Representation of the People (Scotland) Regulations 2001

PART IGENERAL, INTERPRETATION AND MISCELLANEOUS

1Citation, commencement and extent

3Interpretation

5Communication of applications, notices etc.

6Electronic signatures and related certificates

7Copies of documents

9Official poll cards and postal poll cards at parliamentary elections

10Return and declaration of election expenses

11Interference with notices etc.

12Device referred to in rule 29(3A)(b) of parliamentary elections rules

13Registration of European Parliamentary overseas electors

PART IISERVICE AND OVERSEAS ELECTORS' DECLARATIONS

Service declarations

14Qualification for Crown servant

15Contents of service declaration

15AContents of service declaration: declarant with a service qualification under section 14(1A) of the 1983 Act

16Transmission of service declaration

17Notification by registration officer in respect of service declarations

Overseas electors' declarations

18Contents of overseas elector’s declaration

19Certain declarants to supply copy of birth certificates

20Attestation of certain overseas electors' declarations

21Transmission of overseas elector’s declaration

22Notification about registration as overseas elector

PART IIIREGISTRATION

INFORMATION ABOUT ELECTORS

23Power to require information

24Evidence as to age and nationality

25Reminders to electors registered pursuant to a declaration

25AReminders to persons who have an anonymous entry

26Applications for registration

26AApplication for alteration of register in respect of name under section 10ZD

26BPower to request additional evidence where certain information is unavailable or where the registration officer considers it necessary

27Objections to registration

28Inspection of applications and objections

Determination of applications and objections

29ZAVerification of information provided in an application

29ZBProcessing of information provided in connection with an application under section 10ZC or 10ZD

29Procedure for determining applications for registration and objections without a hearing

30Notice of hearing

31Hearing of applications and objections

31AObjections relating to applications that have been allowed, but before alterations to register have taken effect

31BOther determinations by registration officer of entitlement to registration

31CSummary procedure for determining in specified circumstances person has ceased to satisfy conditions for registration

31DProcedure for reviewing entitlement to registration

31EList of reviews

31FHearings of reviews

31FZANotification of outcome of reviews

31FADeterminations of entitlement to remain registered during the annual canvass

31GAnonymous registration: applications and declarations

31HAnonymous registration: determination of applications by registration officer

31IAnonymous registration: evidence consisting of relevant court orders or injunctions

31JAnonymous registration: evidence by attestation

32Registration appeals

32ZAAnnual canvass: register of local government electors

32ZBSteps to be taken by a registration officer where no information in response to an annual canvass form is received in respect of a particular address

32ZBAAnnual canvass

32ZBBAnnual canvass data matching

32ZBCProcessing of information in connection with annual canvass data matching

32ZBDAnnual canvass for properties where it may be necessary to make any addition to, or deletion from, an electoral register and steps to be taken where no response is received

32ZBEAnnual canvass for properties where the registration officer is satisfied that it is not necessary to make any deletion from an electoral register and has no reason to believe that any additions to an electoral register may be required

32ZBFAnnual canvass in respect of particular types of property

32ZBGElectoral Commission requirements

32ZCInvitations to apply for registration

32ZDSteps 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

32ZERequiring a person to make an application for registration

32ZFNotice of Civil Penalty

32ZGPayment, enforcement and cancellation of civil penalty

32ZHReview of registration officer’s decision to impose a civil penalty

32ZIAppeals to the First-tier Tribunal against a notice of civil penalty

32ARepresentations regarding clerical errors

33Circumstances when the power in section 10A(5)(b) of the 1983 Act applies

34Retaining entries in register

35Registration officer’s right to inspect certain records

35ADisclosure of certain local authorities’ records

36Notices in connection with registration

36ACommunication of notices made on polling day

37Notice by registration officer of a change of address

38Separate part of register for each parliamentary polling district

39Different letter, number or combination of letter and number for each parliamentary polling district

40Qualifying addresses which are not included in the register

41Order of names

41AAnonymous entries

42Marking of names

43Publication of register

44Information about register

45Preparation and publication of list of overseas electors

45ARecord of anonymous entries

45BDuties of registration officer and his staff in relation to record of anonymous entries

45CSupply of record of anonymous entries to returning and counting officers

45DSupply of record of anonymous entries to the security services

45ESupply of the record of anonymous entries to police forces and other organisations

45FCertificate of anonymous registration

45GCertificate of anonymous registration prescribed for purposes of paragraph 10(2) of Schedule 2A

46Supply of free copies of register and list of overseas electors otherwise than on request

