Representation of the People (Scotland) Regulations 2001

Changes to legislation:

Representation of the People (Scotland) Regulations 2001, Section 26 is up to date with all changes known to be in force on or before 11 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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reg. 31I(3)(t) inserted by S.I. 2022/1382 reg. 39(2)

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Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

reg. 31I(3)(t) inserted by S.I. 2022/1382 reg. 39(2)

[F1Applications for registrationS

26.—(1) An application for registration as a parliamentary or local government elector (or both) under section 10ZC or an application for alteration in respect of address under section 10ZD of the 1983 Act (“an application”) must be in writing and must state—

(a)the applicant’s full name F2...;

(b)except in the case of an application being made in pursuance of a service declaration or an overseas elector’s declaration, the address in respect of which the applicant applies to be registered and at which they are resident on the date of the application;

(c)any address at which the applicant has ceased to reside within 12 months before the date of the application and, where that address is not in the United Kingdom [F3and the application is not being made in pursuance of an overseas elector’s declaration], an indication of whether the person was registered in pursuance of an overseas elector’s declaration during this period;

(d)[F4except in the case of an application being made in pursuance of an overseas elector’s declaration,] an indication of whether the applicant is resident at any other address, including at any address in respect of which the applicant is currently registered as an elector and in respect of which the applicant claims to be entitled to remain registered;

(e)the applicant’s date of birth or, if they are not able to provide that information, the reason why they are not able to do so and a statement as to whether the applicant is under 18 years old;

(f)the applicant’s national insurance number or, if they are not able to provide that information, the reason why they are not able to do so;

(g)except in the case of a person applying to be registered in pursuance of an overseas elector’s declaration, the applicant’s nationality or nationalities or, if they are not able to provide that information, the reason why they are not able to do so;

(h)an indication of whether the applicant requests that their name and address are omitted from the edited version of the register;

(i)in the case of an applicant whose application is accompanied by an application for an anonymous entry, that fact;

(j)a declaration by the applicant that the information provided in the application is true; and

(k)the date of the application.

[F5(1A) In relation to the registration of local government electors, where the applicant is not able to provide the applicant's date of birth, the statement referred to in paragraph (1)(e) must indicate whether the applicant is—

(a)under the age of 16,

(b)aged 16 or 17, or

(c)aged 18 or older.]

[F6(1B) In relation to the registration of local government electors, where the applicant is a person to whom section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies, an application under paragraph (1) must include the applicant’s prisoner number.]

(2) In the case of a person applying to be registered as a parliamentary or local government elector (or both) in pursuance of a service declaration, a declaration of local connection or an overseas elector’s declaration, an application under paragraph (1) must include the appropriate declaration.

(3) The Electoral Commission must design a paper application form which requires the information and declarations in paragraphs (1) [F7, (1A)] and (2) and includes—

(a)a statement that the information provided in the application will be processed in accordance with [F8the data protection legislation] and as to what information will appear on the electoral register;

(b)a statement that persons without lawful immigration status are ineligible to register to vote, and that registration officers may request checks in relation to an applicant’s immigration status against Home Office records;

[F9(ba)a statement that persons who are not qualifying Commonwealth citizens, citizens of the Republic of Ireland [F10or qualifying foreign nationals] are ineligible to register to vote at local government elections and that, in relation to an applicant’s nationality, registration officers may require the applicant to provide additional information or may carry out checks against Government records;]

(c)a statement that it is an offence to provide false information to the registration officer, together with a statement of the maximum penalty for that offence;

[F11(ca)a statement that failure to provide an address at which the applicant has ceased to reside within 12 months before the date of the application or any other mandatory information requested on the form, may delay the registration process;]

(d)space for a bar code, local authority reference number and security code unique to each form;

(e)space for the email address and telephone number or numbers of the applicant and an explanation that provision of this information is not mandatory;

[F12(ea)space for the applicant to provide their most recent previous name (if they have one) and an explanation that provision of this information is not mandatory but may assist the registration officer in verifying the applicant’s identity, and that if the information is not provided then additional personal information may be required;]

F13(eb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)space for the registration officer to include local authority information and details of how the registration officer may be contacted;

(g)an indication of whether the applicant wishes to be able to cast an absent vote;

(h)an explanation of what the edited register is, using the short version of the form of words prescribed by regulation 47 of and Schedule 3 to the Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013; and

(i)the web site address of the digital service.

[F14(3A) In relation to the registration of local government electors, the paper application form under paragraph (3) must also include an explanation of how information about applicants under the age of 16 will be held and used.]

(4) The paper application form for persons applying to be registered in pursuance of a service declaration must—

(a)instead of the information required in paragraph (1)(b), request the applicant’s correspondence address or British Forces Post Office Number;

(b)in the case of an application in pursuance of a service declaration on the grounds that the applicant is a member of the forces (within the meaning of section 59(1) of the 1983 Act) or the spouse or civil partner of a member of the forces (within the meaning of section 59(1) of the 1983 Act), also include a statement that the applicant must renew their application for registration every 5 years but may cancel it at any time.

