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Version Superseded: 27/01/2020
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There are currently no known outstanding effects for the The Representation of the People Act 1983 Remedial (Scotland) Order 2019 (revoked), Section 5.
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5.—(1) This article applies to a convicted person to whom article 4(1) applies.
(2) In determining whether the convicted person is resident in a dwelling on the relevant date for the purpose of section 4(3)(a) of the 1983 Act M1 (entitlement to be registered in the register of parliamentary and local government electors: residence requirement), the convicted person's residence is not to be taken to have been interrupted by reason of the convicted person's detention in a penal institution if—
(a)the convicted person—
(i)intends to resume actual residence when released from the penal institution (other than on temporary release), and
(ii)will not be prevented from doing so by an order of any court, or
(b)the dwelling serves as a permanent place of residence (whether for the convicted person alone or with other persons) and the convicted person would be in actual residence there but for the convicted person's detention.
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