Representation of the People (Scotland) Regulations 2001

[F1 Requirement to provide fresh signatures at F2 ... intervals S

60A.— [F3 (A1)  This regulation does not apply to an elector or proxy so far as that elector or proxy remains entitled to vote by post at a parliamentary election.]

(1) [F4 Subject to paragraphs (1A) and (1C), the] registration officer shall every year by 31st January send every person who remains an absent voter and whose signature held on the personal identifiers record is more than five years old a notice in writing–

(a) requiring him to provide a fresh signature, and

(b) informing him of the date (six weeks from the date of sending the notice) on which he would cease to be entitled to vote by post or by proxy in the event of a failure or refusal to provide a fresh signature.

[F5 (1A) Paragraph (1B) applies instead of paragraph (1) in respect of a person who—

(a) is registered in pursuance of an overseas elector’s declaration, and

(b) remains entitled to vote by proxy.

(1B) Subject to paragraph (1C), the registration officer must, during the signature refresh period, send every person to whom this paragraph applies a notice in writing—

(a) requiring the person to provide a fresh signature, and

(b) informing the person that, in the event of a failure or refusal to provide a fresh signature before the end of the signature refresh period, the person would cease to be entitled to vote by proxy at the end of that period.

(1C) Paragraphs (1) and (1B) do not apply in respect of a person to whom paragraph (1A) applies whose current signature on the personal identifiers record was added to that record during the signature refresh period.

(1D) In paragraphs (1B) and (1C), the “signature refresh period” means the period—

(a) beginning with the 1st July immediately before the date in sub-paragraph (b), and

(b) ending with the 1st November on which the person’s registration will end in accordance with section 1D(1)(a) or (3)(a) of the 1985 Act.]

(2) [F6 A notice under paragraph (1) or (1B) (“the notice”)] must be sent by the registration officer to the current or last known address of the absent voter.

(3) The registration officer must, if the absent voter has not responded to the notice within three weeks from the date on which the notice was sent, as soon as practicable send a copy of the notice to him.

(4) Where a notice or copy of a notice is sent by post, the registration officer may use–

(a) a universal postal service provider; or

(b) a commercial delivery firm,

and postage shall be prepaid.

(5) A notice or copy of a notice sent to an absent voter F7 ... must be accompanied by a pre-addressed reply envelope and, in the case of any notice or copy of a notice sent to an address in the United Kingdom, return postage must be prepaid.

(6) The registration officer must, no later than the date specified in the notice sent to the absent voter F8 ..., determine whether the absent voter has failed or refused to provide a fresh signature.

(7) Where the registration officer determines that the absent voter has failed or refused to provide a fresh signature, he must from the date specified in the notice sent to the absent voter F9 ... remove that person’s entry from the records kept pursuant to paragraph 3(4) or 7(6) of Schedule 4 and from the postal voters list, list of proxies or proxy postal voters list (as the case may be) kept under paragraph 5(2), 5(3) or 7(8) of that Schedule.

(8) Where a registration officer removes an absent voter’s entry in the circumstances to which paragraph (7) refers–

(a) the registration officer shall inform the absent voter of the location of the polling station to which he has been allotted or is likely to be allotted under the appropriate rules (as defined in paragraph 1 of Schedule 4) unless that voter is not likely to be allotted to a polling station;

(b) regulation 57(4) and regulation 58 shall apply as if the registration officer were refusing an application under Schedule 4; and

(c) in the case of an entry removed from the proxy postal voters list, the registration officer must also notify the elector who appointed the proxy whose entry has been removed.

(9) The registration officer shall include in the notice to be sent to an absent voter regarding his removal from the records kept pursuant to paragraph 3(4) or 7(6) of Schedule 4 and from the postal voters list, list of proxies or proxy postal voters list (as the case may be) kept under paragraph 5(2), 5(3) or 7(8) of that Schedule, information–

(a) explaining the effect of such removal; and

(b) reminding the absent voter that he may make a fresh application under Schedule 4 to vote by post or by proxy (as the case may be).]

Textual Amendments

F1 Reg. 60A inserted (8.2.2008) by The Representation of the People (Scotland) (Amendment) Regulations 2008 (S.I. 2008/305), regs. 1(1), 5

F2 Words in reg. 60A heading omitted (16.1.2024) by virtue of The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 11(4)(a) (with Sch. 2 para. 3(1)(4))

F3 Reg. 60A(A1) 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(11)

F4 Words in reg. 60A(1) substituted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 11(4)(b) (with Sch. 2 para. 3(1)(4))

F5 Reg. 60A(1A)-(1D) inserted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 11(4)(c) (with Sch. 2 para. 3(1)(4))

F6 Words in reg. 60A(2) substituted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 11(4)(d) (with Sch. 2 para. 3(1)(4))

F7 Words in reg. 60A(5) omitted (16.1.2024) by virtue of The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 11(4)(e) (with Sch. 2 para. 3(1)(4))

F8 Words in reg. 60A(6) omitted (16.1.2024) by virtue of The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 11(4)(f) (with Sch. 2 para. 3(1)(4))

F9 Words in reg. 60A(7) omitted (16.1.2024) by virtue of The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 11(4)(f) (with Sch. 2 para. 3(1)(4))

Modifications etc. (not altering text)

C1 Reg. 60A modified (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 15