Representation of the People (Scotland) Regulations 2001

Grant or refusal of applications S

57.—(1) Where the registration officer grants an application to vote by post, he shall F1 ... notify the applicant of his decision.

[F2 (1A) Where a registration officer grants an application to vote by post at a parliamentary election, the notification under paragraph (1) must include—

(a) where the postal vote entitlement is for a particular election, the date of the poll for which the elector’s entitlement to vote by post has been granted;

(b) otherwise, the date on which the elector’s entitlement to vote by post ends.]

(2) Where the registration officer grants an application for the appointment of a proxy, he shall, where practicable, confirm in writing to the elector that the proxy has been appointed, his name and address, and the duration of the appointment.

[F3 (2A) Paragraph (2B) applies where—

(a) a registration officer grants an application to vote by proxy made under paragraph 3(2) of Schedule 4 by an elector who is registered in pursuance of an overseas elector’s declaration, and

(b) the resulting period for which that elector is entitled to vote by proxy ends after the 1st November on which the elector’s registration will end in accordance with section 1D(1)(a) or (3)(a) of the 1985 Act.

(2B) Where this paragraph applies, the confirmation under paragraph (2) must include an explanation that a fresh signature will be required from the elector prior to the 1st November described in paragraph (2A)(b), in order for the elector’s entitlement to continue after that date.]

(3) The form of the proxy paper F4 ... in Form E is hereby prescribed for the purposes of paragraph 6(9) of Schedule 4 [F5 in respect of the appointment of a proxy for the purpose of voting at a local government election or local government elections].

[F6 (3A)  The form of proxy paper in Form E1 is prescribed for the purposes of paragraph 6(9) of Schedule 4 in respect of the appointment of a proxy for the purpose of voting at a parliamentary election, or at parliamentary elections.]

(4) Where the registration officer refuses an application under Schedule 4, he shall notify the applicant of his decision and of the reason for it.

[F7 (4A) Where the registration officer grants an application made under–

(a) paragraph 4(3)(a) of Schedule 4 by a person shown as voting by post in the record kept under paragraph 3(4) of that Schedule; or

(b) paragraph 7(7) of that Schedule by a person shown as voting by post in the record kept under paragraph 7(6) of that Schedule,

he shall notify the applicant of this.

(4B) Where a person is removed from the record kept pursuant to paragraph 3(4) [F8 or 7(6)] of Schedule 4, the registration officer shall [F9 where practicable] notify him of this and the reason for it.

(4C) Where the appointment of a proxy is cancelled by the elector or otherwise ceases to be in force, the registration officer shall [F10 where practicable] notify the elector that the appointment has been cancelled or, as the case may be, notify him that the appointment has ceased and the reason for it.]

(5) Where, under regulation 56 above, a registration officer disregards an application for the purposes of any particular parliamentary or local government election, he shall F11 ... notify the applicant of this.

(6) At a parliamentary election where the registration officer is not the returning officer for any constituency or part of a constituency in the area for which he is the registration officer, he shall send to that officer details of any application to vote by post which he has granted as soon as practicable after doing so.

[F12 (6A)  Paragraphs (6B) to (6D) apply where—

(a) an application under Schedule 4 relates to voting at a parliamentary election, and

(b) either—

(i) paragraph (2) of regulation 51AA applies to that application, or would have applied if paragraph (3) of that regulation were ignored, or

(ii) paragraph (1) of regulation 51B applies to that application, or would have applied if paragraph (1A) of that regulation were ignored.

(6B) A notification under paragraph (1) or (4A) to one of the following types of applicants must also include a statement that ballot papers will be sent to the postal ballot delivery address—

(a) an applicant registered in pursuance of an overseas elector’s declaration;

(b) an applicant registered in pursuance of a service declaration;

(c) an applicant registered in pursuance of a declaration of local connection (within the meaning of section 7B of the 1983 Act);

(d) an applicant who is a merchant seaman (within the meaning of section 6 of the 1983 Act);

(e) an applicant who has an anonymous entry.

(6C) Where sub-paragraphs (a) to (e) of paragraph (6B) do not apply to the applicant, the registration officer must, in addition to notifying the applicant in accordance with paragraphs (1), (4), (4A) or (5), notify the applicant in writing that—

(a) the application has been granted, refused or disregarded, and

(b) where the application has been granted, ballot papers will be sent to the postal ballot delivery address.

(6D) A notification under paragraph (6C) must be delivered to—

(a) where paragraph (6A)(b)(ii) applies and the notification is to be delivered to a person shown as voting by post in the record kept under paragraph 7(6) of Schedule 4, the address shown in that record;

(b) otherwise—

(i) the address stated in the application in accordance with regulation 51(2)(b), or

(ii) the proxy’s address stated in the application in accordance with regulation 51(2)(c).

(6E) In paragraphs (6B) and (6C), the “postal ballot delivery address” means—

(a) where paragraph (6A)(b)(i) applies, the address stated in the application in accordance with regulation 51(2)(d);

(b) where paragraph (6A)(b)(ii) applies, the different address described in regulation 51B(1).]

F13 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in reg. 57(1) omitted (23.3.2006) by virtue of The Representation of the People (Scotland) (Amendment) Regulations 2006 (S.I. 2006/834), regs. 1(1), 7(2)

F2 Reg. 57(1A) inserted (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 10(9)(a)

F3 Reg. 57(2A)(2B) inserted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 11(3) (with Sch. 2 para. 3(1)(3))

F4 Words in reg. 57(3) revoked (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 2 (as amended by S.I. 2019/1389, regs. 1, 2(2))

F5 Words in reg. 57(3) inserted (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 10(9)(b)

F6 Reg. 57(3A) inserted (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 10(9)(c)

F7 Reg. 57(4A)-(4C) inserted (23.3.2006) by The Representation of the People (Scotland) (Amendment) Regulations 2006 (S.I. 2006/834), regs. 1(1), 7(3)

F8 Words in reg. 57(4B) inserted (with effect in accordance with reg. 1(2)(3)(c) of the amending S.I.) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 50(2)(a)

F9 Words in reg. 57(4B) inserted (with effect in accordance with reg. 1(2)(3)(c) of the amending S.I.) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 50(2)(b)

F10 Words in reg. 57(4C) inserted (with effect in accordance with reg. 1(2)(3)(c) of the amending S.I.) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 50(3)

F11 Words in reg. 57(5) omitted (23.3.2006) by virtue of The Representation of the People (Scotland) (Amendment) Regulations 2006 (S.I. 2006/834), regs. 1(1), 7(2)

F12 Reg. 57(6A)-(6E) inserted (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 10(9)(d)

F13 Reg. 57(7) omitted (with effect in accordance with reg. 1(2)(3)(c) of the amending S.I.) by virtue of The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 50(4)

Modifications etc. (not altering text)

C1 Reg. 57 modified (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 13

C2 Reg. 57(4) applied (8.2.2008) by The Absent Voting (Transitional Provisions) (Scotland) Regulations 2008 (S.I. 2008/48), regs. 1(1), 5(2)(b)

Commencement Information

I1 Reg. 57 in force at 16.2.2001, see reg. 1(1)