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Representation of the People (Scotland) Regulations 2001

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Issue of postal ballot papersS

Combination of pollsS

65.  Where the polls at parliamentary and European Parliamentary elections are taken together under subsection (1) or (2) of section 15 of the 1985 Act, the proceedings on the issue and receipt of postal ballot papers in respect of each election may, if the returning officers concerned agree, be taken together.

Commencement Information

I1Reg. 65 in force at 16.2.2001, see reg. 1(1)

Form of [F1postal voting statement]S

66.  The form of the [F1postal voting statement] for the purposes of rule 24 of the rules in Schedule 1 to the 1983 Act(1) shall be–

(a)in Form G at a parliamentary election taken alone;

(b)in Form H at a parliamentary election where the proceedings on the issue and receipt of postal ballot papers are taken together with those proceedings at another election;

(c)in Form J at a parliamentary election where the poll is taken together with the poll at another election, but where the proceedings on the issue and receipt of postal ballot papers are not.

Textual Amendments

F1Words in Regulations substituted (with effect in accordance with reg. 1(2)(3)(c) of the amending S.I.) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 54(a)

Commencement Information

I2Reg. 66 in force at 16.2.2001, see reg. 1(1)

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

67.  [F2Without prejudice to the provisions of section 6A, 6B, 6C, 6D or 6E of the Political Parties, Elections and Referendums Act 2000,] No person may be present at the proceedings on the issue of postal ballot papers other than the returning officer and his staff.

Textual Amendments

F2Words in reg. 67 inserted (with effect in accordance with reg. 1(2)(3)(c) of the amending S.I.) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 51

Modifications etc. (not altering text)

Commencement Information

I3Reg. 67 in force at 16.2.2001, see reg. 1(1)

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

68.  [F3Without prejudice to the provisions of section 6A, 6B, 6C, 6D or 6E of the Political Parties, Elections and Referendums Act 2000,] no person may be present at the proceedings on the receipt of postal ballot papers other than–

(a)the returning officer and his staff,

(b)a candidate,

(c)an election agent or any person appointed by a candidate to attend in his election agent’s place, and

(d)any agents appointed under regulation 69 below.

Textual Amendments

F3Words in reg. 68 inserted (with effect in accordance with reg. 1(2)(3)(c) of the amending S.I.) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 51

Modifications etc. (not altering text)

Commencement Information

I4Reg. 68 in force at 16.2.2001, see reg. 1(1)

Agents of candidates who may attend proceedings on receipt of postal ballot papersS

69.—(1) Each candidate may appoint one or more agents to attend the proceedings on the receipt of the postal ballot papers up to the number he may be authorised by the returning officer to appoint; the number authorised shall be the same in the case of each candidate.

(2) Notice in writing of the appointment stating the names and addresses of the persons appointed shall be given by the candidate to the returning officer before the time fixed for the opening of the postal voters' ballot box.

(3) Where postal ballot papers for more than one election are issued together under regulation 65 above, the returning officer to whom notice shall be given under paragraph (2) above and paragraphs (4) and (5) below is the returning officer who issues the postal ballot papers.

(4) If an agent dies or becomes incapable of acting, the candidate may appoint another agent in his place and shall forthwith give to the returning officer notice in writing of the name and address of the agent appointed.

(5) Agents may be appointed and notice of appointment given to the returning officer by the candidate’s election agent instead of by the candidate.

(6) In this Part of these Regulations references to agents shall be taken as references to agents whose appointments have been duly made and notified and, in the case of agents appointed under paragraph (1) above, who are within the number authorised by the returning officer.

(7) A candidate may himself do any act or thing which any agent of his, if appointed, would have been authorised to do, or may assist his agent in doing any such act or thing.

(8) Where in this Part of these Regulations any act or thing is required or authorised to be done in the presence of the candidates or their agents, the non-attendance of any such persons or person at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.

Modifications etc. (not altering text)

Commencement Information

I5Reg. 69 in force at 16.2.2001, see reg. 1(1)

Notification of requirement of secrecyS

70.  The returning officer shall make such arrangements as he thinks fit to ensure that every person attending the proceedings in connection with the issue or receipt of postal ballot papers has been given a copy in writing of the provisions of subsections (4) and (6) of section 66 of the Act of 1983(2).

