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Representation of the People (Scotland) Regulations 2001, Section 32ZBC is up to date with all changes known to be in force on or before 18 August 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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32ZBC.—(1) Information disclosed under regulation 32ZBB may not be disclosed to any other person, except—
(a)so that it may be taken into account by a registration officer for the purposes of determining whether the annual canvass may be conducted otherwise than in accordance with regulation 32ZBD in respect of a register F3...;
(b)for the purpose of any civil or criminal proceedings.
(2) A person who discloses information in breach of paragraph (1) is guilty of an offence and liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or to both;
(b)on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine, or both.
(3) Any person who processes information under regulation 32ZBB must do so in accordance with any requirements as to the processing of information that may have been imposed by the [F4Secretary of State for Levelling Up, Housing and Communities], including requirements as to the transfer, storage, destruction and security of that information.
(4) Where a registration officer processes the results of the data matching for the purposes of determining whether the officer may conduct the annual canvass required by section 9D(1) of the 1983 Act otherwise than in accordance with regulation 32ZBD, the officer must do so in accordance with any requirements as to the processing of information that may have been imposed by the [F5Secretary of State for Levelling Up, Housing and Communities] in relation to the register of parliamentary electors.
(5) Where the [F6Secretary of State for Levelling Up, Housing and Communities] imposes requirements as to processing under paragraph (3) or (4), such requirements must be imposed before a registration officer is required to disclose that information under regulation 32ZBB.]]
Textual Amendments
F1Regs. 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)
F2Regs. 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
F3Words in reg. 32ZBC(1)(a) 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), 9
F4Words in reg. 32ZBC(3) 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(10) (with art. 12)
F5Words in reg. 32ZBC(4) 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(10) (with art. 12)
F6Words in reg. 32ZBC(5) 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(10) (with art. 12)
Modifications etc. (not altering text)
C1Regs. 32ZBB, 32ZBC: transfer of functions (8.12.2021) by The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), arts. 1(2), 7(3)(b) (with arts. 8, 11, 12)
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