Representation of the People (Scotland) Regulations 2001

[F1 Procedure for reviewing entitlement to registration S

31D.— (1) A registration officer [F2 must], for the purposes of making a determination of the nature specified in regulation 31B(2), conduct a review in respect of a person entered in the register.

(2) Where the registration officer is not satisfied that the subject of the review is entitled to be registered, he must–

(a) send to that person such notice, of a kind specified in paragraph (4), as he considers appropriate; and

(b) enter the review in the list kept in pursuance of regulation 31E.

(3) Paragraph (2)(b) does not apply where the subject of a review has an anonymous entry.

[F3 (3A) In relation to the registration of local government electors, paragraph (2)(b) does not apply where the subject of the review is under the age of 16.]

(4) A notice is specified for the purposes of this paragraph if it–

(a) states that the registration officer is of the opinion that the subject of the review [F4 is or was not entitled to be registered, or has an entry in the register which results from or was altered as the result of an application made by another person,] and the grounds for his opinion;

(b) states the reason for the review and requires the subject of the review to provide such further information as might be specified in the notice or requires him to make a declaration under regulation 24 or both; or

(c) states the reason for the review and that the registration officer intends to conduct a hearing of it.

[F5 (4A) A notice specified for the purposes of paragraph (4)(a) must also state that—

(a) where the subject of the review does not notify the registration officer within 14 days beginning with the date of the notice that the subject requires the review to be heard, the registration officer may determine the review and remove the subject’s entry from the register;

(b) the subject of the review would not be entitled to a right of appeal against the registration officer’s determination in the circumstances described in sub-paragraph (a); and

(c) after 14 days beginning with the date of the notice, the subject of the review can contact the registration officer to find out if the registration officer has removed the subject’s entry from the register.]

(5) Where–

(a) the registration officer sends to the subject of the review a notice in the form specified in paragraph (4)(a); and

(b) that person does not, within 14 days beginning with the date of that notice, notify the registration officer that he requires the review to be heard,

the registration officer may determine without a hearing that the subject of the review was not entitled to be registered [F6 , that the subject of the review was registered and their entry has been altered as the result of an application made by another person,] or, as the case may be, [F7 that the subject of the review] has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act.

(6) Paragraph (7) applies where–

(a) the registration officer sends to the subject of the review a notice in the form specified in paragraph (4)(b); and

(b) that person does not respond to the registration officer’s satisfaction, or at all, within the period of 28 days beginning with the date of that notice.

[F8 (7) The registration officer may send a notice to the subject of the review which states that—

(a) the registration officer is not satisfied that the subject of the review is or was entitled to be registered, or that the subject’s entry in the register does not result from or has not been altered as the result of an application made by another person, and the grounds for the registration officer’s opinion;

(b) if, within 14 days beginning with the date of the notice, the subject of the review does not require the review to be heard, the registration officer may determine the review and remove the subject’s entry from the register;

(c) the subject of the review would not be entitled to a right of appeal against the registration officer’s determination in the circumstances described in sub-paragraph (b); and

(d) after 14 days beginning with the date of the notice, the subject of the review can contact the registration officer to find out if the registration officer has removed the subject’s entry from the register.]

(8) Where–

(a) the registration officer sends to the subject of the review a notice in pursuance of paragraph (7); and

(b) the subject of the review does not, within the period of 14 days beginning with the date of that notice, notify the registration officer that he requires the review to be heard,

the registration officer may determine without a hearing that the subject of the review was not entitled to be registered [F9 , that the subject of the review was registered and their entry has been altered as the result of an application made by another person,] or, as the case may be, [F10 that the subject of the review] has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act.

(9) In making a determination under paragraph (5) or (8), the registration officer must take into account any written representations made to him by the subject of the review and may take into account the written representations of any other person who appears to him to be interested.

(10) In this regulation and regulations 31E and 31F–

• “review” must be construed in accordance with paragraph (1);

• “the subject of the review” means the person in respect of whom the review is conducted.]

Textual Amendments

F1 Regs. 31B-31F inserted (1.4.2007) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 11

F2 Word in reg. 31D(1) 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), 18(2)

F3 Reg. 31D(3A) inserted (25.7.2015) by Scottish Elections (Reduction of Voting Age) Act 2015 (asp 7), ss. 6(2), 21

F4 Words in reg. 31D(4)(a) 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), 18(3)

F5 Reg. 31D(4A) inserted (1.7.2018) by The Representation of the People (Scotland) Amendment Regulations 2018 (S.S.I. 2018/89), regs. 1(3), 5(a) (with reg. 1(4)); S.I. 2018/427, regs. 1(3), 5(a) (with reg. 1(4))

F6 Words in reg. 31D(5) inserted (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), 18(4)(a)

F7 Words in reg. 31D(5) inserted (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), 18(4)(b)

F8 Reg. 31D(7) substituted (1.7.2018) by The Representation of the People (Scotland) Amendment Regulations 2018 (S.S.I. 2018/89), regs. 1(3), 5(b) (with reg. 1(4)); S.I. 2018/427, regs. 1(3), 5(b) (with reg. 1(4))

F9 Words in reg. 31D(8) inserted (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), 18(6)(a)

F10 Words in reg. 31D(8) inserted (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), 18(6)(b)