Representation of the People (Scotland) Regulations 2001

1. Introductory Text

2. PART I GENERAL, INTERPRETATION AND MISCELLANEOUS

   1. 1. Citation, commencement and extent

   2. 2. Revocations

   3. 3. Interpretation

   4. 4. Forms

   5. 5. Communication of applications, notices etc.

   6. 6. Electronic signatures and related certificates

   7. 7. Copies of documents

   8. 8. Time

   9. 9. Official poll cards and postal poll cards at parliamentary elections

   10. 10. Return and declaration of election expenses

   11. 11. Interference with notices etc.

   12. 12. Device referred to in rule 29(3A)(b) of parliamentary elections rules

   13. 13. Registration of European Parliamentary overseas electors

3. PART II SERVICE AND OVERSEAS ELECTORS' DECLARATIONS

   1. Service declarations

      1. 14. Qualification for Crown servant

      2. 15. Contents of service declaration

      3. 15A. Contents of service declaration: declarant with a service qualification under section 14(1A) of the 1983 Act

      4. 16. Transmission of service declaration

      5. 17. Notification by registration officer in respect of service declarations

   2. Overseas electors' declarations

      1. 18. Contents of overseas elector’s declaration

      2. 19. Certain declarants to supply copy of birth certificates

      3. 20. Attestation of certain overseas electors' declarations

      4. 21. Transmission of overseas elector’s declaration

      5. 22. Notification about registration as overseas elector

   3. Overseas electors: reminders and renewal declarations

      1. 22A. Reminders to electors registered pursuant to an overseas elector’s declaration

      2. 22B. Renewal declarations

      3. 22C. Transmission of renewal declaration

      4. 22D. Notification about continued registration as overseas elector following renewal declaration

4. PART III REGISTRATION

   1. INFORMATION ABOUT ELECTORS

      1. 23. Power to require information

      2. 24. Evidence as to age and nationality

      3. 25. Reminders to electors registered pursuant to a service declaration or declaration of local connection

      4. 25ZA. Reminders to overseas electors who have an anonymous entry

      5. 25A. Reminders to other persons who have an anonymous entry

      6. 26. Applications for registration

      7. 26A. Application for alteration of register in respect of name under section 10ZD

      8. 26B. Power to request additional evidence where certain information is unavailable or where the registration officer considers it necessary

      9. 26C. Overseas electors: power to request additional evidence where applicant under 18 when last resident in the United Kingdom

      10. 26D. Overseas elector: power to request additional evidence of previous residence

      11. 26E. Overseas electors: power to request attestation as to applicant’s previous residence at relevant address

      12. 26F. Overseas electors: power to request additional evidence as to applicant’s previous registration in pursuance of a service declaration or overseas elector’s declaration or as a merchant seaman

      13. 26G. Overseas electors: power to require additional evidence as to declaration of local connection

      14. 26H. Overseas electors: power to require attestation as to applicant’s connection to relevant address

      15. 26I. Overseas electors: supplemental provision as to attestations and the meaning of “qualifying attestor”

      16. 26J. Overseas electors: power to require additional evidence as to change of name

      17. 27. Objections to registration

      18. 28. Inspection of applications and objections

   2. Determination of applications and objections

      1. 29ZA. Verification of information provided in an application

      2. 29ZAA. Verification of information provided in an application made pursuant to an overseas elector’s declaration

      3. 29ZAB. Additional verification of information provided in an application made pursuant to an overseas elector’s declaration

      4. 29ZB. Processing of information provided in connection with an application under section 10ZC or 10ZD

      5. 29. Procedure for determining applications for registration and objections without a hearing

      6. 30. Notice of hearing

      7. 31. Hearing of applications and objections

      8. 31A. Objections relating to applications that have been allowed, but before alterations to register have taken effect

      9. 31B. Other determinations by registration officer of entitlement to registration

      10. 31C. Summary procedure for determining in specified circumstances person has ceased to satisfy conditions for registration

      11. 31D. Procedure for reviewing entitlement to registration

      12. 31E. List of reviews

      13. 31F. Hearings of reviews

      14. 31FZA. Notification of outcome of reviews

      15. 31FA. Determinations of entitlement to remain registered during the annual canvass

