Representation of the People (Scotland) Regulations 2001

[F1 Retention of documents] S

91.—(1) The returning officer shall [F2 retain together with] the documents mentioned in rule 55 of the elections rules–

(a) any packets referred to in regulations 75, 77(6) [F3 , 78(2C)] [F4 , [F5 78A(2), [F6 79(3)(b), 82A(3)(b),]] 84(8)], and 89 above, subject to regulation 90 above, endorsing on each packet a description of its contents, the date of the election to which it relates and the name of the constituency or electoral ward for which the election (or elections) was (or were) held, and

(b) a completed statement in Form K of the number of postal ballot papers issued.

[F7 (c) any list compiled under regulation 87(4) [F8 and (6)].]

(2) Where–

(a) any covering envelopes are received by the returning officer after the close of the poll (apart from those delivered in accordance with the provisions of regulation 79(3) above);

(b) any envelopes addressed to postal voters are returned as undelivered too late to be readdressed, or

(c) any spoilt postal ballot papers are returned too late to enable other postal ballot papers to be issued,

the returning officer shall put them unopened in a separate packet, seal up such packet and endorse and [F9 retain it] in the manner described in paragraph (1) above.

[F10 (4) Rules 56, 57 and 58 of the elections rules will apply to any packet or document retained under this regulation save that in applying rules 56 and 57 to the lists provided for by regulation 87(4) and (6), these lists and any extracts from them are to be treated as if they were counted ballot papers.]

(5) A copy of the statement referred to in paragraph (1)(b) above shall be provided by the returning officer to the Secretary of State [F11 and the Electoral Commission in the period which starts 10 days after the day of the poll and ends 15 days after the day of the poll].

Textual Amendments

F1 Reg. 91 heading substituted (26.3.2010) by The Representation of the People (Scotland) (Amendment) Regulations 2010 (S.I. 2010/980), regs. 1(1), 3(1) (with reg. 1(2))

F2 Words in reg. 91(1) substituted (26.3.2010) by The Representation of the People (Scotland) (Amendment) Regulations 2010 (S.I. 2010/980), regs. 1(1), 3(3) (with reg. 1(2))

F3 Word in reg. 91(1)(a) inserted (23.3.2006) by The Representation of the People (Scotland) (Amendment) Regulations 2006 (S.I. 2006/834), regs. 1(1), 11(2)

F4 Word in reg. 91(1)(a) inserted (with effect in accordance with reg. 1(2)(3)(b) of the amending S.I.) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 41

F5 Word in reg. 91(1)(a) 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)(c), 37(a)

F6 Words in reg. 91(1)(a) 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(11)(a)(i)

F7 Reg. 91(1)(c) 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)(c), 37(b)

F8 Words in reg. 91(1)(c) 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(11)(a)(ii)

F9 Words in reg. 91(2) substituted (26.3.2010) by The Representation of the People (Scotland) (Amendment) Regulations 2010 (S.I. 2010/980), regs. 1(1), 3(4) (with reg. 1(2))

F10 Reg. 91(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(11)(b)

F11 Words in reg. 91(5) inserted (23.3.2006) by The Representation of the People (Scotland) (Amendment) Regulations 2006 (S.I. 2006/834), regs. 1(1), 11(3)

Modifications etc. (not altering text)

C1 Reg. 91 applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 49

Commencement Information

I1 Reg. 91 in force at 16.2.2001, see reg. 1(1)