The Scottish Parliament (Elections etc.) Order 2015

General requirements for applications S

1.—(1) Applications under article 8, 9, 10 or 11 (absent votes) must be made and sent or delivered in accordance with article 87, must be dated and must state—

(a) the applicant’s name in full;

(b) except in the case of an application under article 11, the address in respect of which the applicant is registered or has applied to be (or is treated as having applied to be) registered in the register of electors;

(c) in the case of an application under article 11, the address of the applicant, together with the name of the elector for whom the applicant will act as proxy and the address of that elector in respect of which the elector is registered or has applied to be (or is treated as having applied to be) registered in the register of electors;

(d) in the case of an application to vote by proxy, the grounds on which the elector claims to be entitled to an absent vote;

(e) in the case of an application to vote by post (including an application under article 11), the address to which the ballot paper should be sent;

(f) in the case of a person who is unable to provide a signature, the reasons for the person’s request for waiver of any requirement under article 8, 9, 10 or 11 to provide a signature and the name and address of any person who has assisted the person to complete the application; and

(g) where the applicant has, or has applied for, an anonymous entry, that fact.

(2) Where an application is required to contain a signature and date of birth, the information must be set out in a manner that is sufficiently clear and unambiguous as to be capable of electronic scanning by configuring the information as follows—

(a) the signature shall appear against a background of white unlined paper at least five centimetres long and two centimetres high; and

(b) the applicant’s date of birth shall be set out numerically configured in the sequence of date, month and year, namely [d][d][m][m][y][y][y][y].

(3) Where the application contains a request that the ERO waive the requirement for a signature, sub-paragraph (2)(a) shall not apply.

(4) For the purposes of sub-paragraph (1)(b), the address in respect of which the applicant is or has applied to be (or is treated as having applied to be) registered includes—

(a) in the case of a service voter, the address given in the service declaration in accordance with section 16(1)(d) of the 1983 Act(1) (contents of a service declaration);

(b) in the case of a voluntary mental patient, the address of the mental hospital or the address shown on the declaration of local connection in accordance with section 7B(3)(d) of the 1983 Act(2) (notional residence: declaration of local connection);

(c) in the case of a person remanded in custody, the address of the place at which the person is detained or the address shown on the declaration of local connection in accordance with section 7B(3)(d) of the 1983 Act; F1 ...

(d) in the case of a homeless person, within the meaning of section 7B(2)(c) of the 1983 Act, or of a person to whom section 7B(2A) of the 1983 Act(3) applies, the address shown on the declaration of local connection in accordance with section 7B(3)(d) of that Act.

[F2 (e) in the case of a person to whom section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies, the address shown on the declaration of local connection in accordance with section 7B(3)(d) of that Act.]

(5) An application under article 9(1), (2) or (4), 10(7) or 11(4) or (6) shall specify the election in respect of which it is made.

(6) An application under article 9(1), (2) or (4) shall also specify whether it is for an indefinite period or for a particular period specified in the application.

(7) An application to vote by proxy under article 8(2) or (7) or 9(2) or (4) shall include an application for the appointment of a proxy which meets the requirements of [F3 paragraph 8].

(8) An application under article 8, 9, 10 or 11 shall comply with such further requirements of this Schedule as apply to such an application including the requirements as to time set out by paragraph 9.

Textual Amendments

F1 Word in sch. 3 para. 1(4)(c) omitted (11.12.2020) by virtue of The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426), arts. 1(1), 16(2) (with art. 1(2))

F2 Sch. 3 para. 1(4)(e) inserted (11.12.2020) by The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426), arts. 1(1), 16(3) (with art. 1(2))

F3 Words in sch. 3 para. 1(7) substituted (24.3.2021) by The Scottish Parliament (Elections etc.) Amendment (Coronavirus) Order 2021 (S.S.I. 2021/164), arts. 1(1), 2(2) (with art. 1(2))

Commencement Information

I1 Sch. 3 para. 1 in force at 16.12.2015 in accordance with art. 1(1)

(1)

Section 16(1)(d) was amended by the 2000 Act, sections 8 and 15(2), Schedule 1, paragraphs 1 and 9(c) and Schedule 7, Part 1. The existing text was renumbered as subsection (1), and a further subsection added, by section 9 of the Scottish Elections (Reduction of Voting Age) Act 2015 (asp 7).

(2)

Section 7B was inserted by the 2000 Act, section 6, and is amended by section 8 of the Scottish Elections (Reduction of Voting Age) Act 2015 (asp 7).

(3)

Section 7B(2A) is inserted by section 8 of the Scottish Elections (Reduction of Voting Age) Act 2015; it allows persons under the age of 16 to register using a declaration of local connection if they are or have been looked after by a local authority or are being kept in secure accommodation.