Representation of the People (Scotland) Regulations 2001

Alternative means of returning postal ballot paper or [F1 postal voting statement] S

79.—(1) For the purposes of rule 45(1B) of the elections rules–

(a) the manner in which a postal ballot paper or [F1 postal voting statement] may be returned to a polling station in the same constituency, is by hand;

(b) the manner in which such a paper or [F2 statement] may be returned to the returning officer is by post or by hand.

(2) [F3 Subject to [F4 paragraphs (2A) or (3)],] the presiding officer of the polling station shall deliver, or cause to be delivered, any postal ballot paper or [F1 postal voting statement] returned to that station [F5 and any return of postal voting documents form] to the returning officer in the same manner and at the same time as he delivers, or causes to be delivered, the packets referred to in rule 43(1) of the elections rules.

[F6 (2A) A postal ballot paper or postal voting statement may only be delivered to the returning officer in accordance with paragraph (2) if the requirements of regulation 79A are met and the paper and statement are not rejected in accordance with regulation 79B or 79D.]

[F7 (3) The returning officer may collect, or cause to be collected, any postal ballot paper or [F1 postal voting statement] [F8 or return of postal voting documents form] which by virtue of paragraph (2) the presiding officer of a polling station would otherwise be required to deliver or cause to be delivered to him.

(4) Where the returning officer collects, or causes to be collected, any postal ballot paper or [F1 postal voting statement] [F9 or return of postal voting documents form in accordance with paragraph (3) the presiding officer must first make up into separate packets sealed with the presiding officer’s own seal and the seals of such polling agents as are present and desire to affix their seals with a description of its contents written on each packet—

(a) the postal ballot papers and postal voting statements;

(b) the return of postal voting documents forms for those postal ballot papers and postal voting statements.]]

Textual Amendments

F1 Words in Regulations substituted (with effect in accordance with reg. 1(2)(3)(c) of the amending S.I.) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 54(a)

F2 Word in reg. 79(1)(b) substituted (with effect in accordance with reg. 1(2)(3)(c) of the amending S.I.) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 54(b)(i)

F3 Words in reg. 79(2) inserted (23.3.2006) by The Representation of the People (Scotland) (Amendment) Regulations 2006 (S.I. 2006/834), regs. 1(1), 10(2)

F4 Words in reg. 79(2) 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(5)(a)(i)

F5 Words in reg. 79(2) 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(5)(a)(ii)

F6 Reg. 79(2A) 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(5)(b)

F7 Reg. 79(3)(4) inserted (23.3.2006) by The Representation of the People (Scotland) (Amendment) Regulations 2006 (S.I. 2006/834), regs. 1(1), 10(3)

F8 Words in reg. 79(3) 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(5)(c)

F9 Words in reg. 79(4) 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(5)(d)

Modifications etc. (not altering text)

C1 Reg. 79 applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 35

Commencement Information

I1 Reg. 79 in force at 16.2.2001, see reg. 1(1)