Representation of the People (Scotland) Regulations 2001

[F1 Overseas electors: power to request additional evidence where applicant under 18 when last resident in the United Kingdom S

26C.— (1) This regulation applies where—

(a) a person makes an application under section 10ZC of the 1983 Act in pursuance of an overseas elector’s declaration (“the applicant”),

(b) in accordance with regulation 18(8), the applicant has given an indication that the applicant was under 18 years old on the last day, and

(c) the registration officer considers that additional evidence is necessary in order to satisfy the registration officer that the applicant was resident at the relevant address.

(2) The registration officer may require the applicant to provide—

(a) the full name of a parent or guardian of the applicant who was resident at the relevant address on the last day;

(b) in respect of each such parent or guardian, an indication as to whether that parent or guardian was registered, in respect of the relevant address, in a register of parliamentary electors or a register of local government electors on the last day.

(3) Where the applicant provides the full name of a parent in accordance with paragraph (2)(a), the applicant must also provide a copy of the applicant’s birth certificate which shows the name of the applicant’s parent as provided in accordance with paragraph (2)(a) and the applicant’s date of birth.

(4) Where the applicant provides the full name of a guardian in accordance with paragraph (2)(a), the registration officer must require the applicant to provide such other kind of evidence as the officer considers appropriate that confirms that the person named in accordance with paragraph (2)(a) was the guardian of the applicant.

(5) Where the applicant provides a copy of a document in accordance with paragraph (3) or (4), the registration officer may, if the registration officer considers it appropriate, require the applicant to provide the original document.

(6) In this regulation—

“last day” means the last day on which the applicant was resident in the United Kingdom;

“relevant address” means the address provided by the applicant in accordance with section 1C(3)(a)(i) or (4) of the 1985 Act.]

Textual Amendments

F1 Regs. 26C-26J inserted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 10(8) (with Sch. 2 para. 2(d))