Modifications etc. (not altering text)

Commencement Information

I6Reg. 70 in force at 16.2.2001, see reg. 1(1)

[F4Time when postal ballot papers are to be issuedS

71.  Postal ballot papers (and postal voting statements) must be issued by the returning officer as soon as it is practicable to do so.]

Textual Amendments

Modifications etc. (not altering text)

Procedure on issue of postal ballot paperS

72.—F5(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The number of the elector as stated in the register shall be marked on the [F6corresponding number list, next to the number and unique identifying mark of the ballot paper issued to that elector].

(3) A mark shall be placed in the [F7postal voters list] or the [F8proxy postal voters list] against the number of the elector to denote that a ballot paper has been issued to the elector or his proxy, but without showing the particular ballot paper issued.

(4) The number of a postal ballot paper shall be marked on the [F1postal voting statement] sent with that paper.

(5) Where postal ballot papers for more than one election are issued together under regulation 65 above–

(a)one mark shall be placed in the [F7postal voters list] or the [F8proxy postal voters list] under paragraph (3) above to denote that ballot papers have been issued in respect of all those elections; except that, where ballot papers are not so issued, a different mark shall be placed in the [F7postal voters list] or [F8proxy postal voters list] to identify the election in respect of which the ballot paper was issued; and

(b)the number of each ballot paper shall be marked on the [F1postal voting statement] under paragraph (4) above.

(6) Where the poll at one election is taken with the poll at another election under the provisions referred to in regulation 65 above but the proceedings on the issue and receipt of postal ballot papers are not taken together, the colour of the postal ballot paper shall also be marked on the [F1postal voting statement] sent with that paper.

[F9(7) [F10Subject to paragraph (8),] The address to which the postal ballot paper, [F1postal voting statement] and the envelopes referred to regulation 74 below are to be sent is–

(a)in the case of an elector, the address shown in the [F7postal voters list];

(b)in the case of a proxy, the address shown in the [F11proxy postal voters list.]]

[F12(8) Where a person has an anonymous entry in the register, the items specified in paragraph (7) must be sent (as the case may be) to the address to which postal ballot papers should be sent–

(a)as shown in the record kept under paragraph 3(4) or 7(6) of Schedule 4; or

(b)as given in pursuance of an application made under paragraph 4(1) or 7(4)(b) of Schedule 4.]

Textual Amendments

F1Words in Regulations substituted (with effect in accordance with reg. 1(2)(3)(c) of the amending S.I.) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 54(a)

F5Reg. 72(1) omitted (with effect in accordance with reg. 1(2)(3)(a) of the amending S.I.) by virtue of The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 29(1)

F6Words in reg. 72(2) substituted (with effect in accordance with reg. 1(2)(3)(a) of the amending S.I.) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 29(1)

F7Words in reg. 72 substituted (with effect in accordance with reg. 1(2)(3)(b) of the amending S.I.) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 37(1)

F8Words in reg. 72 substituted (with effect in accordance with reg. 1(2)(3)(b) of the amending S.I.) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 37(2)

F11Words in reg. 72(7)(b) substituted (with effect in accordance with reg. 1(2)(3)(b) of the amending S.I.) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 37(3)

Modifications etc. (not altering text)

Commencement Information

I7Reg. 72 in force at 16.2.2001, see reg. 1(1)

Refusal to issue postal ballot paperS

73.  Where a returning officer is satisfied that two or more entries in the [F13postal voters list], or the [F14proxy postal voters list] or in each of those lists relate tothe same elector, he shall not issue more than one ballot paper in respect of that elector at any one election.

Textual Amendments

F13Words in reg. 73 substituted (with effect in accordance with reg. 1(2)(3)(b) of the amending S.I.) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 37(1)

F14Words in reg. 73 substituted (with effect in accordance with reg. 1(2)(3)(b) of the amending S.I.) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 37(2)

Modifications etc. (not altering text)

Commencement Information

I8Reg. 73 in force at 16.2.2001, see reg. 1(1)

EnvelopesS

74.—(1) Paragraphs (2) and (3) below prescribe the envelopes which are to be issued to a postal voter in addition to the ballot paper and [F1postal voting statement] (which are issued under rule 24 of the elections rules(3)).

