1997 No. 979 (S.88)
The Representation of the People (Scotland) Amendment Regulations 1997
Made
Coming into force in accordance with regulation 2
Whereas a draft of these Regulations has been approved by resolution of each House of Parliament;
Now, therefore, the Secretary of State, in exercise of the powers conferred upon him by sections 53 and 201(1)1 of, and paragraphs 3 and 5A(1) of Schedule 2 to, the Representation of the People Act 19832 and sections 6(1) and (5), 7(1) and (3), 8(6) and (7) and 9(4), (7) and (8) of the Representation of the People Act 19853, having regard to section 27(2) of that Act and the definition of “prescribed” in section 202(1) of the Representation of the People Act 1983, hereby makes the following Regulations:
Citation and extent1
1
These Regulations may be cited as the Representation of the People (Scotland) Amendment Regulations 1997.
2
These Regulations shall extend to Scotland only.
Commencement2
1
These Regulations, except regulation 4, shall come into force on the expiry of seven days after the day on which they are made but regulation 5 shall not apply to an election where the last day by which the notice of election must be published precedes the coming into force of these Regulations.
2
Regulation 4 below shall come into force on the expiry of three months after the day on which these Regulations are made but that regulation shall not apply to an application for an absent vote which is received by the registration officer before the coming into force of that regulation.
Interpretation3
In these Regulations, “the 1986 Regulations” mean the Representation of the People (Scotland) Regulations 19864.
Amendment of the 1986 Regulations
4
1
Regulation 62 of the 1986 Regulations (additional requirements for applications on grounds of physical incapacity) shall be amended as follows.
2
For sub-paragraph (2)(b) there shall be substituted the following sub-paragraph–
b
a registered nurse within the meaning of section 10(7) of the Nurses, Midwives and Health Visitors Act 19795;
3
In sub-paragraphs (d) and (f) of paragraph (2), the word “by” shall in each case be omitted.
4
In sub-paragraph (e) of paragraph (2), the word “by” shall be omitted in the second place where it occurs.
5
At the end of paragraph (2) there shall be added–
Provided that a person may not attest an application under section 6(2)(b) of the Act of 1985 by virtue of sub-paragraphs (a), (b) or (c) above unless he is treating the applicant for the physical incapacity specified in accordance with paragraph (1) above or the applicant is receiving care from him in respect of that incapacity.
6
At the end of paragraph (3)(a) there shall be added the following–
and, where the person attests the application by virtue of sub-paragraph (a), (b) or (c) of paragraph (2) above, that he is treating the applicant for the physical incapacity specified in accordance with paragraph (1) above or the applicant is receiving care from him in respect of that incapacity;
5
In regulations 64 (additional requirements for applications in respect of a particular election) and 67 (closing dates for applications) of the 1986 Regulations–
a
b
in paragraph (2)(a) of regulation 64 and paragraph (3) of regulation 678, for the words “noon on the sixth day” there shall in each case be substituted the words “5 p.m. on the sixth day”.
(This note is not part of the Regulations)