Representation of the People (Scotland) Regulations 2001

Changes to legislation:

Representation of the People (Scotland) Regulations 2001, Section 29ZB is up to date with all changes known to be in force on or before 19 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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reg. 31I(3)(t) inserted by S.I. 2022/1382 reg. 39(2)

[F1Processing of information provided in connection with an application under section 10ZC or 10ZDS

29ZB.—(1) If a person provides an original document under regulation 26A(4), 26B(2) to (4) or 26B(8), [F226C(5), 26D(2), 26F(2)(a) or (4), 26G(3)(a) or 26J(3),] the registration officer must make a copy of that document and return the original document to the person who provided it.

(2) In respect of any application under section 10ZC or 10ZD of the 1983 Act, the registration officer must retain until the application has been determined—

(a)the application form or, in the case of an application made through the digital service, the information contained in the application [F3transmitted to the registration officer by the Secretary of State];

(b)any other information or documents provided to the registration officer in connection with the application or, in the case of original documents which are returned under paragraph (1), a copy of such documents.

(3) Subject to paragraph (4), the registration officer may retain the application form, information and documents in paragraph (2) after the application has been determined but, if they do so, must delete the applicant’s national insurance number from the application form, information and documents in paragraph (2) by no later than the date which is 13 months from the date on which the registration officer determined the application under section 10ZC or 10ZD.

(4) The requirement to delete the national insurance number in paragraph (3) does not apply where the application, information and documents in paragraph (2) are required for the purpose of any civil or criminal proceedings.

(5) Information disclosed under regulation 29ZA [F4, 29ZAA or 29ZAB] may not be disclosed to any other person, except—

(a)for the purpose of determining the application in connection with which the information was disclosed; F5...

[F6(aa)in the case of information disclosed under regulation 29ZA [F7or 29ZAA], for the purposes of determining—

(i)a relevant absent voting application made by the same applicant where that information is used by the Secretary of State to complete in part the relevant absent voting application by virtue of regulation 51(7)(a),

(ii)an application for an absent vote made under Part 1 of Schedule 2 to the Police and Crime Commissioner Elections Order 2012 by the same applicant where that information is used by the Secretary of State to complete in part that application by virtue of paragraph 11(5A)(a) of Schedule 2 to that Order,

(iii)an application for absent signing made under Part 4 of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016 by the same applicant where that information is used by the Secretary of State to complete in part that application by virtue of regulation 60(6A)(a) of those Regulations, or

(iv)an identity document application, as defined by regulation 3(1) of the Voter Identification Regulations 2022, made by the same applicant where that information is used by the Secretary of State to complete in part that application by virtue of regulation 5(2) of those Regulations, or]

(b)for the purpose of any civil or criminal proceedings.

(6) A person who discloses information in breach of paragraph (5) is guilty of an offence and liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or to both;

(b)on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both.

(7) Any person who discloses information under regulation 29ZA [F8, 29ZAA or 29ZAB] must process it in accordance with any requirements as to the processing of information that may have been imposed by the [F9Secretary of State for Levelling Up, Housing and Communities] in writing, including requirements as to the transfer, storage, destruction and security of that information.

(8) Any requirements, in accordance with which a person must process information, must be imposed by the [F10Secretary of State for Levelling Up, Housing and Communities] before a registration officer is required to disclose that information under regulation 29ZA(1) [F11, 29ZAA(2) or 29ZAB(2)].

(9) “Copy” in this regulation includes an electronic copy.]

Textual Amendments

F1Regs. 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

F2Words in reg. 29ZB(1) inserted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 10(11)(a) (with Sch. 2 para. 2(d))

F3Words in reg. 29ZB(2)(a) inserted (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 9(3)(a)

F4Words in reg. 29ZB(5) inserted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 10(11)(b)(i) (with Sch. 2 para. 2(d))

F5Word in reg. 29ZB(5) omitted (31.10.2023) by virtue of The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 9(3)(b)(i)

F6Reg. 29ZB(5)(aa) inserted (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 9(3)(b)(ii)

F7Words in reg. 29ZB(5)(aa) inserted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 10(11)(b)(ii) (with Sch. 2 para. 2(d))

F8Words in reg. 29ZB(7) inserted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 10(11)(c) (with Sch. 2 para. 2(d))

F9Words in reg. 29ZB(7) substituted (8.12.2021) by The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 1(2), Sch. 2 para. 29(6) (with art. 12)

F10Words in reg. 29ZB(8) substituted (8.12.2021) by The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 1(2), Sch. 2 para. 29(6) (with art. 12)