Representation of the People (Scotland) Regulations 2001

[F1 [F2 Processing of information in connection with annual canvass data matching S

32ZBC.— (1) Information disclosed under regulation 32ZBB may not be disclosed to any other person, except—

(a) so that it may be taken into account by a registration officer for the purposes of determining whether the annual canvass may be conducted otherwise than in accordance with regulation 32ZBD in respect of a register F3 ...;

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

(2) A person who discloses information in breach of paragraph (1) 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, or both.

(3) Any person who processes information under regulation 32ZBB must do so in accordance with any requirements as to the processing of information that may have been imposed by the [F4 Secretary of State for Levelling Up, Housing and Communities], including requirements as to the transfer, storage, destruction and security of that information.

(4) Where a registration officer processes the results of the data matching for the purposes of determining whether the officer may conduct the annual canvass required by section 9D(1) of the 1983 Act otherwise than in accordance with regulation 32ZBD, the officer must do so in accordance with any requirements as to the processing of information that may have been imposed by the [F5 Secretary of State for Levelling Up, Housing and Communities] in relation to the register of parliamentary electors.

(5) Where the [F6 Secretary of State for Levelling Up, Housing and Communities] imposes requirements as to processing under paragraph (3) or (4), such requirements must be imposed before a registration officer is required to disclose that information under regulation 32ZBB.]]

Textual Amendments

F1 Regs. 32ZA-32ZI 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)(c), 22 (as amended by S.I. 2014/1250, regs. 1, 4)

F2 Regs. 32ZBA-32ZBG inserted (31.12.2019) by The Representation of the People (Annual Canvass) (Amendment) Regulations 2019 (S.I. 2019/1451), regs. 1(3), 18

F3 Words in reg. 32ZBC(1)(a) omitted (27.4.2020) by virtue of The Representation of the People (Annual Canvass) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/113), regs. 1(2), 9

F4 Words in reg. 32ZBC(3) 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(10) (with art. 12)

F5 Words in reg. 32ZBC(4) 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(10) (with art. 12)

F6 Words in reg. 32ZBC(5) 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(10) (with art. 12)

Modifications etc. (not altering text)

C1 Regs. 32ZBB, 32ZBC: transfer of functions (8.12.2021) by The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), arts. 1(2), 7(3)(b) (with arts. 8, 11, 12)