      16. 31G. Anonymous registration: applications and declarations

      17. 31H. Anonymous registration: determination of applications by registration officer

      18. 31I. Anonymous registration: evidence consisting of relevant court orders or injunctions

      19. 31J. Anonymous registration: evidence by attestation

      20. 32. Registration appeals

      21. 32ZA. Annual canvass: register of local government electors

      22. 32ZB. Steps to be taken by a registration officer where no information in response to an annual canvass form is received in respect of a particular address

      23. 32ZBA. Annual canvass

      24. 32ZBB. Annual canvass data matching

      25. 32ZBC. Processing of information in connection with annual canvass data matching

      26. 32ZBD. Annual canvass for properties where it may be necessary to make any addition to, or deletion from, an electoral register and steps to be taken where no response is received

      27. 32ZBE. Annual canvass for properties where the registration officer is satisfied that it is not necessary to make any deletion from an electoral register and has no reason to believe that any additions to an electoral register may be required

      28. 32ZBF. Annual canvass in respect of particular types of property

      29. 32ZBG. Electoral Commission requirements

      30. 32ZC. Invitations to apply for registration

      31. 32ZD. Steps to be taken by a registration officer to encourage a person to make an application for registration in response to an invitation to do so

      32. 32ZE. Requiring a person to make an application for registration

      33. 32ZF. Notice of Civil Penalty

      34. 32ZG. Payment, enforcement and cancellation of civil penalty

      35. 32ZH. Review of registration officer’s decision to impose a civil penalty

      36. 32ZI. Appeals to the First-tier Tribunal against a notice of civil penalty

      37. 32A. Representations regarding clerical errors

      38. 33. Circumstances when the power in section 10A(5)(b) of the 1983 Act applies

      39. 34. Retaining entries in register

      40. 35. Registration officer’s right to inspect certain records

      41. 35A. Disclosure of certain local authorities’ records

      42. 36. Notices in connection with registration

      43. 36A. Communication of notices made on polling day

      44. 37. Notice by registration officer of a change of address

   3. The register

      1. 38. Separate part of register for each parliamentary polling district

      2. 39. Different letter, number or combination of letter and number for each parliamentary polling district

      3. 40. Qualifying addresses which are not included in the register

      4. 41. Order of names

      5. 41A. Anonymous entries

      6. 42. Marking of names

      7. 43. Publication of register

      8. 44. Information about register

      9. 45. Preparation and publication of list of overseas electors

      10. 45A. Record of anonymous entries

      11. 45B. Duties of registration officer and his staff in relation to record of anonymous entries

      12. 45C. Supply of record of anonymous entries to returning and counting officers

      13. 45D. Supply of record of anonymous entries to the security services

      14. 45E. Supply of the record of anonymous entries to police forces and other organisations

      15. 45F. Certificate of anonymous registration

      16. 45G. Certificate of anonymous registration prescribed for purposes of paragraph 10(2) of Schedule 2A

      17. 46. Supply of free copies of register and list of overseas electors otherwise than on request

      18. 47. Supply of free copies of register and list of overseas electors on request

      19. 48. Sale of register and list of overseas electors

      20. 49. Supply of register and list of overseas electors in data form

5. PART IV ABSENT VOTERS

   1. 50. Interpretation of Part IV

   2. 50A. Disapplication of Part IV

   3. 51. General requirements for applications for an absent vote

   4. 51A. Additional provision concerning the requirement that an application for an absent vote must be signed by the applicant

   5. 51AA. Additional requirement for applications for ballot papers to be sent to different address from that stated in application

   6. 51B. Additional requirements for applications for ballot papers to be sent to different address from that shown in the record kept under paragraph 3(4) or 7(6) of Schedule 4

   7. 52. Additional requirements for applications for the appointment of a proxy

   8. 53. Additional requirements for applications for a proxy vote for a particular or indefinite period on grounds of blindness or any other disability

   9. 54. Additional requirements for applications for a proxy vote for a particular or indefinite period based on occupation, service, employment or attendance on a course

