- Latest available (Revised)
- Point in Time (26/06/2017)
- Original (As made)
Point in time view as at 26/06/2017.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Representation of the People (Scotland) Regulations 2001. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Textual Amendments
F1Pt. 6 inserted (with effect in accordance with reg. 2(3) of the amending S.I.) by Representation of the People (Scotland) (Amendment) Regulations 2002 (S.I. 2002/1872), regs. 2(2), 14
109.—(1) The registration officer shall supply a copy (or copies) of the edited register to any person on payment of a fee calculated in accordance with paragraph (2) below.
(2) In the case of the register–
(a)in data form, the fee shall be at the rate of £20 plus £1.50 for each 1,000 entries (or remaining part of 1,000 entries) in it; and
(b)in printed form, the fee shall be at the rate of £10 plus £5 for each 1,000 entries (or remaining part of 1,000 entries) in it.
110.—(1) The registration officer may not sell a copy of–
(a)the full register,
(b)any notice under section 13A(2) [F213AB(2),] or 13B(3) [F3, (3B) or (3D)] of the 1983 Act altering the register (“a relevant notice”), or
(c)the list of overseas electors,
except to a person who is entitled under regulation 112 or 113 below to purchase them.
(2) The fee for such sale shall be calculated in accordance with paragraphs (3) to (6) below.
(3) Where a person purchases the full register together with any relevant notices which are published at that time altering the register, the register and the notices shall be treated as the same document for the purposes of the calculations set out in paragraph (5) below; and any entry in the register which is deleted by a notice shall accordingly be ignored for the purposes of the calculation.
(4) Where a person purchases a relevant notice separately from the full register, the calculations set out in paragraph (5) below shall be applied to that notice.
(5) Subject to paragraph (3) above, in the case of the register or a relevant notice–
(a)in data form, the fee shall be at the rate of £20 plus £1.50 for each 1,000 entries (or remaining part of 1,000 entries) in it; and
(b)in printed form, the fee shall be at the rate of £10 plus £5 for each 1,000 entries (or remaining part of 1,000 entries) in it.
(6) In the case of the list of overseas electors–
(a)in data form, the fee shall be at the rate of £20 plus £1.50 for each 100 entries (or remaining part of 100 entries) in it; and
(b)in printed form, the fee shall be at the rate of £10 plus £5 for each 100 entries (or remaining part of 100 entries) in it.
(7) In any copy of the full register [F4or any copy of a notice under section 13A(2) [F513AB(2),] or 13B(3) [F6, (3B) or (3D)] of the 1983 Act] which is sold in accordance with regulations 111 to 113 below, the letter “Z” shall be placed against the [F7entry] of any person whose [F7entry] is not included in the edited version of the register.
Textual Amendments
F2Word in reg. 110(1)(b) inserted (6.4.2014) by The Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3206), regs. 1(4), 44
F3Words in reg. 110(1)(b) inserted (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), 27
F4Words in reg. 110(7) inserted (23.3.2006) by The Representation of the People (Scotland) (Amendment) Regulations 2006 (S.I. 2006/834), regs. 1(1), 20
F5Word in reg. 110(7) inserted (6.4.2014) by The Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3206), regs. 1(4), 44
F6Words in reg. 110(7) inserted (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), 27
F7Word in reg. 110(7) substituted (1.4.2007) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 16
111.—(1) This regulation applies in respect of the supply on payment of a fee of copies of the full register, including any notice published under section 13A(2) [F813AB(2),] or 13B(3) [F9, (3B) or (3D)] of the 1983 Act altering that register, in accordance with regulation 112 or 113 below.
(2) The registration officer shall not supply a printed copy of the full register under either of those regulations if to do so would result in him having insufficient copies of it for the purposes of any requirement made by or under any enactment.
(3) In those regulations “the relevant restrictions” means the restrictions set out in paragraphs (4) and (5) below.
(4) No person in an organisation to which a copy of the register has been supplied under regulation 112 or 113 below may–
(a)supply a copy of the full register to any person;
(b)disclose any information contained in it (that is not contained in the edited register); or
(c)make use of any such information,
except for the purpose set out in the regulation by virtue of which the full register has been supplied.
