The Absent Voting at Scottish Local Government Elections (Provision of Personal Identifiers) Regulations 2009

Explanatory Note

(This note is not part of the Regulations)

These regulations implement changes made by 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) to vote by post, by proxy, or by post as a proxy as an absent voter. The regulations set up procedures for an absent voter to provide “personal identifiers” consisting of a signature and date of birth.

These regulations deal with personal identifiers in relation to the registration of absent voters, whereas the Representation of People (Postal Voting for Local Government Elections) (Scotland) Amendment Regulations 2009 (S.S.I. 2009/) deal with the checking of personal identifiers in relation to the counting of postal votes.

The regulations are in 3 Parts. Part 1 relates to citation and commencement. Part 2 provides for the scheme for the collection of personal identifiers by the electoral registration officer, by making amendments to the Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007 (S.S.I. 2007/170). Part 3 makes transitional provision for the provision of personal identifiers by those voters who are registered as absent voters when the order comes into force.

Regulations 3 and 5 make amendments to ensure that the changes being made are limited to situations where the voter is applying to be, or is an absent voter only at local government elections. Applications to be an absent voter at the UK or Scottish parliamentary elections as well as local government elections are dealt with under the Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497) or the Scottish Parliament (Elections etc.) Order 2007 (S.I. 2007/937) as appropriate.

Regulation 7 deals with circumstances where a person is entitled to a waiver from the requirement to provide a signature. It also updates the requirements as to how an application for an absent voter must be presented, to take account of these requirements and to allow for electronic scanning on a consistent basis.

Regulation 8 specifies that the registration officer may satisfy himself or herself as to the authenticity of the personal identifiers provided by using other records that the officer is entitled to inspect. It also allows further enquiry where an exemption is sought from the obligation to provide a signature.

Regulation 9 provides that fresh signatures are to be required every five years from the date someone is recorded as a postal voter, proxy voter or postal proxy voter and for the procedures to regulate this.

Regulation 10 specifies that a registration officer must maintain an entry on the personal identifiers record for twelve months after the entry ceases to be effective, and enables a registration officer to disclose information held in the personal identifiers record to a candidate or agent.

Regulation 12 requires a registration officer to send a written notice to all existing absent voters whose records do not contain personal identifiers, requiring that they supply the required personal identifiers. An absent voter will have a period of six weeks within which to respond. Where no response is received within the first three weeks, the registration officer is required to send a copy of the notice to the absent voter.

Regulation 13 specifies the information that must be included in the notice sent to existing absent voters together with the information that must be included with the notice or copy of the notice. This includes details of how the personal identifiers will be used as provided for by the Representation of People (Postal Voting for Local Government Elections) (Scotland) Amendment Regulations 2009. It also includes details of the matters provided by regulations 14 and 15.

Regulation 14 requires the registration officer to determine whether an absent voter has failed or refused to provide the required personal identifiers. It also allows for an existing exemption from the requirement for a signature if the absent voter is disabled, unable to read or write, or unable to sign consistently for either of these reasons.

Regulation 15 specifies the consequences of a refusal or failure to provide the required personal identifiers. An existing absent voter will cease to be entitled to vote by post, by proxy or by post as proxy and the entry relating to the absent voter in the absent voting records must be removed. The registration officer is to provide information explaining the effect of the removal of the entry and reminding the voter of the ability to make a fresh application for an absent vote under Schedule 4 to the Representation of the People Act 2000 (c. 2) (which application will require to be accompanied by the personal identifiers).