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Representation of the People (Scotland) Regulations 2001, Section 87 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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87.—(1) In respect of any election, the returning officer shall keep [F2[F3four] separate lists relating to] rejected postal ballot papers.
(2) In the first list, he shall record the ballot paper number of any postal ballot paper for which no valid [F4postal voting statement] was received with it.
(3) In the second list, he shall record the ballot paper number of any postal ballot paper which is entered on a valid [F4postal voting statement] where that ballot paper is not received with the [F4postal voting statement].
[F5(4) In the third list, he shall record for every postal voting statement within the receptacle for rejected votes (verification procedure) immediately prior to sealing—
(a)the elector’s name and address (and the name of the address of the proxy if the elector has a proxy),
(b)the elector’s number on the register of electors (and that of the proxy if the elector has a proxy),
(c)the specified reason or reasons for the rejection of the postal voting statement, and
(d)any other information relating to the rejection that the returning officer considers appropriate, but not the ballot paper number.
(5) The specified reasons that may be given under paragraph (4)(c) for the rejection of a postal voting statement are as follows—
(a)the signature does not match the example held on the personal identifiers record,
(b)the date of birth does not match the one held on the personal identifiers record,
(c)the signature field is blank, or
(d)the date of birth field is blank.]
[F6(6) In the fourth list, the relevant officer must, subject to paragraph (9), record in relation to any elector whose postal voting documents were rejected in accordance with regulation 79B or 82B or were left behind postal voting documents—
(a)the elector’s name and address (and the name and address of the proxy if the elector has a proxy),
(b)the elector’s number on the register of electors (and that of the proxy if the elector has a proxy),
(c)the specified reason or reasons for the rejection of the postal voting documents,
(d)an indication as to whether the postal voting documents included a postal ballot paper the number of which matched the postal ballot paper number marked on the postal voting statement, and
(e)any other information relating to the rejection that the returning officer considers appropriate, but not the postal ballot paper number.
(7) The specified reasons that may be given under sub-paragraph (6)(c) for the rejection of the postal voting documents are—
(a)the postal voting documents were handed in at a polling station or to the returning officer but the return of postal voting documents form was not fully completed with the required information;
(b)the postal voting documents were handed in at a polling station or to the returning officer but the number of postal voting documents handed in exceeded or was suspected to exceed the permitted number;
(c)the postal voting documents were handed in by a political campaigner who was not permitted to hand in those postal voting documents;
(d)the postal voting documents were left behind postal voting documents.
(8) In compiling the fourth list the returning officer must open separately each covering envelope (including an envelope described in regulation 82(2)) and each ballot paper envelope.
(9) The obligation in paragraph (6) does not apply where an elector’s rejected postal voting documents do not include a postal voting statement.]
Textual Amendments
F1Words in reg. 87 heading substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 3(9)(a)
F2Words in reg. 87(1) substituted (6.4.2014) by The Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3206), regs. 1(3)(c), 35(1)
F3Word in reg. 87(1) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 3(9)(b)
F4Words in Regulations substituted (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), 54(a)
F5Reg. 87(4)(5) inserted (6.4.2014) by The Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3206), regs. 1(3)(c), 35(2)
F6Reg. 87(6)-(9) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 3(9)(c)
Modifications etc. (not altering text)
C1Reg. 87 applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 45
Commencement Information
I1Reg. 87 in force at 16.2.2001, see reg. 1(1)
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