47Supply of free copies of register and list of overseas electors on request

48Sale of register and list of overseas electors

49Supply of register and list of overseas electors in data form

PART IVABSENT VOTERS

50Interpretation of Part IV

50ADisapplication of Part IV

51General requirements for applications for an absent vote

51AAdditional provision concerning the requirement that an application for an absent vote must be signed by the applicant

51AAAdditional requirement for applications for ballot papers to be sent to different address from that stated in application

51BAdditional requirements for applications for ballot papers to be sent to different address from that shown in the record kept under paragraph 3(4) or 7(6) of Schedule 4

52Additional requirements for applications for the appointment of a proxy

53Additional requirements for applications for a proxy vote for a particular or indefinite period on grounds of blindness or any other disability

54Additional requirements for applications for a proxy vote for a particular or indefinite period based on occupation, service, employment or attendance on a course

55Additional requirements for applications for a proxy vote in respect of a particular election

55AAdditional requirements for application for an emergency proxy vote in respect of a particular election : grounds relating to occupation, service or employment

55BAdditional requirements for application for an emergency proxy vote in respect of a particular parliamentary election: grounds relating to voter identification

56Closing date for applications

56AGrounds relating to voter identification

56BVerification of information provided in a relevant absent voting application

56CPower to request additional evidence in relation to relevant absent voting applications where registration officer considers it necessary

56DProcessing of information provided in connection with a relevant absent voting application

57Grant or refusal of applications

58Notice of appeal

59Cancellation of proxy appointment

60Inquiries by registration officer

60ZARequirement to notify certain electors and proxies that postal vote entitlement is to end

60ARequirement to provide fresh signatures at five yearly intervals

60BRequirement to provide fresh signatures following rejection of a postal voting statement

61Records and lists kept under Schedule 4

61AConditions on the use, supply and inspection of absent voter records or lists

61BThe personal identifiers record

61CNotification of a rejected postal voting statement

62Marked register for polling stations

63Certificate of employment at a parliamentary election

63ACorresponding number lists

PART VISSUE AND RECEIPT OF POSTAL BALLOT PAPERS

64Interpretation of Part V

Issue of postal ballot papers

65Combination of polls

66Form of postal voting statement

67Persons entitled to be present at proceedings on issue of postal ballot papers

68Persons entitled to be present at proceedings on receipt of postal ballot papers

69Agents of candidates who may attend proceedings on receipt of postal ballot papers

70Notification of requirement of secrecy

71Time when postal ballot papers are to be issued

72Procedure on issue of postal ballot paper

73Refusal to issue postal ballot paper

75Sealing up of completed corresponding number lists and security of special lists

76Delivery of postal ballot papers

77Spoilt postal ballot papers

78Lost postal ballot papers

78ACancellation of postal ballot papers

Receipt of postal ballot papers

79Alternative means of returning postal ballot paper or postal voting statement

80Notice of opening of postal ballot paper envelopes

81Postal ballot boxes and receptacles

82Receipt of covering envelope

83Opening of postal voters' ballot box

84Opening of covering envelopes

84AConfirming receipt of postal vote and postal voting statements

85Procedure in relation to postal voting statements

85AProcedure in relation to postal voting statements: personal identifier verification

85BPostal voting statements: additional personal identifier verification

86Opening of ballot paper envelopes

86ARetrieval of cancelled postal ballot papers

87Lists of rejected postal ballot papers

88Checking of lists kept under regulation 87

89Sealing of receptacles

90Abandoned poll

91Retention of documents

91AForwarding of documents

PART 6SUPPLY OF REGISTER ETC

Interpretation and edited register

92Interpretation of Part VI etc

93Edited version of register

93ANotifying registration officer of change to edited register preference

General restrictions

94Restrictions on supply of full register and disclosure of information from it by the registration officer and his staff

95Restriction on use of the full register, or of information contained in it, supplied in accordance with enactments or obtained otherwise

Supply on publication and specific restrictions

96Supply of free copy of full register to the National Library of Scotland and the British Library and restrictions on use

97Supply of free copy of full register for electoral purposes and restrictions on use

97ASupply of free copy of full register for elections of members of National Park authorities and restrictions on use

98Supply of free copy of full register etc to Statistics Board and restrictions on use

99Supply of free copy of full register etc to Electoral Commission and restrictions on use

100Supply of free copy of full register etc to certain Commissions and restrictions on use