(2) There shall be issued an envelope for the return of the postal ballot paper or, as the case may be, ballot papers and the [F1postal voting statement] (referred to as a “covering envelope”) which shall be marked with the letter “B”.

(3) There shall also be issued a smaller envelope (referred to as a “ballot paper envelope”) which shall be marked with–

(a)the letter “A”;

(b)the words “ballot paper envelope”, and

(c)[F15unless the envelope has a window through which the number on the ballot paper (or ballot papers) can be displayed,] the number of the ballot paper or, as the case may be, ballot papers.

(4) Where polls are taken together (under the provisions referred to in regulation 65 above) but not the proceedings on the issue and receipt of postal ballot papers–

(a)the envelope referred to in paragraph (2) above shall also be marked “Covering envelope for the [insert colour of ballot paper] coloured ballot paper”, and

(b)on the envelope referred to in paragraph (3) above, after the words “Ballot paper envelope” there shall be added the words “for the [insert colour of ballot paper] coloured ballot paper”.

Textual Amendments

F1Words in Regulations substituted (with effect in accordance with reg. 1(2)(3)(c) of the amending S.I.) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 54(a)

F15Words in reg. 74(3)(c) inserted (with effect in accordance with reg. 1(2)(3)(c) of the amending S.I.) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 52

Modifications etc. (not altering text)

Commencement Information

I9Reg. 74 in force at 16.2.2001, see reg. 1(1)

Sealing up of [F16completed corresponding number lists] and security of special listsS

75.—(1) As soon as practicable after the issue of each batch of postal ballot papers, the returning officer shall make up into a packet the [F17completed corresponding number lists] of those ballot papers which have been issued and shall seal such a packet.

F18(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19(3) Until the time referred to in regulation 84(8), the returning officer shall take proper precautions for the security of the marked copy of the postal voters list and the proxy postal voters list.]

Textual Amendments

F16Words in reg. 75 heading substituted (with effect in accordance with reg. 1(2)(3)(a) of the amending S.I.) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 29(2)

F17Words in reg. 75(1) substituted (with effect in accordance with reg. 1(2)(3)(a) of the amending S.I.) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 29(2)

F18Reg. 75(2) omitted (with effect in accordance with reg. 1(2)(3)(b) of the amending S.I.) by virtue of The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 38(2)

F19Reg. 75(3) substituted (with effect in accordance with reg. 1(2)(3)(b) of the amending S.I.) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 38(3)

Modifications etc. (not altering text)

Commencement Information

I10Reg. 75 in force at 16.2.2001, see reg. 1(1)

Delivery of postal ballot papersS

76.—(1) For the purposes of delivering postal ballot papers, the returning officer may use–

(a)a universal postal service provider;

(b)a commercial delivery firm, or

(c)persons appointed under rule 26(1) of the elections rules.

(2) Where the services of a universal postal service provider or commercial delivery firm are to be used, envelopes addressed to postal voters shall be counted and delivered by the returning officer with such form of receipt to be endorsed by that provider or firm as may be arranged.

(3) Postage shall be prepaid on envelopes addressed to the postal voters (except where paragraph (1)(c) above applies).

(4) Return postage shall be prepaid on all covering envelopes where the address provided by the postal voter for the receipt of the postal ballot paper is within the United Kingdom.

Modifications etc. (not altering text)

Commencement Information

I11Reg. 76 in force at 16.2.2001, see reg. 1(1)

Spoilt postal ballot papersS

77.—[F20(1) If a postal voter has inadvertently dealt with his postal ballot paper or [F1postal voting statement] in such a manner that it cannot be conveniently used as a ballot paper (referred to as “a spoilt ballot paper”) or, as the case may be, a [F1postal voting statement] (referred to as “a spoilt [F1postal voting statement]”) he may return (either by hand or by post) to the returning officer the spoilt ballot paper or, as the case may be, the spoilt [F1postal voting statement].

(2) Where a postal voter exercises the entitlement conferred by paragraph (1), he shall also return–

(a)the postal ballot paper or, as the case may be, the [F1postal voting statement], whether spoilt or not;

(b)where postal ballot papers for more than one election have been issued together under regulation 65, all other ballot papers so issued, whether spoilt or not; and

(c)the envelopes supplied for the return of the documents mentioned in paragraph (1) or sub paragraph (a) or (b).]

