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), [F1 13AB(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).

Textual Amendments

F1 Word in Sch. 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(4), 44

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

Modifications etc. (not altering text)

C1 Sch. 3 applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 65

C2 Sch. 3 modified (temp.) (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), reg. 1(2), Sch. 2 para. 4(2) (with Sch. 2 para. 2)

C3 Sch. 3 modified (temp.) (31.1.2024) by S.I. 2023/1147, Sch. 2 para. 4(3)(4) (as inserted by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2024 (S.I. 2024/99), regs. 1(1), 2(2))

ARRANGEMENT OF FORMS S

[F2 Form A	Official poll card (to be sent to an elector voting in person)
Form A1	Official postal poll card (to be sent to an elector voting by post)
Form B	Official proxy poll card (to be sent to an appointed proxy voting in person)
Form B1	Official proxy postal poll card (to be sent to an appointed proxy voting by post)]
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 [F3 (local government elections)]
[F4 Form E1:	Proxy paper (parliamentary elections)]
Form F:	Certificate of employment
Form G:	[F5 Postal voting statement] (for use at parliamentary elections)
F6 . . .	F6 . . .
Form J:	[F5 Postal voting statement] (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
[F7 Form L1	Corresponding Number List for use at parliamentary election taken alone
Form L2	Corresponding Number List for use in polling station at parliamentary election taken alone
Form M1	Corresponding Number List for use when parliamentary election combined with another poll
Form M2	Corresponding Number List for use in polling station when parliamentary election combined with another poll]

Textual Amendments

F2 Words in Sch. 3 Table of Contents substituted (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), 35(2)

F3 Words in Sch. 3 Table of Contents 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), 11(a)(i)

F4 Words in Sch. 3 Table of Contents 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), 11(a)(ii)

F5 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)

F6 Words in Sch. 3 Table of Contents omitted (with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 3(14)(a)

F7 Words in Sch. 3 Table of Contents inserted (with effect in accordance with reg. 1(2)(3)(a) of the amending S.I.) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 28(2)

Regulation 9(2)

F8 Form A: S

Textual Amendments

F8 Sch. 3 Form A substituted (31.1.2024) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), reg. 1(3)(a), Sch. 4 (with Sch. 2 paras. 2, 4)

Official poll card to be sent to an elector voting in person S

F9 Form A1 S Official postal poll card to be sent to an elector voting by post

Textual Amendments

F9 Sch. 3 Form A1 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), Sch. 2

Regulation 9(3)

F10 Form B: S

Textual Amendments

F10 Sch. 3 Form B substituted (31.1.2024) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), reg. 1(3)(a), Sch. 4 (with Sch. 2 paras. 2, 4)

Official proxy poll card to be sent to an appointed proxy voting in person S

F11 Form B1 S Official proxy postal poll card to be sent to an appointed proxy voting by post

Textual Amendments

F11 Sch. 3 Form B1 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), Sch. 2

Regulation 10(1)

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

Commencement Information

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

Regulation 10(1)

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

Regulation 57(3)

F12 F13 F14 F15 F16 F17 F18 F19 F20 Form E: S PROXY PAPER

Textual Amendments

F12 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)

F13 Sch. 3 Form E: the words “European Parliamentary electoral region” and “*[European Parliamentary electoral region]” and the words “European Parliamentary” and “*[European Parliamentary]” in each place they appear are revoked (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 2 (as amended by S.I. 2019/1389, regs. 1, 2(2))

F14 Sch. 3 Form E: the word “Constituency” is omitted (31.10.2023) by virtue of The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 11(c)(i)

F15 Sch. 3 Form E: the punctuation “*[” in the first place it occurs is omitted (31.10.2023) by virtue of The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 11(c)(ii)

F16 Sch. 3 Form E: the punctuation “]” in the first place it occurs is omitted (31.10.2023) by virtue of The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 11(c)(iii)

F17 Sch. 3 Form E: the words “*[who qualifies as an overseas elector in respect of the above constituency]” are omitted (31.10.2023) by virtue of The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 11(c)(iv)

F18 Sch. 3 Form E: the words “local government” substituted for “*[parliamentary] *[local government]” in both places it occurs (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 11(c)(v)

F19 Sch. 3 Form E: the words “electoral area” substituted for “*[constituency] *[electoral area]” in both places it occurs (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 11(c)(vi)

F20 Sch. 3 Form E: the words “parliamentary, or” in the section titled “Your right to vote as proxy” in paragraph (2) are omitted (31.10.2023) by virtue of The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 11(c)(vii)

F21 Form E1: S PROXY PAPER (parliamentary elections)

Textual Amendments

F21 Sch. 3 Form E1 inserted (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), reg. 1(2), Sch. 4 (with Sch. 2 paras. 2, 5)

Regulation 63(1)

F22 Form F: S CERTIFICATE OF EMPLOYMENT

Textual Amendments

F22 Sch. 3 Form F substituted (6.4.2014) by The Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3206), reg. 1(3)(e), Sch. 4

Regulation 66(a)

F23 Form G: S Postal voting statement for use at a parliamentary election taken alone

Textual Amendments

F23 Sch. 3 Form G 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), Sch. 2

F24 Form H: S Form of postal voting statement(for use where there is a joint issue and receipt of postal ballot papers)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24 Sch. 3 Form H omitted (with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 3(14)(c)

Regulation 66(c)

F25 Form J: S postal voting statement for use when a parliamentary poll is combined with another poll but the postal ballots are not combined

Textual Amendments

F25 Sch. 3 Form J 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), Sch. 2

Regulation 91(1)(b)

F26 Form K: S Statement as to postal ballot papers

Textual Amendments

F26 Sch. 3 Form K 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), Sch. 2

F27 Form L1 S

Textual Amendments

F27 Sch. 3 Forms L1, L2, M1, M2 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), reg. 1(1), Sch. 2

F27 Form L2 S

F27 Form M1 S

F27 Form M2 S

Regulation 13

F28 SCHEDULE 4 S APPLICATION WITH MODIFICATIONS OF PROVISIONS OF THE 1983 AND 1985 ACTS FOR REGISTRATION OF EUROPEAN PARLIAMENTARY OVERSEAS ELECTORS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F28 Sch. 4 revoked (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 2 (as amended by S.I. 2019/1389, regs. 1, 2(2))

Regulation 13

F29 SCHEDULE 4A S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F29 Sch. 4A revoked (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 2 (as amended by S.I. 2019/1389, regs. 1, 2(2))

(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.