The Representation of the People (Scotland) (Amendment) Regulations 2007

Amendments to procedure for determining applications for registration and objections without a hearing

9.—(1) Regulation 29 is amended as follows.

(2) In paragraph (1) for “and 31” substitute “to 31A”.

(3) For paragraph (2) substitute–

“(2) The registration officer must keep separate lists of–

(a) applications for registration, other than applications accompanied by an application for an anonymous entry;

(b) objections made before the person against whom the objection is made is entered in the register;

(c) objections made after the person against whom the objection is made is entered in the register.

(2A) On receipt of an application (other than an application accompanied by an application for an anonymous entry) the registration officer must enter the name of the applicant and the address claimed as his qualifying address in the list he keeps in pursuance of paragraph (2)(a).

(2B) On receipt of an objection made before the person against whom the objection is made is entered in the register, the registration officer must enter–

(a) in the list he keeps in pursuance of paragraph (2)(b), the name and qualifying address of the objector together with the particulars referred to in paragraph (2A); and

(b) in the list he keeps in pursuance of paragraph (2)(a), the particulars of the objection.

(2C) On receipt of any other objection, the registration officer must enter the name and qualifying address of the objector together with the particulars referred to in paragraph (2A) in the list he keeps in pursuance of paragraph (2)(c).”.

(4) At the beginning of paragraph (4) insert “Subject to paragraph (4A),”.

(5) In paragraph (4) for “five days of” substitute “the period of five days beginning with the day following”.

(6) After paragraph (4) insert–

“(4A) In the case of an application for registration accompanied by an application for an anonymous entry, the registration officer may allow the former application without a hearing at any time.”.

(7) In paragraph (5) omit the words from “or the objection” to “has expired”.

(8) After paragraph (5) insert–

“(5A) The registration officer may disallow an objection without a hearing if he is of the opinion that the objection is clearly without merit.

(5B) Where the registration officer disallows an objection under paragraph (5A), he must send to the objector a notice stating that the application has been disallowed on that basis and the grounds for his opinion.

(5C) An objector may require the objection to be heard by giving notice to the registration officer within three days from the date of the notice given under paragraph (5B).

(5D) A notification under paragraph (5C) is not to prevent the application to which the objection relates from being allowed.”.

(9) After paragraph (7) insert–

“(8) In this regulation, “qualifying address” includes the address specified in an overseas elector’s declaration in accordance with section 2(4)(b) or (c)(ii) of the 1985 Act(1).”.

(1)

1985 c. 50; section 2 was substituted by paragraph 3 of Schedule 2 to the Representation of the People Act 2000 (c. 2).