Supply on request and specific restrictions

101Supply of full register etc. under regulations 102 to 108: general provisions

102Supply of full register etc. to elected representatives for electoral purposes and restrictions on use

103Supply of full register to holders of relevant elective offices and candidates

104Supply of full register etc. to local constituency parties and restrictions on use

105Supply of full register etc. to registered political parties etc. and restrictions on use

106Supply of full register etc. to certain councils and restrictions on use

107Supply of full register etc, to certain candidates and restrictions on use

107ASupply of full register etc to the security services

108Supply of full register etc to police forces and other agencies, and restrictions on use

108ASupply of full register to statutory library authorities and local authority archives services, and restrictions on use

Sale of edited and full registers and specified restrictions

109Sale of edited register

110Sale of full register etc: restrictions on supply, charges, etc

111Sale of full register etc: general provisions

112Sale of full register to government departments and other bodies

113Sale of full register to credit reference agencies

114Supply of register to processor

115Offences in respect of contravention of Parts III, IV and VI

PART 7ACCESS TO MARKED REGISTERS AND OTHER DOCUMENTS OPEN TO PUBLIC INSPECTION AFTER AN ELECTION

116Interpretation of Part VII

117Supply of marked registers and lists after an election

118Inspection of documents open to public inspection

119Conditions on the use, supply and disclosure of documents open to public inspection

120Calculating the fee for supply of marked registers or lists

SCHEDULE 1ENABLING POWERS

SCHEDULE 2REVOCATIONS

SCHEDULE 3FORMS

ARRANGEMENT OF FORMS

Form C:RETURN OF EXPENSES REQUIRED BY SECTION 75 OF THE 1983 ACT

Form D:DECLARATION AS TO EXPENSES REQUIRED BY SECTION 75 OF THE 1983 ACT

Form E:PROXY PAPER

Form E1:PROXY PAPER (parliamentary elections)

Form F:CERTIFICATE OF EMPLOYMENT

Form G:Form of postal voting statement

Form H:Form of postal voting statement

Form J:Form of postal voting statement

Form K:STATEMENT AS TO POSTAL BALLOT PAPERS

SCHEDULE 4APPLICATION WITH MODIFICATIONS OF PROVISIONS OF THE 1983 AND 1985 ACTS FOR REGISTRATION OF EUROPEAN PARLIAMENTARY OVERSEAS ELECTORS

2001 No. 497 (S. 2)

REPRESENTATION OF THE PEOPLE

Representation of the People (Scotland) Regulations 2001

Made14th February 2001

Coming into force16th February 2001

Whereas a draft of these Regulations has been approved by resolution of each House of Parliament;C1 C2 C3 C4 C5 C6 C7 C8 C9

Now, therefore, the Secretary of State in exercise of the powers conferred on him by the provisionswhich are specified in Schedule 1 to these Regulations, and of all other powers enabling him in that behalf, hereby makes the following Regulations:–C1 C2 C3 C4 C5 C6 C7 C8 C9

Annotations:

Modifications etc. (not altering text)

C1

Regulations applied (with modifications) (9.4.2001) by The European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001 (S.I. 2001/1184), regs. 1, 9, Sch. Pt. 2

C2

Regulations applied (with modifications) (9.7.2003) by The Local and European Parliamentary Elections (Registration of Citizens of Accession States) Regulations 2003 (S.I. 2003/1557), regs. 1(1), 7, Sch. 2 para. 2

C3

Regulations applied in part (with modifications) (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(2), Sch. 4 para. 8, Sch. 7 para. 58(3)

C4

Regulations modified (temp. from 31.7.2013 until 31.12.2014) by The Elections (Fresh Signatures for Absent Voters) Regulations 2013 (S.I. 2013/1599), regs. 1(1), 3

C5

Regulations applied (with modifications) (8.8.2013) by Scottish Independence Referendum (Franchise) Act 2013 (asp 13), ss. 6, 13(1), sch. 1 Pts. 1, 3 (with s. 13(2))

C6

Regulations: functions transferred (22.6.2015) by The Chancellor of the Duchy of Lancaster Order 2015 (S.I. 2015/1376), arts. 1(2), 5(2)(b) (with art. 9)

C7

Regulations applied (with modifications) (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 3 para. 14; S.I. 2016/69, reg. 2

C8

Regulations: functions transferred (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), arts. 1(2), 7(c)(ii) (with arts. 8, 12)

C9

Regulations: transfer of functions (8.12.2021) by The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), arts. 1(2), 7(2)(b) (with arts. 7(3), 8, 11, 12)