Representation of the People (Scotland) Regulations 2001

Retaining entries in register S

34.—(1) This regulation sets out the circumstances when a registration officer’s duty to remove a person’s entry from the register of parliamentary or local government electors under section 10A(6) of the 1983 Act(1) does not apply.

(2) Those circumstances are that–

(a) on the conclusion of a canvass under section 10 of the 1983 Act(2) the registration officer is unable to satisfy himself that a person duly entered in a register in respect of any address was, on the 15th October in question, resident at that address because–

(i) the form mentioned in section 10(4) of that Act was not returned in respect of that address, or

(ii) for any other reason, insufficient information was obtained as to whether that person was resident at that address on that date;

(b) the registration officer has no information which suggests that that person is no longer so resident; and

[F1 (c) that person was registered at that address otherwise than in pursuance of–

(i) an application made by virtue of section 7(2) or 7A(2) of the 1983 Act, or

(ii) a declaration of local connection, a service declaration or an overseas elector’s declaration.]

(3) Where the circumstances set out in this regulation apply, the registration officer is authorised to retain the entry of the person concerned in such a register for the period expiring with the publication of a revised version of the register under section 13(1) of the 1983 Act(3) in the year next following that in which the canvass referred to in paragraph (2)(a) above was conducted.

Textual Amendments

F1 Reg. 34(2)(c) substituted (1.4.2007) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 14(2)

Commencement Information

I1 Reg. 34 in force at 16.2.2001, see reg. 1(1)

(1)

Section 10A was inserted by Schedule 1 to the 2000 Act.

(2)

Section 10 was substituted by Schedule 1 to the 2000 Act.

(3)

Section 13 was substituted by Schedule 1 to the 2000 Act.