Representation of the People (Scotland) Regulations 2001

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Procedure for determining applications for registration and objections without a hearingS

29.—(1) A registration officer shall discharge his functions of determining [F1an application under section 10ZC(1)(a) or 10ZD(1)(a) of the 1983 Act or considering an objection under section 10ZC(2), 10ZD(2) or 10ZE(5)(a) of that Act] in accordance with this regulation and regulations 30 [F2to 31A] below.

[F3(2) The registration officer must keep separate lists of–

(a)applications for registration, other than applications accompanied by an application for an anonymous entry;

(b)objections made before the person against whom the objection is made is entered in the register;

(c)objections made after the person against whom the objection is made is entered in the register.

(2A) On receipt of an application (other than an application accompanied by an application for an anonymous entry) the registration officer must enter the name [F4and nationality] of the applicant and the address claimed as his qualifying address in the list he keeps in pursuance of paragraph (2)(a).

[F5(2AA) The registration officer must acknowledge receipt of an application to register other than an application made in response to an invitation to register under section 9E(1) of the 1983 Act by notification in writing to the address in respect of which the applicant applies to be registered, on receipt of that application.

(2AB) An acknowledgement under paragraph (2AA) must contain a direction requesting that any person who receives the acknowledgement inform the registration officer if the addressee is not resident at that address.

(2AC) The registration officer must give confirmation that an application made in response to an invitation to register under section 9E(1) of the 1983 Act has been successful, by notification in writing, before either—

(a)publication of the revised register to which the applicant will be added under section 13(1) of that Act; or

(b)issue of a notice of alteration under section 13A(2) of that Act specifying that the applicant’s name will be added to the register,

whichever is appropriate.

(2AD) In the case of an application to register in pursuance of a service declaration, or an overseas elector’s declaration, the address to which notification in writing must be given in accordance with paragraph (2AA) or (2AC) is the address the applicant has given under regulation 26(4)(a) or 26(5)(b), as appropriate.

(2AE) The Electoral Commission must—

(a)design the forms of notification to be used under paragraphs (2AA) and (2AC);

(b)obtain the approval of the [F6Chancellor of the Duchy of Lancaster] to the forms; and

(c)then make them available to registration officers.]

(2B) On receipt of an objection made before the person against whom the objection is made is entered in the register, the registration officer must enter–

(a)in the list he keeps in pursuance of paragraph (2)(b), the name and qualifying address of the objector together with the particulars referred to in paragraph (2A); and

(b)in the list he keeps in pursuance of paragraph (2)(a), the particulars of the objection.

(2C) On receipt of any other objection, the registration officer must enter the name and qualifying address of the objector together with the particulars referred to in paragraph (2A) in the list he keeps in pursuance of paragraph (2)(c).]

(3) The registration officer may ask for further information and take no further action until such information is supplied, if he is of the opinion that the particulars given in the application or objection are insufficient.

(4) [F7Subject to paragraph (4A),] the registration officer may allow an application without a hearing provided that no objection is made within [F8the period of five days beginning with the day following] the entry of the application in the list of applications.

[F9(4A) In the case of an application for registration accompanied by an application for an anonymous entry, the registration officer may allow the former application without a hearing at any time.]

(5) The registration officer may disallow an objection if he is of the opinion that the objector is not entitled to object F10...; and he shall so inform the objector.

[F11(5A) The registration officer may disallow an objection without a hearing if he is of the opinion that the objection is clearly without merit.

(5B) Where the registration officer disallows an objection under paragraph (5A), he must send to the objector a notice stating that the application has been disallowed on that basis and the grounds for his opinion.

(5C) An objector may require the objection to be heard by giving notice to the registration officer within three days from the date of the notice given under paragraph (5B).

(5D) A notification under paragraph (5C) is not to prevent the application to which the objection relates from being allowed.]

(6) The registration officer may send to the applicant or objector a notice stating his opinion that an application or objection cannot be allowed because–

(a)the matter has been concluded by the decision of a court, or

(b)the particulars given in the application or objection do not entitle the applicant or objector to succeed.

(7) In cases to which paragraph (6) applies, the registration officer shall state the grounds for his opinion and that he intends to disallow the application or objection unless that person gives the registration officer notice within three days from the date of the registration officer’s notice that he requires the application or objection to be heard; and if he receives no such notice within that time, he may disallow the application or objection.

[F12(8) In this regulation, “qualifying address” includes the address specified in an overseas elector’s declaration in accordance with section 2(4)(b) or (c)(ii) of the 1985 Act.]

Textual Amendments

F1Words in reg. 29(1) substituted (10.6.2014) by The Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3206), regs. 1(5)(b), 15(a)

F2Words in reg. 29(1) substituted (1.4.2007) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 9(2)

F3Reg. 29(2)-(2C) substituted for reg. 29(2) (1.4.2007) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 9(3)

F4Words in reg. 29(2A) inserted (10.6.2014) by The Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3206), regs. 1(5)(b), 15(b)

F5Reg. 29(2AA)-(2AE) inserted (10.6.2014) by The Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3206), regs. 1(5)(b), 15(c)

F6Words in reg. 29(2AE)(b) substituted (22.6.2015) by The Chancellor of the Duchy of Lancaster Order 2015 (S.I. 2015/1376), art. 1(2), Sch. 2 para. 21(2)(f) (with art. 9)

F7Words in reg. 29(4) inserted (1.4.2007) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 9(4)

F8Words in reg. 29(4) substituted (1.4.2007) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 9(5)

F9Reg. 29(4A) inserted (1.4.2007) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 9(6)

F10Words in reg. 29(5) omitted (1.4.2007) by virtue of The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 9(7)

F11Reg. 29(5A)-(5D) inserted (1.4.2007) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 9(8)