(3) [F21Subject to paragraph (3A),] on receipt of the documents referred to in paragraph (1) and, where applicable paragraph (2) above, the returning officer shall issue another postal ballot paper or, as the case may be, ballot papers except where those documents are received after [F225 p.m. on the day of the poll].

[F23(3A) Where the returning officer receives the documents referred to in paragraph (1) and, where applicable paragraph (2), after 5 p.m. on the day before the day of the poll, he shall only issue another postal ballot paper or, as the case may be, ballot papers if the postal voter returns the documents by hand.]

(4) Regulations 72 (except paragraph (3)), 74, 75 and, subject to paragraph (7) below, 76 above shall apply to the issue of a replacement postal ballot paper under paragraph (3) above.

[F24(5) Any postal ballot paper or [F1postal voting statement], whether spoilt or not, returned in accordance with paragraph (1) or (2) shall be immediately cancelled.]

(6) The returning officer, as soon as practicable after cancelling those documents, shall make up those documents in a separate packet and shall seal the packet; and if on any subsequent occasion documents are cancelled as mentioned above, the sealed packet shall be opened and the additional cancelled documents included in it and the packet shall be again made up and sealed.

[F25(7) Where a postal voter applies in person–

(a)by 5 p.m. on the day before the day of the poll, the returning officer may hand a replacement postal ballot paper to him; or

(b)after 5 p.m. on the day before the day of the poll, the returning officer may only hand a replacement postal ballot paper to him,

instead of delivering it in accordance with regulation 76.]

(8) The returning officer shall enter in a list kept for the purpose (“the list of spoilt postal ballot papers”)–

(a)the name and number of the elector as stated in the register [F26(or, in the case of an elector who has an anonymous entry, his electoral number alone)];

(b)the number of the postal ballot paper (or papers) issued under this regulation; and

(c)where the postal voter whose ballot paper is spoilt is a proxy, his name and address.

Textual Amendments

F1Words in Regulations substituted (with effect in accordance with reg. 1(2)(3)(c) of the amending S.I.) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 54(a)

Modifications etc. (not altering text)

Commencement Information

I12Reg. 77 in force at 16.2.2001, see reg. 1(1)

Lost postal ballot papersS

78.—[F27(1) Where a postal voter claims either to have lost or not to have received–

(a)his postal ballot paper, or

(b)the [F1postal voting statement], or

(c)one or more of the envelopes supplied for their return,

by the [F28fourth] day before the day of the poll, he may apply (whether or not in person) to the returning officer for a replacement ballot paper.]

(2) Such an application shall include evidence of the voter’s identity.

[F29(2A) Where a postal voter exercises the entitlement conferred by paragraph (1), he shall return–

(a)the documents referred to in paragraph (1)(a) to (c); and

(b)where postal ballot papers for more than one election have been issued together under regulation 65, all other ballot papers so issued,

which he has received and which have not been lost.

(2B) Any postal ballot paper or [F1postal voting statement] returned in accordance with paragraph (2A) shall be immediately cancelled.

(2C) The returning officer, as soon as practicable after cancelling those documents, shall make up those documents in a separate packet and shall seal the packet; and if on any subsequent occasion documents are cancelled as mentioned above, the sealed packet shall be opened and the additional cancelled documents included in it and the packet shall be again made up and sealed.]

(3) [F30Subject to paragraph (3A),] where the application is received by the returning officer before [F315 p.m. on the day of the poll] and the returning officer–

(a)is satisfied as to the voter’s identity, and

[F32(b)has no reason to doubt that the postal voter has either lost or has not received the original postal ballot paper or the [F1postal voting statement] or one or more of the envelopes provided for their return]

he shall issue another postal ballot paper or, as the case may be, postal ballot papers.

[F33(3A) Where the application is received by the returning officer after 5 p.m. on the day before the day of the poll, he shall only issue another postal ballot paper or, as the case may be, ballot papers if the postal voter applies in person.]

