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Representation of the People (Scotland) Regulations 2001, Section 40 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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40.—(1) Section 9(2)(b) of the 1983 Act(1) (which requires each register of parliamentary or local government electors to contain the qualifying addresses of the persons registered in it) does not apply to an address–
(a)to which paragraph (2) or (3) below applies, or
(b)which is specified in an overseas elector’s declaration in accordance with [F1section 1C(2)(a)(i), (3)(a)(i) or (4)] of the 1985 Act(2).
(2) This paragraph applies to an address where it appears to the registration officer that–
(a)a service voter in his service declaration, or
(b)a person who has made a declaration of local connection,
has given that address in such a declaration as an address–
(i)at which he has resided, but
(ii)which is not an address at which he is or would be residing but for the circumstances entitling him to make such a declaration.
(3) This paragraph applies to an address given in a declaration of local connection in accordance with section 7B(4)(b) of the 1983 Act(3).
Textual Amendments
F1Words in reg. 40(1)(b) substituted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 10(18) (with Sch. 2 para. 2(d))
Commencement Information
I1Reg. 40 in force at 16.2.2001, see reg. 1(1)
Section 9 was substituted by Schedule 1 to the 2000 Act.
Section 2 was substituted by Schedule 2 to the 2000 Act.
Section 7B was inserted by section 6 of the 2000 Act.
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