   10. 55. Additional requirements for applications for a proxy vote in respect of a particular election

   11. 55A. Additional requirements for application for an emergency proxy vote in respect of a particular election : grounds relating to occupation, service or employment

   12. 55B. Additional requirements for application for an emergency proxy vote in respect of a particular parliamentary election: grounds relating to voter identification

   13. 56. Closing date for applications

   14. 56A. Grounds relating to voter identification

   15. 56B. Verification of information provided in a relevant absent voting application

   16. 56C. Power to request additional evidence in relation to relevant absent voting applications where registration officer considers it necessary

   17. 56D. Processing of information provided in connection with a relevant absent voting application

   18. 57. Grant or refusal of applications

   19. 58. Notice of appeal

   20. 59. Cancellation of proxy appointment

   21. 60. Inquiries by registration officer

   22. 60ZA. Requirement to notify certain electors and proxies that postal vote entitlement is to end

   23. 60A. Requirement to provide fresh signatures at ... intervals

   24. 60B. Requirement to provide fresh signatures following rejection of a postal voting statement

   25. 61. Records and lists kept under Schedule 4

   26. 61A. Conditions on the use, supply and inspection of absent voter records or lists

   27. 61B. The personal identifiers record

   28. 61C. Notification of a rejected postal voting document

   29. 62. Marked register for polling stations

   30. 63. Certificate of employment at a parliamentary election

   31. 63A. Corresponding number lists

6. PART V ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS

   1. 64. Interpretation of Part V

   2. Issue of postal ballot papers

      1. 65. Combination of polls

      2. 66. Form of postal voting statement

      3. 67. Persons entitled to be present at proceedings on issue of postal ballot papers

      4. 68. Persons entitled to be present at proceedings on receipt of postal ballot papers

      5. 69. Agents of candidates who may attend proceedings on receipt of postal ballot papers

      6. 70. Notification of requirement of secrecy

      7. 71. Time when postal ballot papers are to be issued

      8. 72. Procedure on issue of postal ballot paper

      9. 73. Refusal to issue postal ballot paper

      10. 74. Envelopes

      11. 75. Sealing up of completed corresponding number lists and security of special lists

      12. 76. Delivery of postal ballot papers

      13. 77. Spoilt postal ballot papers

      14. 78. Lost postal ballot papers

      15. 78A. Cancellation of postal ballot papers

   3. Receipt of postal ballot papers

      1. 79. Alternative means of returning postal ballot paper or postal voting statement

      2. 79A. Requirements of return of postal voting documents form

      3. 79B. Rejection of postal voting documents handed in at a polling station

      4. 79C. Procedure for dealing with rejected postal voting documents handed in at a polling station

      5. 79D. Postal voting documents left behind at a polling station

      6. 80. Notice of opening of postal ballot paper envelopes

      7. 81. Postal ballot boxes and receptacles

      8. 82. Receipt of covering envelope

      9. 82A. Postal voting documents handed in to the returning officer

      10. 82B. Rejection of postal voting documents handed in to the returning officer

      11. 82C. Procedure for dealing with rejected postal voting documents handed in to the returning officer

      12. 82D. Postal voting documents left behind with the returning officer

      13. 82E. Opening of delivered or collected packets of postal voting documents

      14. 83. Opening of postal voters' ballot box

      15. 84. Opening of covering envelopes

      16. 84A. Confirming receipt of postal vote and postal voting statements

      17. 85. Procedure in relation to postal voting statements

      18. 85A. Procedure in relation to postal voting statements: personal identifier verification

      19. 85B. Postal voting statements: additional personal identifier verification

      20. 86. Opening of ballot paper envelopes

      21. 86A. Retrieval of cancelled postal ballot papers

      22. 87. Lists of rejected postal voting documents

      23. 88. Checking of lists kept under regulation 87

      24. 89. Sealing of receptacles

      25. 90. Abandoned poll

      26. 91. Retention of documents

      27. 91A. Forwarding of documents

7. PART 6 SUPPLY OF REGISTER ETC

   1. Interpretation and edited register

      1. 92. Interpretation of Part VI etc

      2. 93. Edited version of register

      3. 93A. Notifying registration officer of change to edited register preference

   2. General restrictions

      1. 94. Restrictions on supply of full register and disclosure of information from it by the registration officer and his staff

