The Representation of the People (Scotland) Amendment Regulations 2020

Made16th June 2020

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 9E(2), 53(1)(b)(i) and (c) and (3) and paragraphs 1(2) and (2A), 1B, 3ZA and 3C(2) of schedule 2 of the Representation of the People Act 19831 and all other powers enabling them to do so.

In accordance with section 7(1) and (2)(e) of the Political Parties, Elections and Referendums Act 20002, the Scottish Ministers have consulted the Electoral Commission.

In accordance with section 201(2) of the Representation of the People Act 19833, a draft of these Regulations has been laid before and approved by resolution of the Scottish Parliament.

Citation, commencement and extent1

1

These Regulations may be cited as the Representation of the People (Scotland) Amendment Regulations 2020.

2

This regulation and regulations 2, 4(a) and 6 come into force on 27 June 2020.

3

Regulations 3, 4(b), 5 and 7, insofar as it applies to qualifying foreign nationals, come into force on the same day as section 1 of the Scottish Elections (Franchise and Representation) Act 20204.

4

Regulation 7, insofar that it is not brought into force by regulation 1(3), comes into force on 1 September 2020.

5

These Regulations extend to the registration of local government electors in Scotland.

Amendment of the Representation of the People (Scotland) Regulations 2001

2

The Representation of the People (Scotland) Regulations 20015 are amended in accordance with regulations 3 to 7.

3

In regulation 24 (evidence as to age and nationality)6—

a

in paragraph (2)(d)(ii) for “a relevant citizen of the Union.” substitute “a qualifying foreign national.”,

b

after paragraph (6) insert—

7
In this regulation “qualifying foreign national” has the same meaning as in section 202(1) of the 1983 Act7.

4

In regulation 26 (applications for registration)8—

a

after paragraph (1A) insert—

1B
In relation to the registration of local government electors, where the applicant is a person to whom section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies, an application under paragraph (1) must include the applicant’s prisoner number.

b

in paragraph (3)(ba) for “or relevant citizens of the Union” substitute “or qualifying foreign nationals”,

5

In regulation 26B (power to request additional evidence where certain information is unavailable or where the registration officer considers it necessary)9—

a

in paragraph (11) for “a qualifying Commonwealth citizen,” substitute “a qualifying Commonwealth citizen or a qualifying foreign national,”,

b

after sub-paragraph (12)(b) insert—

c
“qualifying foreign national” has the same meaning as in section 202(1) of the 1983 Act10.

6

In regulation 32ZD (steps to be taken by a registration officer to encourage a person to make an application for registration in response to an invitation to do so)11 after paragraph (5) insert—

6
Paragraph (3) does not apply if, on the date that the registration officer gave an invitation to apply for registration under section 9E(1) of the 1983 Act, the person was a person to whom section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies.

7

For regulation 42(2) (marking of names)12 substitute—

2
To indicate that a qualifying foreign national or a person to whom section 3(1A) of the 1983 Act applies is registered only in the register of local government electors, the letter “M” shall be placed against their entry.

GRAEME DEYAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh16th June 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to the Representation of the People (Scotland) Regulations 2001 (“the 2001 regulations”) in consequence of the Scottish Elections (Franchise and Representation) Act 2020 (“the 2020 Act”).

Regulations 3, 4(b) and 5 amend relevant references in the 2001 Regulations to a “relevant citizen of the Union” to refer to a “qualifying foreign national.” This reflects the introduction of “qualifying foreign national” as an eligible category of local government elector in Scotland by section 1 of the 2020 Act. Section 1 of the 2020 Act removes EU Citizens as a particular category of local government electors in Scotland.

Regulation 4(a) inserts a new paragraph into regulation 26 of the 2001 regulations to provide that in relation to the registration of local government electors in Scotland, an applicant for registration who is a prisoner is required to provide their prisoner number. Section 5 of the 2020 Act amended section 3 of the Representation of the People Act 1983 (“ROPA”) to provide that a person who is detained in a prison in pursuance of a sentence not exceeding 12 months is eligible to vote as a local government elector in Scotland.

Regulation 6 provides that regulation 32ZD(3) of the 2001 regulations does not apply where on the date that an invitation to apply for registration under section 9E(1) of ROPA is provided, the recipient was a prisoner who was eligible to apply for registration as a local government elector in Scotland. Regulation 32ZC(3) provides that a registration officer may visit an address following a first invitation to register in order to encourage an application for registration and must make or have made one visit if no application has been received in response to the third such invitation.

Regulation 7 amends regulations 42 of the 2001 regulations to provide for a new “marker” (“M”) to appear on the register of electors in relation to qualifying foreign nationals and prisoners who are registered as local government electors in Scotland.