Representation of the People (Scotland) Regulations 2001

[F1 Notification of a rejected postal voting [F2 document] S

61C.— (1) Where an absent voter (whether an elector or a proxy), appears on the list created under regulation 87(4) [F3 , or on the list created under regulation 87(6) with an indication in accordance with regulation 87(6)(d) that a postal ballot paper was included in rejected postal voting documents,] then—

(a) the registration officer responsible for the personal identifier record that contains information in respect of the absent voter must notify them (and the elector if the absent voter is a proxy) that the ballot paper concerned was rejected because

[F4 (i)] the returning officer was not satisfied that the postal voting statement was duly completed;

[F5 (ii) the postal ballot paper was handed in at a polling station or for the returning officer, and the relevant officer—

(aa) was not satisfied that the return of postal voting documents form had been completed properly and provided the required information,

(bb) suspected that the person handing it in had handed in postal ballot papers on behalf of more than the permitted number of electors, or

(cc) suspected that the person handing it in was a political campaigner who was committing an offence under section 112A of the 1983 Act;

(iii) the postal ballot paper was a left behind postal voting document;]

(b) the registration officer must send the notification within the period of three months beginning with the date of the poll at which the ballot paper was rejected; and

(c) the notification must include information as to which of the specified reasons referred to

[F6 (i)] in regulation 87(5) applied to the absent voter’s postal voting statement

[F7 (ii) in regulation 87(7) applied to the absent voter’s postal ballot paper].

(2) The registration officer is not obliged to send a notification—

(a) to any person who is no longer shown as voting by post in the relevant record at the time the registration officer proposes to send out the notification; or

(b) where the returning officer suspects that an offence may have been committed in relation to the postal ballot paper, postal voting statement or the absent voter’s registration as an elector [F8 except where that offence is committed by a political campaigner under section 112A of the 1983 Act].

(3) A notification issued under paragraph (1) may also include any other information that the registration officer considers appropriate, but a notification must not include information held on the personal identifiers record.]

Textual Amendments

F1 Reg. 61C inserted (6.4.2014) by The Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3206), regs. 1(3)(b), 28

F2 Word in reg. 61C heading substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 3(3)(a)

F3 Words in reg. 61C(1) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 3(3)(b)(i)

F4 Words in reg. 61C(1)(a) renumbered as reg. 61C(1)(a)(i) (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 3(3)(b)(ii)(aa)

F5 Reg. 61C(1)(a)(ii)(iii) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 3(3)(b)(ii)(bb)

F6 Words in reg. 61C(1)(c) renumbered as reg. 61C(1)(c)(i) (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 3(3)(b)(iii)(aa)

F7 Reg. 61C(1)(c)(ii) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 3(3)(b)(iii)(bb)

F8 Words in reg. 61C(2)(b) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 3(3)(c)

Modifications etc. (not altering text)

C1 Reg. 61C applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 19