      2. 95. Restriction on use of the full register, or of information contained in it, supplied in accordance with enactments or obtained otherwise

   3. Supply on publication and specific restrictions

      1. 96. Supply of free copy of full register to the National Library of Scotland and the British Library and restrictions on use

      2. 97. Supply of free copy of full register for electoral purposes and restrictions on use

      3. 97A. Supply of free copy of full register for elections of members of National Park authorities and restrictions on use

      4. 98. Supply of free copy of full register etc to Statistics Board and restrictions on use

      5. 99. Supply of free copy of full register etc to Electoral Commission and restrictions on use

      6. 100. Supply of free copy of full register etc to certain Commissions and restrictions on use

   4. Supply on request and specific restrictions

      1. 101. Supply of full register etc. under regulations 102 to 108: general provisions

      2. 102. Supply of full register etc. to elected representatives for electoral purposes and restrictions on use

      3. 103. Supply of full register to holders of relevant elective offices and candidates

      4. 104. Supply of full register etc. to local constituency parties and restrictions on use

      5. 105. Supply of full register etc. to registered political parties etc. and restrictions on use

      6. 106. Supply of full register etc. to certain councils and restrictions on use

      7. 107. Supply of full register etc, to certain candidates and restrictions on use

      8. 107A. Supply of full register etc to the security services

      9. 108. Supply of full register etc to police forces and other agencies, and restrictions on use

      10. 108A. Supply of full register to statutory library authorities and local authority archives services, and restrictions on use

   5. Sale of edited and full registers and specified restrictions

      1. 109. Sale of edited register

      2. 110. Sale of full register etc: restrictions on supply, charges, etc

      3. 111. Sale of full register etc: general provisions

      4. 112. Sale of full register to government departments and other bodies

      5. 113. Sale of full register to credit reference agencies

      6. 114. Supply of register to processor

   6. Offences

      1. 115. Offences in respect of contravention of Parts III, IV and VI

8. PART 7 ACCESS TO MARKED REGISTERS AND OTHER DOCUMENTS OPEN TO PUBLIC INSPECTION AFTER AN ELECTION

   1. 116. Interpretation of Part VII

   2. 117. Supply of marked registers and lists after an election

   3. 118. Inspection of documents open to public inspection

   4. 119. Conditions on the use, supply and disclosure of documents open to public inspection

   5. 120. Calculating the fee for supply of marked registers or lists

9. Signature

10. 1. SCHEDULE 1

       ENABLING POWERS

    2. SCHEDULE 2

       REVOCATIONS

    3. SCHEDULE 3

       FORMS

       1. ARRANGEMENT OF FORMS

          1. Form A:

          2. Form A1 Official postal poll card to be sent to an elector voting by post

          3. Form B:

          4. Form B1 Official proxy postal poll card to be sent to an appointed proxy voting by post

          5. Form C: RETURN OF EXPENSES REQUIRED BY SECTION 75 OF THE 1983 ACT

          6. Form D: DECLARATION AS TO EXPENSES REQUIRED BY SECTION 75 OF THE 1983 ACT

          7. Form E: PROXY PAPER

          8. Form E1: PROXY PAPER (parliamentary elections)

          9. Form F: CERTIFICATE OF EMPLOYMENT

          10. Form G: Postal voting statement for use at a parliamentary election taken alone

          11. Form H: Form of postal voting statement

          12. Form J: postal voting statement for use when a parliamentary poll is combined with another poll but the postal ballots are not combined

          13. Form K: Statement as to postal ballot papers

          14. Form L1

          15. Form L2

          16. Form M1

          17. Form M2

    4. SCHEDULE 4

       APPLICATION WITH MODIFICATIONS OF PROVISIONS OF THE 1983 AND 1985 ACTS FOR REGISTRATION OF EUROPEAN PARLIAMENTARY OVERSEAS ELECTORS

    5. SCHEDULE 4A

11. Explanatory Note