2002) by Representation of the People (Scotland) (Amendment) Regulations 2002 (S.I. 2002/1872), regs. 2(1), 7(3)

F8 Words in reg. 26(1)(e) inserted (1.4.2007) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 6(2)

F9 Reg. 26(1)(f) inserted (23.3.2006) by The Representation of the People (Scotland) (Amendment) Regulations 2006 (S.I. 2006/834), regs. 1(1), 2

F10 Reg. 26(1)(g) inserted (1.4.2007) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 6(3)

F11 Words in reg. 26(2) substituted (1.8.2002) by Representation of the People (Scotland) (Amendment) Regulations 2002 (S.I. 2002/1872), regs. 2(1), 7(4)

F12 Words in reg. 26(3) substituted (1.8.2002) by Representation of the People (Scotland) (Amendment) Regulations 2002 (S.I. 2002/1872), regs. 2(1), 7(5)

F13 Reg. 26(6)-(9) inserted (1.8.2002) by Representation of the People (Scotland) (Amendment) Regulations 2002 (S.I. 2002/1872), regs. 2(1), 7(6)

F14 Words in reg. 26(6) substituted (20.7.2006) by The Representation of the People (Form of Canvass) (Scotland) Regulations 2006 (S.I. 2006/1836), regs. 1(1), 4(1)

F15 Reg. 26(10) inserted (1.4.2007) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 6(4)

Commencement Information

I4 Reg. 26 in force at 16.2.2001, see reg. 1(1)

Objections to registration S

27.—(1) Any objection to a person’s registration shall state–

(a) the name of the person against whom the objection is made;

(b) [F16 in the case of an objection made before that person is entered in the register,] the address of that person as given in the application for registration;

[F17 (ba) in the case of an objection made after that person is entered in the register, the electoral number and qualifying address of that person contained in the register;]

(c) the grounds of the objection;

(d) the name of the objector and his address as shown in the register (if so shown) together with the address to which correspondence should be sent if that address is different or if no address is shown in the register; and

(e) the electoral number of the objector.

(2) An objection shall be made in writing and be signed and dated by the person objecting.

(3) In this Part of these Regulations “objection” includes representations made against an application for registration under section 13A(1)(a) of the 1983 Act.

Textual Amendments

F16 Words in reg. 27(1)(b) inserted (1.4.2007) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 7(2)

F17 Reg. 27(1)(ba) inserted (1.4.2007) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 7(3)

Commencement Information

I5 Reg. 27 in force at 16.2.2001, see reg. 1(1)

Inspection of applications and objections S

28.— [F18 (1)] An application for registration and any objection to a person’s registration shall be made available for inspection at the registration officer’s office until the application or objection has been determined by the registration officer.

[F19 (2) This regulation does not apply to an application for registration which is accompanied by an application for an anonymous entry.]

Textual Amendments

F18 Reg. 28 renumbered as reg. 28(1) (1.4.2007) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 8(2)

F19 Reg. 28(2) inserted (1.4.2007) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 8(3)

Commencement Information

I6 Reg. 28 in force at 16.2.2001, see reg. 1(1)

(1)

Section 54 was amended by Schedule 4 to the 1985 Act.

(2)

Section 4 was substituted by section 1(2) of the 2000 Act.

(3)

Sections 10A and 13A were substituted by Schedule 1 to the 2000 Act.