The Representation of the People (Scotland) (Amendment) (No. 2) Regulations 2015

Amendments to the Representation of the People (Scotland) Regulations 2001

6.—(1) In regulation 29 (procedure for determining applications for registration and objections without a hearing) for paragraphs (2AA) to (2AE) substitute—

“(2AA) Where an application for registration has been made and that application is successful, the registration officer must give confirmation in writing to the applicant of that fact, before either—

(a) publication of the revised register to which the applicant will be added under section 13(1) of the 1983 Act; or

(b) issue of a notice of alteration under section 13A(2) of that Act specifying that the applicant’s name will be added to the register,

whichever is appropriate.

(2AB) Where confirmation is given under paragraph (2AA) in relation to an application for registration made in response to an invitation to register under section 9E(1) of the 1983 Act, the registration officer must give that confirmation either—

(a) by delivering it to the applicant, leaving it at the applicant’s address or sending it to the applicant’s address by post; or

(b) by electronic means.

(2AC) Where confirmation is given under paragraph (2AA) in relation to an application for registration made other than in response to an invitation to register under section 9E(1) of the 1983 Act—

(a) the registration officer must give confirmation by delivering it to the applicant, by leaving it at their address or by sending it to them by post; and

(b) the confirmation must give the registration officer’s contact details and must request that any person who receives that confirmation inform the registration officer if the applicant is not resident at the address in respect of which the application was made.

(2AD) A confirmation given under paragraph (2AA) must—

(a) contain the date on which the applicant’s name will be published in the revised register under section 13(1) or in a notice of alteration under section 13A(2) of the 1983 Act; and

(b) where—

(i) the registration officer has information that the applicant is registered in respect of a different address from the one in respect of which they have applied to be registered; and

(ii) in their application for registration, the applicant has identified that address as being an address at which they have ceased to reside in accordance with regulation 26(1)(c);

inform the applicant that their entry relating to that address will be removed from the register under section 10ZE(2) of the 1983 Act.

(2AE) In the case of an application to register in pursuance of a service declaration, or an overseas elector’s declaration, the address to be used for the purposes of paragraph (2AB)(a) or (2AC)(a) is the address the applicant has given under regulation 26(4)(a) or 26(5)(b), as appropriate.

(2AF) The Electoral Commission must—

(a) design the forms of confirmation to be used under paragraph (2AA);

(b) obtain the approval of the Chancellor of the Duchy of Lancaster to the forms; and

(c) then make them available to registration officers.”.

(2) The amendment made by paragraph (1) does not apply in respect of any application for registration made to the registration officer before the date on which these Regulations come into force.