Representation of the People (Scotland) Regulations 2001

Changes over time for: Section 31J

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Representation of the People (Scotland) Regulations 2001, Section 31J is up to date with all changes known to be in force on or before 01 July 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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Changes and effects yet to be applied to Regulation 31J:

reg. 31J(4)(b) words substituted by S.I. 2013/3206 reg. 21(2)

Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

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

[F1Anonymous registration: evidence by attestationS

31J.—(1) An attestation within the meaning of this regulation is prescribed for the purposes of regulations 31G(3) and 31H(2)(a).

(2) The attestation must–

(a)certify that the safety of the applicant, or of another named person of the same household as him, would be at risk if the register contained the name of the applicant or his qualifying address;

(b)state the date on which it is made; and

(c)be in writing and signed by a qualifying officer.

[F2(2A) Where the applicant is or has applied to be registered in pursuance of an overseas elector’s declaration, the reference in paragraph (2)(a) to the applicant’s qualifying address includes a reference to the address provided by the applicant in accordance with regulation 18(4) or 22B(1).]

(3) The attestation must state the period for which it has effect, being a period of between one and five years beginning with the date on which the attestation is made.

(4) Qualifying officer means–

(a)[F3a police officer of or above the rank of [F4inspector]] of any police force in England and Wales;

(b)[F5a police officer of or above the rank of [F6inspector]] of [F7the Police Service of Scotland];

(c)[F8a police officer of or above the rank of [F9inspector]] of the Police Service of Northern Ireland;

(d)the Director General of the Security Service;

(e)the Director General of the Serious Organised Crime Agency;

(f)any chief social work officer in Scotland within the meaning of section 3 of the Social Work (Scotland) Act 1968;

(g)any director of adult social services in England within the meaning of section 6(A1) of the Local Authority Social Services Act 1970;

(h)any director of children’s services in England within the meaning of section 18 of the Children Act 2004;

(i)any director of social services in Wales within the meaning of section 6(1) of the Local Authority Social Services Act 1970 [F10;

(j)any director of social services of a Health and Social Services Board established under article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972;

(k)any executive director of social work of a Health and Social Services Trust established under article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991.]

[F11(l)any registered medical practitioner;

(m)any registered nurse or midwife;

(n)any person who manages a refuge.]

[F12(4A) In this regulation “refuge” means accommodation together with a planned programme of therapeutic and practical support for victims of, or those at risk of, domestic abuse or violence.]

[F13(5) In relation to the registration of local government electors, where the applicant is under the age of 16 on the date on which the application is made—

(a)“qualifying officer” also includes a person authorised in writing for the purposes of this regulation by an officer referred to in paragraph (4)(f), and

(b)where the attestation is signed by a person so authorised, the attestation must be accompanied by a copy of the person's authorisation.]]

Textual Amendments

F1Regs. 31G-31J inserted (1.4.2007) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 12 (with reg. 56)

F2Reg. 31J(2A) inserted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 10(15) (with Sch. 2 para. 2(d))

F3Words in reg. 31J(4)(a) substituted (17.3.2009) by The Representation of the People (Amendment) Regulations 2009 (S.I. 2009/725), regs. 1(1), 14(a)

F4Word in reg. 31J(4)(a) substituted (1.4.2018) by The Representation of the People (Scotland) Amendment Regulations 2018 (S.S.I. 2018/89), regs. 1(2), 9(a) (with reg. 1(4)) and The Representation of the People (Scotland) (Amendment) Regulations 2018 (S.I. 2018/427), regs. 1(2), 9(a)

F5Words in reg. 31J(4)(b) substituted (17.3.2009) by The Representation of the People (Amendment) Regulations 2009 (S.I. 2009/725), regs. 1(1), 14(b)

F6Word in reg. 31J(4)(b) substituted (1.4.2018) by The Representation of the People (Scotland) Amendment Regulations 2018 (S.S.I. 2018/89), regs. 1(2), 9(a) (with reg. 1(4)) and The Representation of the People (Scotland) (Amendment) Regulations 2018 (S.I. 2018/427), regs. 1(2), 9(a)

F7Words in reg. 31J(4)(b) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 81

F8Words in reg. 31J(4)(c) substituted (17.3.2009) by The Representation of the People (Amendment) Regulations 2009 (S.I. 2009/725), regs. 1(1), 14(c)

F9Word in reg. 31J(4)(c) substituted (1.4.2018) by The Representation of the People (Scotland) Amendment Regulations 2018 (S.S.I. 2018/89), regs. 1(2), 9(a) (with reg. 1(4)) and The Representation of the People (Scotland) (Amendment) Regulations 2018 (S.I. 2018/427), regs. 1(2), 9(a)

F10Reg. 31J(4)(j)(k) inserted (17.3.2009) by The Representation of the People (Amendment) Regulations 2009 (S.I. 2009/725), regs. 1(1), 14(d)