The Scottish Parliament (Elections etc.) Order 2015

[F1 Registration and absent voting appeals] S

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 [F2 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 [F3 or section 56 of the 1983 Act], an alteration in the register of electors is made which takes effect under this article [F4 or under section 13(5), 13A(2), 13AB(3) or 13B(3) or (3B) of the 1983 Act] on or before the date of the poll for an election, paragraph (3) does not apply to that appeal as respects that election.

Textual Amendments

F1 Art. 4 heading substituted (11.12.2020) by The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426), arts. 1(1), 4(2) (with art. 1(2))

F2 Words in art. 4(3) inserted (11.12.2020) by The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426), arts. 1(1), 4(3) (with art. 1(2))

F3 Words in art. 4(5) inserted (11.12.2020) by The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426), arts. 1(1), 4(4)(a) (with art. 1(2))

F4 Words in art. 4(5) inserted (11.12.2020) by The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426), arts. 1(1), 4(4)(b) (with art. 1(2))

Commencement Information

I1 Art. 4 in force at 16.12.2015 in accordance with art. 1(1)