Representation of the People (Scotland) Regulations 2001

Preamble

SCHEDULE 1 S ENABLING POWERS

Commencement Information

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

These Regulations are made in exercise of the following powers:

(a) sections 10A(7) and (9)(1), 13A(1) and (6), 53(2) and 201(1) and (3)(3) of, rule 24(4) of Schedule 1 and Schedule 2(5) to, the Representation of the People Act 1983 (“the 1983 Act”);

(b) sections 3(5), (6) and (7)(6) of the Representation of the People Act 1985 (“the 1985 Act”);

(c) having regard to the definition of “prescribed” in section 202(1) of the 1983 Act, sections 4(4)(7), 9(2)(8), 10A(1), (3), (5) and (7), 13(3), 13A(2), 13B(3), 14(1), 16, 56(1) and (5) and 57, 75(3) and 89(1) of, and rules 24, 28(3), 29(3A)(9), 32(3) and 45(1B)(10) in Schedule 1 to, that Act;

(d) having regard to the definition of “prescribed” in section 202(1) of the 1983 Act and section 27(2) of the 1985 Act, section 2(3) of the 1985 Act(11);

(e) having regard to the definition of “prescribed” in section 202(1) of the 1983 Act and paragraph 1(2) of Schedule 4 to the Representation of the People Act 2000, the following provisions in that Schedule, namely, paragraphs 3(1)(b) and (2)(c), 4(1)(b), (2)(c) and (4)(a), 6(7) and (8) and 7(5)(c) and (7);

(f) having regard to the designation(12) of the Secretary of State for the purposes of section 2(2) of the European Communities Act 1972(13) in relation to measures relating to the rights of citizens o f the Union to vote at European Parliamentary elections and local government elections in Scotland, that section 2(2); and

(g) paragraph 2(4)(b) of Schedule 1 to the European Parliamentary Elections Act 1978(14).

Regulation 2

SCHEDULE 2 S REVOCATIONS

Commencement Information

I2 Sch. 2 in force at 16.2.2001, see reg. 1(1)

1	2	3
Regulations revoked	References	Extent of revocation
The Representation of the People (Scotland) Regulations 1986	S.I. 1986/1111	The whole Regulations except– (i) regulations 1, 4 and 95 to 98, and (ii) regulations 75, 76 and 78 to 94 insofar as they relate to a local government election(15)
The Representation of the People (Scotland) Amendment Regulations 1990	S.I. 1990/629	The whole Regulations except regulations 24 and 25 insofar as they relate to a local government election, and regulations 28 to 33
The Representation of the People (Scotland) Amendment Regulations 1992	S.I. 1992/834	The whole Regulations
The European Parliamentary Elections (Changes to the Franchise and Qualification of Representatives) Regulations 1994	S.I. 1994/342	Part II of the Schedule
The Local Government Elections (Changes to the Franchise and Qualification of Members) Regulations 1995	S.I. 1995/1948	Paragraphs 17 to 22 of Schedule 2
The Representation of the People (Scotland) Amendment Regulations 1997	S.I. 1997/979	The whole Regulations

Regulation 4(2)

SCHEDULE 3 S FORMS

ARRANGEMENT OF FORMS S

Form A:	Elector’s official poll card
Form B:	Proxy’s official poll card
Form C:	Return of expenses required by section 75 of the 1983 Act
Form D:	Declaration as to expenses required by section 75 of the 1983 Act
Form E:	Proxy paper
Form F:	Certificate of employment
Form G:	Declaration of identity (for use at parliamentary elections)
Form H:	Declaration of identity (for use when postal ballots are combined)
Form J:	Declaration of identity (for use when a parliamentary poll is combined with another poll but the postal ballots are not combined)
Form K:	Statement as to postal ballot papers

Regulation 9(2)

Form A: S

Commencement Information

I3 Sch. 3 in force at 16.2.2001, see reg. 1(1)

ELECTOR'S OFFICIAL POLL CARD S

Regulation 9(3)

F1 Form B: S

Textual Amendments

F1 Sch. 3 Form B: the words “spouse, civil partner” substituted for “husband, wife” (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 1, Sch. 10 para. 1(7)(a)

PROXY'S OFFICIAL POLL CARD S

Regulation 10(1)

Form C: S RETURN OF EXPENSES REQUIRED BY SECTION 75 OF THE 1983 ACT

Regulation 10(1)

Form D: S DECLARATION AS TO EXPENSES REQUIRED BY SECTION 75 OF THE 1983 ACT

Regulation 57(3)

F2 Form E: S PROXY PAPER

Textual Amendments

F2 Sch. 3 Form E: the words “spouse, civil partner” substituted for “husband, wife” (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 1, Sch. 10 para. 1(7)(b)

Regulation 63(1)

Form F: S CERTIFICATE OF EMPLOYMENT

Regulation 66(a)

Form G: S DECLARATION OF IDENTITY(for use at parliamentary elections)

Regulation 66(b)

Form H: S FORM OF DECLARATION OF IDENTITY(for use when postal ballots are combined)

Regulation 66(c)

Form J: S DECLARATION OF IDENTITY(for use when a parliamentary poll is combined with another poll but the postal ballots are not combined)

