The Representation of the People (Post-Local Government Elections Supply and Inspection of Documents) (Scotland) Regulations 2007

Supply of marked registers and lists after an election S

3.—(1) The supply by the proper officer of the Council of a copy of the marked copies of the register or any of the lists referred to in section 5(3) of the 2006 Act shall be made following–

(a) receipt by the proper officer of a request in writing which shall–

(i) specify whether the request is for the marked register or a list (or the relevant part of the register or a list) and, in the case of a list, which list (or part) is requested;

(ii) state whether a printed copy of the marked register or list or a copy in data form is requested; and

(iii) state the purposes for which the copy of the marked register or list will be used and explain why the supply or purchase of a copy of the full register or unmarked lists would not be sufficient to achieve that purpose;

(b) the proper officer being satisfied that the person making the request needs to see the marks on the marked register or list requested in order to achieve the purposes stated in accordance with sub paragraph (a)(iii);

(c) receipt by the proper officer of a fee calculated in accordance with regulation 6.

(2) If the proper officer of the Council is not satisfied in accordance with paragraph (1)(b) the officer may treat the request for a marked register or list as a request for information in unmarked lists under regulation 16 (records and lists kept under Schedule 4) of the Absent Voting Regulations or for the published copy of the full register in accordance with regulation 101 (supply of full register etc. under regulations 102 to 108: general provisions)(1) of the 2001 Regulations, or both.

(3) A person who obtains a copy of any part of a marked register or list following a request made in accordance with this regulation may use the copy or any information contained in the copy–

(a) for the permitted purposes specified in paragraph (2) of regulation 5; and

(b) subject to the conditions which would apply to the use of the full register under whichever of regulations 102 (supply of full register etc. to elected representatives for elector purposes and restrictions on use), 105 (supply of full register etc. to registered political parties etc. and restrictions on use) or 107 (supply of full register etc. to certain candidates and restrictions on use) of the 2001 Regulations apply to that person in relation to the full register.

(4) The permitted purposes and conditions referred to in paragraph (3) apply to a person to whom a copy of the marked register or lists, or any information contained in either of them (that is not contained in the edited register), has been supplied or disclosed as they apply to the person who obtained the copy or, as the case may be, information from the proper officer of the Council.

(5) Any person who has obtained or is entitled to obtain a copy of the marked register or lists under this regulation may–

(a) supply a copy of the marked register or lists to a processor for the purpose of processing the information contained therein, or

(b) procure that a processor processes and supplies to them any copy of the information in the marked register or lists which the processor has obtained under this regulation,

for use in respect of the purposes for which that person is entitled to obtain such copy or information (as the case may be).

Commencement Information

I1 Reg. 3 in force at 2.5.2007, see reg. 1(2)

(1)

Regulation 101 was inserted by S.I. 2002/1872.