Representation of the People (Scotland) Regulations 2001

[F1 [F2 Additional verification of information provided in an application made pursuant to an overseas elector’s declaration S

29ZAB.— (1) This regulation applies to an application for registration under section 10ZC of the 1983 Act made pursuant to an overseas elector’s declaration.

(2) On receipt of an application made otherwise than through the digital service, a registration officer must disclose the applicant’s qualification information to the Secretary of State for [F3 Housing, Communities and Local Government] in such a format and through such an infrastructure system as the Secretary of State for [F3 Housing, Communities and Local Government] may have notified to the registration officer in writing.

(3) Following receipt of the qualification information from the registration officer or (in the case of an application made through or partially completed using the digital service) from an applicant, the Secretary of State for [F4 Housing, Communities and Local Government] may disclose the information to the Secretary of State for Work and Pensions.

(4) Where qualification information has been disclosed to the Secretary of State for Work and Pensions under paragraph (2), the Secretary of State for Work and Pensions may compare it against—

(a) the name, date of birth and address of individuals appearing in the following types of data kept by the Secretary of State—

(i) data kept for the purposes of functions relating to social security (including such information kept on behalf of the Department for Social Development), and

(ii) data relating to working tax credit, child tax credit and child benefit (being information kept on behalf of His Majesty’s Revenue and Customs);

(b) any other information contained in such types of data which relates to the information disclosed under paragraph (2).

(5) The Secretary of State for Work and Pensions may disclose the results of the comparison to the Secretary of State for [F5 Housing, Communities and Local Government].

(6) On receipt of such results, the Secretary of State for [F6 Housing, Communities and Local Government] may disclose them to the registration officer to whom the application has been made or, as the case may be, to whom the Secretary of State has sent the application under regulation 26(11).

(7) Where the Secretary of State for [F7 Housing, Communities and Local Government] does so, the registration officer must take the results into account in determining the application.

(8) In this regulation—

“infrastructure system” has the meaning given in Schedule 3A to the Communications Act 2003;

“qualification information”, in respect of an applicant, means—

(a)

the applicant’s full name provided in accordance with section 1C(1)(a) of the 1985 Act and regulation 26(1)(a),

(b)

any name provided by the applicant in accordance with regulation 18(3)(a),

(c)

the applicant’s date of birth provided in accordance with regulation 26(1)(e),

(d)

the address provided by the applicant in accordance with section 1C(2)(a)(i), (3)(a)(i) or (4) of the 1985 Act.]]

Textual Amendments

F1 Regs. 29ZA, 29ZB 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), 14

F2 Regs. 29ZAA, 29ZAB inserted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 10(10) (with Sch. 2 para. 2(d))

F3 Words in reg. 29ZAB(2) substituted (30.10.2024) by The Transfer of Functions (Secretary of State for Housing, Communities and Local Government) Order 2024 (S.I. 2024/991), art. 1(2), Sch. para. 17(5)(a) (with art. 7)

F4 Words in reg. 29ZAB(3) substituted (30.10.2024) by The Transfer of Functions (Secretary of State for Housing, Communities and Local Government) Order 2024 (S.I. 2024/991), art. 1(2), Sch. para. 17(5)(b) (with art. 7)

F5 Words in reg. 29ZAB(5) substituted (30.10.2024) by The Transfer of Functions (Secretary of State for Housing, Communities and Local Government) Order 2024 (S.I. 2024/991), art. 1(2), Sch. para. 17(5)(b) (with art. 7)

F6 Words in reg. 29ZAB(6) substituted (30.10.2024) by The Transfer of Functions (Secretary of State for Housing, Communities and Local Government) Order 2024 (S.I. 2024/991), art. 1(2), Sch. para. 17(5)(b) (with art. 7)

F7 Words in reg. 29ZAB(7) substituted (30.10.2024) by The Transfer of Functions (Secretary of State for Housing, Communities and Local Government) Order 2024 (S.I. 2024/991), art. 1(2), Sch. para. 17(5)(b) (with art. 7)