Regulation 91(1)(b)

Form K: S STATEMENT AS TO POSTAL BALLOT PAPERS

Regulation 13

SCHEDULE 4 S APPLICATION WITH MODIFICATIONS OF PROVISIONS OF THE 1983 AND 1985 ACTS FOR REGISTRATION OF EUROPEAN PARLIAMENTARY OVERSEAS ELECTORS

Commencement Information

I4 Sch. 4 in force at 16.2.2001, see reg. 1(1)

1	2
Provision applied	Modification
PART I: THE 1983 ACT
Section 4(5) (attainers)(16)
Section 9 (register of electors)(17)	In subsection (1)(a) omit “for each constituency or part of a constituency”. Omit subsection (2)(b). Omit subsections (5) to (8).
Section 13 (publication of registers)(18)	For subsections (1) to (3) substitute: “(1) Where a register under section 3 of the 1985 Act is in force, a revised version of it shall be published when a revised version of the registers of parliamentary and local government electors is published under this section as it has effect for the purposes of such registers.”.
Section 13A (alteration of registers)
Section 13B (alteration of register: pending elections)	For subsection (4) substitute: “(4) This section applies to elections to the European Parliament.”
Section 50 (effect of misdescription)	For paragraphs (a), (b) and (c) substitute “in the register”.
Section 52 (discharge of registration duties)(19)	In subsections (1) and (4) after the word “Act” insert “and regulation 13 of the Representation of the People (Scotland) Regulations 2001”.
Section 54 (payment of expenses of registration)(20)	In subsection (1) after the word “Act” in the first place where it occurs, insert “and regulation 13 of the Representation of the People Regulations 2001”. Omit subsection (3)
Section 56 as applied by section 57 (registration appeals: (Scotland)(21)	Omit subsection (1)(b)
Section 63 (breach of official duty)(22)	In subsection (3)– (a) for paragraphs (a) to (d) substitute: “(a) any registration officer,”; and (b) for the words from “relating to” to the end of the subsection substitute “relating to the registration of European Parliamentary overseas electors”.
PART II: THE 1985 ACT
Section 2 (registration of British citizens overseas)(23)	In paragraph (a) of subsection (1) omit “constituency or” and in paragraph (b) after “of that” insert “part of the”
	In paragraph (c) of subsection (2) for the words from “parliamentary” to the end of that paragraph, substitute “local government electors”.
	In subsection (4) for “section 1” substitute “section 3”(24). In subsection (7) omit “constituency or”. In subsection (8) for “section 1(1)(a)” substitute “section 3(1)(a)”.
In section 12 (offences as to Declarations etc), subsections (1), (2) and (4)	In subsection (1)(a) for the word the word “parliamentary” substitute “European Parliamentary”.

(1)

Sections 10A and 13A were substituted by Schedule 1 to the 2000 Act.

(2)

Section 53 was amended by Schedule 4 to the 1985 Act and Schedule 1 to the 2000 Act.

(3)

Section 201(1) was amended by S.I. 1991/1728 and section 201(3) was inserted by Schedule 1 to the 2000 Act.

(4)

Rule 24 was substituted by Schedule 6 to the 2000 Act.

(5)

Schedule 2 was amended by Schedules 2, 3 and 4 to the 1985 Act; Schedules 1 and 6 to the 2000 Act; and section 5 of the Representation of the People Act 1989 (c. 28). Schedule 2 has also been amended by section 9 of the 2000 Act but the amendments are not yet in force.

(6)

Section 3 was substituted by Schedule 2 to the 2000 Act.

(7)

Section 4 was substituted by section 1(2) of the 2000 Act.

(8)

Sections 9, 10A, 13, 13A and 13B were substituted by Schedule 1 to the 2000 Act.

(9)

Rule 29(3A) was inserted by section 13(2) of the 2000 Act.

(10)

Rule 45(1B) was inserted by Schedule 6 to the 2000 Act.

(11)

Section 2 was substituted by Schedule 2 to the 2000 Act.

(12)

The European Communities (Designation) (No. 3) Order 1993 (S.I. 1993/2661).

(13)

1972 c. 68.

(14)

1978 c. 10.

(15)

Under section B3 of Part II of Schedule 5 to the Scotland Act 1998 (c. 46) the franchise at local government elections is reserved.

(16)

Section 4 was substituted by section 1(2) of the 2000 Act.

(17)

Section 9 was substituted by Schedule 1 to the 2000 Act

(18)

Sections 13, 13A and 13B were substituted by Schedule 1 to the 2000 Act.

(19)

Section 52 was amended by Schedule 4 to the 1985 Act and Schedule 13 to the Local Government etc. (Scotland) Act 1994.

(20)

Section 54 was amended by Schedule 4 to the 1985 Act.

(21)

Section 56 was amended by Schedule 4 to the 1985 Act and Schedule 1 to the 2000 Act.

(22)

Section 63 was substituted by Schedule 4 to the 1985 Act.

(23)

Section 2 was substituted by Schedule 2 to the 2000 Act.

(24)

Section 3 was substituted by Schedule 2 to the 2000 Act.