(5) The restrictions in paragraph (4) above apply to a person to whom a copy of the full register has been supplied in accordance with regulation 112 or 113 below or to whom information contained in it has been so disclosed as it applies to a person in the organisation to which the copy of the full register was supplied under the regulation in question.
(6) In this regulation and regulations 112 and 113 below, “a relevant document” means–
(a)the full register published under section 13(1) or (3) of the 1983 Act;
(b)any notice published under section 13A(2) [F1013AB(2),] or 13B(3) [F11, (3B) or (3D)] of that Act amending it, and
(c)the list of overseas electors.
(7) A request to purchase a relevant document must be made in writing and must–
(a)specify the documents required;
(b)state whether the request is made only in respect of the current documents or whether it includes a request for the supply of any subsequent documents on publication for as long as the person making the request pays for them; and
(c)state whether a printed copy of any document is requested instead of the version in data form.
Textual Amendments
F8Word in reg. 111(1) inserted (6.4.2014) by The Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3206), regs. 1(4), 44
F9Words in reg. 111(1) inserted (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), 27
F10Word in reg. 111(6)(b) inserted (6.4.2014) by The Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3206), regs. 1(4), 44
F11Words in reg. 111(6)(b) inserted (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), 27
112.—(1) Subject to regulation 111(2) above, the registration officer shall supply on request and on payment of a fee calculated in accordance with regulation 110 above a copy (or copies) of a relevant document [F13to–
(a)a government department;
(b)the Scottish Environment Protection Agency;
(c)the [F14Financial Conduct Authority;]
[F15(ca)the Prudential Regulation Authority; or]
(d)a body not falling within sub paragraphs (a) to (c) which carries out the vetting of any person for the purpose of safeguarding national security,
other than [F16a department to which regulation 107A applies or] a force or organisation to which regulation 108(1) applies.]
[F17(2) For the purposes of regulation 111(3), the relevant restrictions apply–
(a)in the case of a body falling within sub paragraphs (a) to (c) of paragraph (1), except for the purpose of–
(i)the administration of justice, the prevention and detection of crime and the enforcement of the criminal law (whether in Scotland or elsewhere);
(ii)the vetting of employees and applicants for employment where such vetting is required pursuant to any enactment;
(iii)the vetting of any person where such vetting is for the purpose of safeguarding national security; or
(iv)supply and disclosure in accordance with paragraphs (3) to (6); and
(b)in the case of a body falling within sub paragraph (d) of paragraph (1), except for the purpose of the vetting of any person where such vetting is for the purpose of safeguarding national security.]
(3) A government department [F18, other than one mentioned in [F19regulation 107A]] may supply (whether or not on payment) a copy of the full register to a person (“an authorised person”) who may only disclose information contained in it in accordance with paragraph (5) below.
(4) In this regulation any reference to an authorised person includes a reference to his employees.
(5) Information contained in the full register (and not contained in the edited register) may not be disclosed by an authorised person except to any person falling within regulations 102 to 107 above and for use for the purposes for which such a person could obtain the full register under the regulation concerned.
(6) The restrictions in regulations 102 to 107 above respectively apply to a person to whom information contained in the full register is disclosed under paragraph (5) above as they apply to a person to whom a copy of the register is supplied under those regulations.
(7) In this regulation “government department” includes the Scottish Administration.
Textual Amendments
F12Words in reg. 112 heading inserted (23.3.2006) by The Representation of the People (Scotland) (Amendment) Regulations 2006 (S.I. 2006/834), regs. 1(1), 21(2)
F13Words in reg. 112(1) substituted (23.3.2006) by The Representation of the People (Scotland) (Amendment) Regulations 2006 (S.I. 2006/834), regs. 1(1), 21(3)
F14Words in reg. 112(1)(c) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), reg. 1(1), Sch. 2 para. 34(a)(i)
F15Reg. 112(1)(ca) inserted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), reg. 1(1), Sch. 2 para. 34(a)(ii)
F16Words in reg. 112(1) inserted (24.12.2008) by Counter-Terrorism Act 2008 (c. 28), s. 100(5), Sch. 1 para. 3(6)(a) (with s. 101(5)); S.I. 2008/3296, art. 2
F17Reg. 112(2) substituted (23.3.2006) by The Representation of the People (Scotland) (Amendment) Regulations 2006 (S.I. 2006/834), regs. 1(1), 21(4)
F18Words in reg. 112(3) inserted (23.3.2006) by The Representation of the People (Scotland) (Amendment) Regulations 2006 (S.I. 2006/834), regs. 1(1), 21(5)
F19Words in reg. 112(3) substituted (24.12.2008) by Counter-Terrorism Act 2008 (c. 28), s. 100(5), Sch. 1 para. 3(6)(b) (with s. 101(5)); S.I. 2008/3296, art. 2
113.—(1) Subject to regulation 111(2) above, the registration officer shall supply on request and on payment of a fee calculated in accordance with regulation 110 above a copy (or copies) of a relevant document to [F20a person who has permission under the Financial Services and Markets Act 2000 to furnish persons with information relevant to the financial standing of other persons] and which is carrying on the business of providing credit reference services.