[F15(c)[F16in relation to the registration of local government electors,] not include space for the information mentioned in paragraph (3)(eb).]

[F17(5) The paper application form for persons applying to be registered in pursuance of an overseas elector’s declaration must—

[F18(za)instead of the statement required in paragraph (3)(ba), include a statement that, in relation to an applicant’s nationality, registration officers may require the applicant to provide additional information or may carry out checks against Government records, and

(zb)include space for the address at which the applicant can be contacted.]

F19(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F21(5A) The paper application form for persons applying to be registered [F22as a local government elector] in pursuance of a declaration of local connection must not include space for the information mentioned in paragraph (3)(eb).]

(6) The Electoral Commission must obtain the approval of the [F23Secretary of State] to the design of the application forms under paragraphs [F24(3) to (5A)] and must then make the forms available to registration officers.

[F25(6A) Before giving approval for the purposes of paragraph (6) to the design of the forms under paragraphs (3), (4) and (5A), the [F26Secretary of State] must consult the Scottish Ministers.]

(7) Where a registration officer gives a paper application form to a person resident in Scotland, it must be accompanied by a pre-addressed reply envelope, return postage of which must be prepaid.

(8) A registration officer may authorise the applicant to provide the information required by paragraph (1) to the registration officer by telephone or in person and, where the officer does so, the registration officer must—

(a)provide the applicant with an explanation of what the edited register is, using the short version of the forms of words prescribed by regulation 47 of and Schedule 3 to the Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013; and

(b)transfer the information provided by the applicant into an application in writing.

(9) [F27Where, by virtue of arrangements made by the [F28Secretary of State], an application under paragraph (1) may be made through the digital service, the [F29Secretary of State]] must request the applicant’s email address and telephone number or numbers and provide an explanation of the purpose for which this information will be used.

[F30(9A) In relation to the registration of local government electors, paragraphs (1)(f) and (8)(a) do not apply in the case where the applicant is under the age of 16.]

[F31(9B) Where—

(a)an applicant makes an application in pursuance of an overseas elector’s declaration, and

(b)the applicant is unable to provide a national insurance number in accordance with paragraph (1)(f),

the applicant may provide as part of the application a copy of any of the documents listed in regulation 26B(2) to (4).

(9C) Where an applicant makes an application in pursuance of an overseas elector’s declaration in reliance upon the previous residence condition, the applicant may provide as part of the application a copy of any document which meets the evidential requirement described in regulation 26D(3).]

F32(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) The [F33Secretary of State] must send to the registration officer any application he receives [F34, subject to paragraph (12),] together with—

[F35(za)any copy documentation provided by the applicant in accordance with paragraph (9B) or (9C);]

(a)the applicant’s email address and telephone numbers (if provided); and

(b)a reference number unique to that application.

[F36(12) Where an application made through the digital service in accordance with paragraph (9) includes the applicant’s national insurance number the Secretary of State—

(a)may send the registration officer that application without the national insurance number, and

(b)where the Secretary of State does so, must indicate to the registration officer that a national insurance number was included when the application was made by the applicant.]]

Textual Amendments

F1Reg. 26 substituted (10.6.2014) by The Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3206), regs. 1(5)(b), 10

F2Words in reg. 26(1)(a) omitted (2.12.2015) by virtue of The Representation of the People (Scotland) (Amendment) (No. 2) Regulations 2015 (S.I. 2015/1966), regs. 1, 4(a)

F3Words in reg. 26(1)(c) inserted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 10(6)(a)(i) (with Sch. 2 para. 2(d))

F4Words in reg. 26(1)(d) inserted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 10(6)(a)(ii) (with Sch. 2 para. 2(d))

F5Reg. 26(1A) inserted (25.7.2015) by Scottish Elections (Reduction of Voting Age) Act 2015 (asp 7), ss. 5(2)(a), 21

F6Reg. 26(1B) inserted (27.6.2020) by The Representation of the People (Scotland) Amendment Regulations 2020 (S.S.I. 2020/180), regs. 1(2), 4(a)

F7Word in reg. 26(3) inserted (25.7.2015) by Scottish Elections (Reduction of Voting Age) Act 2015 (asp 7), ss. 5(2)(b), 21

F8Words in reg. 26(3)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 267 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F9Reg. 26(3)(ba) inserted (1.7.2018) by The Representation of the People (Scotland) Amendment Regulations 2018 (S.S.I. 2018/89), regs. 1(3), 3(a) (with reg. 1(4)); S.I. 2018/427, regs. 1(3), 3(a) (with reg. 1(4))

F10Words in reg. 26(3)(ba) substituted (3.8.2020) by The Representation of the People (Scotland) Amendment Regulations 2020 (S.S.I. 2020/180), regs. 1(3), 4(b); S.S.I. 2020/162, reg. 2

F11Reg. 26(3)(ca) inserted (1.7.2018) by The Representation of the People (Scotland) Amendment Regulations 2018 (S.S.I. 2018/89), regs. 1(3), 3(b) (with reg. 1(4)); S.I. 2018/427, regs. 1(3), 3(b) (with reg. 1(4))