The Representation of the People (Postal Voting for Local Government Elections) (Scotland) Amendment Regulations 2009

Explanatory Note

(This note is not part of the Regulations)

These Regulations make changes to give effect to sections 21 to 24 of the Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14) which provide for enhanced anti-fraud measures when a person applies (under Schedule 4 to the Representation of the People Act 2000 (c. 2)) to vote by post, by proxy, or by post as a proxy as an absent voter. These Regulations deal with the checking of personal identifiers in relation to the counting of postal votes.

Regulations 4 to 9 do this by amending the Representation of the People (Postal Voting for Local Government Elections) (Scotland) Regulations 2007 (“the 2007 Regulations”). Regulation 1(2) provides that the unamended 2007 Regulations will apply to any local government election held on or before 3rd June 2009.

Regulations 4 and 8 amend regulations 19 and 29 of the 2007 Regulations to make provision for two additional receptacles that are required in consequence of the new procedures as introduced by regulation 7.

Regulation 5 amends regulation 22 of the 2007 Regulations to provide that following receipt of postal ballot papers at least a fifth of the returned postal votes must be set aside for personal identifier checks.

Regulation 7 inserts new regulations 24A and 24B into the 2007 Regulations, to specify the procedure for verifying the personal identifiers provided in postal voting statements.

Regulation 9 amends the Schedule to the 2007 Regulations by substituting a new form for the collection of relevant statistics on postal ballot papers. The new form is designed to collect information relating to the verification procedures in connection with personal identifiers.