Representation of the People (Scotland) Regulations 2001

[F1 [F2 Annual canvass S

32ZBA.— (1) Before conducting the annual canvass required by section 9D(1) of the 1983 Act, each registration officer must comply with paragraph (1) of regulation 32ZBB in respect of a register F3 ....

(2) Each registration officer must conduct the annual canvass in respect of a residential address in the area for which they are responsible in accordance with regulation 32ZBD, for the purposes of a register F4 ....

(3) The obligation in paragraph (2) does not apply in a case described in paragraph (4) or (5) (but see paragraph (6)).

(4) The first case is where—

(a) having taken into account the information described in paragraph (7), the registration officer—

(i) is satisfied that it is not necessary to remove a person registered at the address from a register F5 ...; and

(ii) has no reason to believe that any addition may be required to such a register in respect of the address; and

(b) having proceeded to conduct the annual canvass in accordance with regulation 32ZBE—

(i) the registration officer remains satisfied as to the matters in sub-paragraph (a); or

(ii) in circumstances where the registration officer has reason to believe that—

(aa) it may be necessary to remove a person registered at that address from a register F5 ...; or

(ba) a person who resides at the address may be entitled to be added to such a register,

the registration officer is aware of that person’s name.

(5) The second case is where—

(a) the address is in respect of a property to which regulation 32ZBF(2) applies;

(b) the registration officer has—

(i) identified a responsible person in respect of that property within the meaning of regulation 32ZBF(8); and

(ii) attempted to make contact with the responsible person in accordance with regulation 32ZBF(5) [F6 or (5A)]; and

(c) the responsible person has, within a reasonable time of the registration officer making that attempt, communicated the information described in regulation 32ZBF(5)(a) to (c) to the officer.

(6) Where any of the information described in paragraph (7) or taken into account in accordance with paragraph (8) indicates that only persons under the age of 18 are registered at an address F7 ..., the registration officer must conduct the annual canvass in respect of that address in accordance with regulation 32ZBD.

(7) The information in this paragraph is—

(a) the results of the data comparison described in regulation 32ZBB, where disclosed to the registration officer by the [F8 Secretary of State for Levelling Up, Housing and Communities] in accordance with paragraph (6) of that regulation; and

(b) any information which the registration officer may hold following the determination of an application under section 10ZC(1) or 10ZD(1) of the 1983 Act in respect of a person—

(i) whose name has not yet been published in a notice of alteration under section 13A(2) of that Act; or

(ii) excluded from the data comparison described in regulation 32ZBB by virtue of paragraph (7) of that regulation.

(8) In determining whether either of the cases described in paragraphs (4) or (5) is made out, the registration officer may take into account any other information which the officer may hold in writing or in data form for the purposes of the officer’s registration duties F9 ..., or any information which that officer may inspect for those purposes.]]

Textual Amendments

F1 Regs. 32ZA-32ZI 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)(c), 22 (as amended by S.I. 2014/1250, regs. 1, 4)

F2 Regs. 32ZBA-32ZBG inserted (31.12.2019) by The Representation of the People (Annual Canvass) (Amendment) Regulations 2019 (S.I. 2019/1451), regs. 1(3), 18

F3 Words in reg. 32ZBA(1) omitted (27.4.2020) by virtue of The Representation of the People (Annual Canvass) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/113), regs. 1(2), 7(a)

F4 Words in reg. 32ZBA(2) omitted (27.4.2020) by virtue of The Representation of the People (Annual Canvass) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/113), regs. 1(2), 7(a)

F5 Words in reg. 32ZBA(4) omitted (27.4.2020) by virtue of The Representation of the People (Annual Canvass) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/113), regs. 1(2), 7(a)

F6 Words in reg. 32ZBA(5)(b)(ii) inserted (27.4.2020) by The Representation of the People (Annual Canvass) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/113), regs. 1(2), 7(b)

F7 Words in reg. 32ZBA(6) omitted (27.4.2020) by virtue of The Representation of the People (Annual Canvass) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/113), regs. 1(2), 7(c)

F8 Words in reg. 32ZBA(7)(a) substituted (8.12.2021) by The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 1(2), Sch. 2 para. 29(8) (with art. 12)

F9 Words in reg. 32ZBA(8) omitted (27.4.2020) by virtue of The Representation of the People (Annual Canvass) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/113), regs. 1(2), 7(c)