(2) For the purposes of regulation 111(3) above, the relevant restrictions apply except for the purposes set out in paragraph (3) below.
(3) Those purposes are:
(a)vetting applications for credit or applications that can result in the giving of credit or the giving of any guarantee, indemnity or insurance in relation to the giving of credit;
(b)meeting any obligations contained in [F21Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017] F22... or any regulations amending or replacing them, [F23or any rules made by the Financial Conduct Authority under section 137A of the Financial Services and Markets Act 2000 which relate to the prevention and detection of money laundering in connection with the carrying on of regulated activities by authorised persons] (1);
(c)statistical analysis of credit risk assessment in a case where no person whose details are included in the full register is referred to by name or necessary implication.
(4) The registration officer may require a credit reference agency to provide such evidence that it is carrying on the business of providing credit reference services as he shall reasonably require.
(5) In this regulation–
“application for credit” includes an application to refinance or reschedule an existing credit agreement;
“credit” includes a cash loan and any other form of financial accommodation;
“credit reference services” means the furnishing of persons with information relevant to the financial standing of individuals, which is information collected by the person furnishing it for the purpose of so furnishing it.
[F24(6) Paragraph (1) must be read with—
(a)section 22 of the Financial Services and Markets Act 2000,
(b)any relevant order under that section, and
(c)Schedule 2 to that Act.]
Textual Amendments
F20Words in reg. 113(1) substituted (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), art. 1(2)(6), Sch. para. 23(a)
F21Words in reg. 113(3)(b) substituted (26.6.2017) by The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692), reg. 1(2), Sch. 7 para. 16 (with regs. 8, 15)
F22Words in reg. 113(3)(b) omitted (1.3.2004) by virtue of The Money Laundering Regulations 2003 (S.I. 2003/3075), reg. 1(2)(d), Sch. 2 para. 7(2)(ii)
F23Words in reg. 113(3)(b) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), reg. 1(1), Sch. 2 para. 34(b)
F24Reg. 113(6) inserted (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), art. 1(2)(6), Sch. para. 23(b)
114.—(1) In this Part, “processor” means a person who provides a service which consists of putting information into data form and any reference to a processor includes a reference to his employees.
(2) A person who has obtained [F25or is entitled to obtain] a copy of the full register under regulation 98, 100, 101, 103, 105, 106, 109, [F26112 or 113] may–
(a)supply a copy of the full register to a processor for the purpose of processing the information contained in the register,
(b)request a processor to process and provide to him any copy of the register which the processor has obtained under these Regulations,
for use in respect of the purposes for which that person is entitled to obtain such copy or information (as the case may be).
F27(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) A processor may not disclose the full register or the information contained in it except to the person who supplied it to the processor or any other person, or an employee of such a person, who is entitled to obtain a copy of the full register under these Regulations.]
Textual Amendments
F25Words in reg. 114(2) inserted (23.3.2006) by The Representation of the People (Scotland) (Amendment) Regulations 2006 (S.I. 2006/834), regs. 1(1), 22(2)
F26Words in reg. 114(2) substituted (23.3.2006) by The Representation of the People (Scotland) (Amendment) Regulations 2006 (S.I. 2006/834), regs. 1(1), 22(3)
F27Reg. 114(3) 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), 45
Section 4 was substituted by section 1(2) of the 2000 Act.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: