Scottish Statutory Instruments
Representation Of The People
Made
1st April 2020
Coming into force
27th April 2020
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 9D(3) and (4), 53(1) and (3) and paragraphs 1(2), 1A, 1B, 3ZA, 3C, 10(1) and 13(1ZB) of schedule 2 of the Representation of the People Act 1983(1) (“the 1983 Act”) and section 15 of the Scottish Elections (Reduction of Voting Age) Act 2015(2) (“the 2015 Act”) and all other powers enabling them to do so.
In accordance with section 53(5) of the 1983 Act(3), section 7(1) and (2)(e) of the Political Parties, Elections and Referendums Act 2000(4) and section 15(5) of the 2015 Act, the Scottish Ministers have consulted the Electoral Commission. In accordance with section 53(5) of the 1983 Act, the Scottish Ministers have also consulted the Information Commissioner. In accordance with section 53(5) of the 1983 Act and section 15(5) of the 2015 Act, the Scottish Ministers have consulted such other persons as they considered appropriate.
In accordance with section 201(2) of the 1983 Act(5) and section 15(6) of the 2015 Act, a draft of these Regulations has been laid before and approved by resolution of the Scottish Parliament.
1983 c.2 (“the 1983 Act”). Section 9D was inserted by section 4 of the Electoral Registration and Administration Act 2013 (c.6) (“the 2013 Act”) and was relevantly amended by S.I. 2019/1451 and S.S.I. 2020/62. Section 53 was relevantly amended by paragraph 13(b) of schedule 1, and Part 1 of schedule 7, of the Representation of the People Act 2000 (c.2) (“the 2000 Act”). Section 201(3) was inserted by paragraph 21 of schedule 1 of the 2000 Act. Paragraph 1(2) of schedule 2 was amended by paragraph 24 of schedule 1 of the 2000 Act and paragraph 20 of schedule 4 of the 2013 Act. Paragraphs 1A, 1B and 3C of schedule 2 were inserted by paragraph 2 of schedule 2 of the 2013 Act. Paragraph 1A was relevantly amended by paragraph 18(2) of schedule 19 of the Data Protection Act 2018 (c.12). Paragraph 1B was amended by S.I. 2019/1451. Paragraph 3C was relevantly amended by S.I. 2019/1451 and S.S.I. 2020/62. Paragraph 13(1ZB) was inserted by paragraph 4 of schedule 2 of the 2013 Act. “Prescribed” in paragraph 13(1ZB) means, as defined in section 202(1) of the 1983 Act, prescribed by regulations. The functions of the Secretary of State were, insofar as within devolved competence, transferred to the Scottish Ministers by section 9 of the Scotland Act 2016 (c.11) and section 53 of the Scotland Act 1998 (c.46).
Section 53(5) was inserted by paragraph 5 of schedule 2 of the 2013 Act.
Section 201(2) was substituted by paragraph 69 of schedule 4 of the Representation of the People Act 1985 (c.50) and amended by article 5(b) of S.I. 1991/1728, paragraph 6(7)(b) of schedule 21 of the Political Parties, Elections and Referendums Act 2000 and section 13(2) of the Northern Ireland (Miscellaneous Provisions) Act 2014 (c.13).