(4) The returning officer shall enter in a list kept for the purpose (“the list of lost postal ballot papers”)–

(a)the name and number of the elector as stated in the register [F34(or, in the case of an elector who has an anonymous entry, his electoral number alone)];

(b)the number of the lost postal ballot paper and of its replacement issued under this regulation; and

[F35(c)where the postal voter is a proxy, his name and address.]

(5) Regulations 72 (except paragraph (3)), 74, 75 and, subject to paragraph (6) below, 76 above shall apply to the issue of a replacement postal ballot paper under paragraph (3) above.

[F36(6) Where a postal voter applies in person–

(a)by 5 p.m. on the day before the day of the poll, the returning officer may hand a replacement postal ballot paper to him; or

(b)after 5 p.m. on the day before the day of the poll, the returning officer may only hand a replacement postal ballot paper to him,

instead of delivering it in accordance with regulation 76.]

(7) Where the registration officer issues another ballot paper, or, as the case may be, postal ballot papers under paragraph (3) above, the lost ballot paper shall be void and of no effect.

Textual Amendments

F1Words in Regulations substituted (with effect in accordance with reg. 1(2)(3)(c) of the amending S.I.) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 54(a)

Modifications etc. (not altering text)

Commencement Information

I13Reg. 78 in force at 16.2.2001, see reg. 1(1)

[F37Cancellation of postal ballot papersS

78A.—(1) Where, after the final nomination day at a parliamentary F38... election, an application under—

(a)paragraph 3(5)(a) of Schedule 4 to the 2000 Act (application to be removed from the record of absent voters),

(b)paragraph 3(6) or 4(3)(b) of that Schedule (application to vote by proxy by a person recorded as voting by post),

(c)paragraph 3(7) of that Schedule (application to vote by post by person recorded as voting by proxy),

(d)paragraph 4(3)(a) of that Schedule (application for postal ballot paper to be sent to different address),

(e)paragraph 6(7) or (8) of that Schedule (appointment of proxy),

(f)paragraph 7(7) of that Schedule (application from postal proxy voter for postal ballot paper to be sent to a different address), or

(g)paragraph 7(9)(a) of that Schedule (application by proxy to be removed from record of postal proxies),

is granted or a notice under paragraph 6(10) of that Schedule (cancellation of proxy appointment) is received, and the application or notice is not to be disregarded for the purposes of that election under regulation 56, the registration officer must notify the returning officer who must immediately cancel any postal ballot paper issued to the elector or proxy and, in the case of an application mentioned in sub-paragraph (d) or (f), must issue a replacement ballot paper.

(2) Where a person returns a postal ballot paper that has been or is to be cancelled in accordance with paragraph (1) (whether to the registration officer or the returning officer), it must be dealt with as follows—

(a)the ballot papers, together with any other ballot papers, postal voting statements or covering envelopes which are returned to the registration officer must be given by the registration officer to the returning officer;

(b)any document returned in accordance with this paragraph but not cancelled in accordance with paragraph (1) must be immediately cancelled;

(c)the returning officer, as soon as practicable after receiving and cancelling those documents, shall make up those documents in a separate packet and shall seal the packet, and if on any subsequent occasion documents are returned in accordance with this paragraph, the sealed packet shall be opened and the additional cancelled documents included in it and the packet shall be again made up and sealed.

(3) The returning officer must enter in a list kept for the purpose of recording postal ballot papers cancelled under this regulation (“the list of cancelled postal ballot papers”)—

(a)the name and number of the elector as stated in the register of electors (or, in the case of an elector who has an anonymous entry, their electoral number alone);

(b)the number of the cancelled postal ballot paper;

(c)the number of any replacement postal ballot paper issued under paragraph (1); and

(d)where the postal voter is a proxy, their name and address.

(4) Regulations 72 (except paragraph (3)), 74, 75 and 76 apply to a replacement postal ballot paper issued under paragraph (1).

(5) In this regulation “the final nomination day” has the meaning given by section 13B(5) of the 1983 Act.]

Textual Amendments

Modifications etc. (not altering text)

(1)

Rule 24 was substituted by Schedule 6 to the 2000 Act.

(2)

Section 66(6) was amended by Schedule 3 to the 1985 Act.

(3)

Rule 24 was substituted by paragraph 10(3) of Schedule 6 to the 2000 Act.

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