Representation of the People (Scotland) Regulations 2001

General requirements for applications for an absent vote S

51.—(1) An application under Schedule 4 must comply with the requirements of this regulation and such further requirements in this Part of these Regulations as are relevant to the application.

(2) The application must state–

(a) the full name of the applicant;

[F1 (aa) for a relevant absent voting application, the applicant’s national insurance number or, if they are not able to provide that information, the reason why they are not able to do so;]

(b) the address in respect of which the applicant is [F2 registered or has applied to be (or is treated as having applied to be) registered] in the register except in the case of an application under paragraph 7(4) or (7) of Schedule 4;

(c) in the case of such an application, the proxy’s address, together with the name of the elector for whom he will act as proxy and the elector’s address for the purposes of sub-paragraph (b) above;

(d) in the case of a person applying to vote by post, the address to which the ballot paper should be sent; F3 ...

(e) in the case of an application to vote by proxy, the grounds on which the elector claims to be entitled to an absent vote.

[F4 (f) in the case of a person who is unable to provide a signature, the reasons for his request for waiver of any requirement under paragraph 3, 4 or 7 of Schedule 4 to provide a signature and the name and address of any person who has assisted him to complete his application, and

(g) where the applicant has, or has applied for, an anonymous entry, that fact.]

[F5 (3) The application shall be made in writing and shall be dated.

(3A) Where an application is required to contain a signature and date of birth, the information must be set out in a manner that is sufficiently clear and unambiguous as to be capable of electronic scanning by configuring the information as follows–

(a) the signature shall appear against a background of white unlined paper at least five centimetres long and two centimetres high; and

(b) the applicant’s date of birth shall be set out numerically configured in the sequence of date, month and year, namely [d][d][m][m][y][y][y][y].

(3B) Where the application contains a request that the registration officer waive the requirement for a signature, sub-paragraph (a) of paragraph (3A) shall not apply.]

(4) An application under Schedule 4 which is made for an indefinite period [F6 , the maximum period] or the particular period specified in the application must state–

(a) that it is so made, and

(b) whether it is made for parliamentary elections, local government elections or both.

(5) An application under Schedule 4 which is made for a particular parliamentary or local government election must–

(a) state that it is so made, and

(b) identify the election in question,

but, where the poll at one election falls on the same day as the poll at another election, the application shall, unless a contrary intention appears, apply to both elections.

(6) Where an application is made to vote by proxy, it shall include an application for the appointment of a proxy which meets the requirements of regulation 52 below.

[F7 (7) Where, by virtue of arrangements made by the Secretary of State, a relevant absent voting application may be made through the digital service—

(a) the Secretary of State may complete the application in part using information provided by the applicant as part of an application, or partially completed application, under section 10ZC or 10ZD of the 1983 Act for registration in, or alteration of, a register of electors made through or completed using the digital service;

(b) where the application is required to contain a signature, the application must contain a compliant photograph or electronic scan of the applicant’s signature;

(c) the Secretary of State must—

(i) request that the applicant provide their most recent previous name (if they have one), and

(ii) provide an explanation of the purpose for which the information will be used.

(8) In paragraph (7)(b), “compliant photograph or electronic scan of the applicant’s signature” means—

(a) the signature contained in the photograph or electronic scan complies with the requirements of sub-paragraph (a) of paragraph (3A), and

(b) the photograph or electronic scan of the signature is sufficiently clear and unambiguous so as to comply with the requirements of paragraph (3A).

(9)  Where an applicant is unable to provide a national insurance number in accordance with paragraph (2)(aa), the applicant may provide as part of the application a copy of any of the documents listed in regulation 56C(2) to (4).

(10) The Secretary of State must send to the registration officer—

(a) subject to paragraph (11), any relevant absent voting application the Secretary of State receives,

(b) the applicant’s previous name (if any provided),

(c) any copy documentation provided by the applicant in accordance with paragraph (9), and

(d) a reference number unique to that application.

(11) Where a relevant absent voting application made through the digital service in accordance with paragraph (7) includes the applicant’s national insurance number the Secretary of State—

(a) may send the registration officer that application without the national insurance number, and

(b) where the Secretary of State does so, must indicate to the registration officer that a national insurance number was included when the application was made by the applicant.]

Textual Amendments

F1 Reg. 51(2)(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), 10(3)(a)

F2 Words in reg. 51(2)(b) substituted (23.3.2006) by The Representation of the People (Scotland) (Amendment) Regulations 2006 (S.I. 2006/834), regs. 1(1), 3

F3 Word in reg. 51(2) omitted (8.2.2008) by virtue of The Representation of the People (Scotland) (Amendment) Regulations 2008 (S.I. 2008/305), regs. 1(1), 3(2)

F4 Reg. 51(2)(f)(g) inserted (8.2.2008) by The Representation of the People (Scotland) (Amendment) Regulations 2008 (S.I. 2008/305), regs. 1(1), 3(2)

F5 Reg. 51(3)-(3B) substituted for reg. 51(3) (8.2.2008) by The Representation of the People (Scotland) (Amendment) Regulations 2008 (S.I. 2008/305), regs. 1(1), 3(3)

F6 Words in reg. 51(4) 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), 10(3)(b)

F7 Reg. 51(7)-(11) 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), 10(3)(c)

Modifications etc. (not altering text)

C1 Reg. 51 modified (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 6

Commencement Information

I1 Reg. 51 in force at 16.2.2001, see reg. 1(1)