The Scottish Parliament (Elections etc.) Order 2010

Registration appeals

4.—(1) An appeal lies to the sheriff from any decision under this Order of the ERO disallowing a person’s application to vote—

(a) by proxy or by post as elector; or

(b) by post as proxy,

in any case where the application is not made for a particular Scottish parliamentary election only.

(2) An appeal lies on any point of law from any decision of the sheriff under this article to the court of three judges constituted under section 57(2) of the 1983 Act (Registration Appeal Court) (“the registration appeal court”).

(3) An appeal made by virtue of this article or section 56 of the 1983 Act (registration appeals) which is pending when notice of an election is given shall not prejudice the operation as respects that election of the decision appealed against, and anything done in pursuance of the decision shall be as good as if no such appeal had been brought and shall not be affected by the decision of the appeal.

(4) The sheriff clerk (or clerk to the registration appeal court) shall send to the ERO, by recorded delivery, notice of the decision of the sheriff (or of the registration appeal court) on any appeal by virtue of this article, and the ERO must make such alterations in the—

(a) record kept under article 8(4) (absent voters); or

(b) record kept under article 11(5) (proxy voters),

as may be required to give effect to the decision.

(5) Where, as a result of the decision on an appeal under this article or section 56 of the 1983 Act, an alteration in the register of electors is made which takes effect under this article or under section 13(5), 13A(2), 13B(3) or (3B) or 13BB(4) or (5) of the 1983 Act(1) (effective dates of register published following conclusion of canvass and notices of alteration of register) on or before the date of the poll for an election, paragraph (3) does not apply to that appeal as respects that election.

(6) On an appeal brought under this article, the ERO is deemed to be a party to the proceedings, and the registration expenses payable to an ERO under section 54 of the 1983 Act(2) shall include any expenses properly incurred by the ERO by virtue of this paragraph.

(1)

Sections 13, 13A and 13B were substituted by the 2000 Act, Schedule 1, paragraph 6. Section 13(5) was amended by the Political Parties and Elections Act 2009 (c.12) (“the 2009 Act”), Schedule 6, paragraph 2. Section 13B(3B) was inserted by the 2006 Act, section 11(4). Section 13BB was inserted by the 2009 Act, section 23(1).

(2)

Section 54 was amended by the Representation of the People Act 1985 (c.50), section 24 and Schedule 4, paragraph 14.