- Latest available (Revised)
- Point in Time (16/01/2024)
- Original (As made)
Point in time view as at 16/01/2024.
Representation of the People (Scotland) Regulations 2001, Section 26D is up to date with all changes known to be in force on or before 20 August 2024. There are changes that may be brought into force at a future date. Changes that have been made 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.
26D.—(1) This regulation applies where a registration officer considers that additional evidence is necessary in order to satisfy the registration officer that a person who makes an application under section 10ZC of the 1983 Act in pursuance of an overseas elector’s declaration (“the applicant”)—
(a)where the declaration is made in reliance on the previous registration condition, was previously entered in an electoral register in respect of the relevant address;
(b)where the declaration is made in reliance on the previous residence condition—
(i)was resident at the relevant address on the last day that the applicant was resident in the United Kingdom, or
(ii)was not resident at the relevant address but could have made a declaration under section 7B of the 1983 Act (declaration of local connection) in respect of that address on the last day that the applicant was resident in the United Kingdom.
(2) The registration officer may require that the applicant give them a copy, or where the registration officer considers it appropriate, the original, of any document which meets the evidential requirement.
(3) For the purposes of paragraph (2), the “evidential requirement” in relation to a document is that the document—
(a)bears the full current or previous name of the applicant, and
(b)bears the relevant address.
(4) Any of the following documents which meets the evidential requirement in paragraph (3) is deemed to be conclusive evidence that the statement in paragraph (1)(a), (b)(i) or (b)(ii) (as the case may be) applies in respect of the applicant—
(a)a driving licence granted in the United Kingdom (including an expired licence);
(b)an instrument of a court appointment, such as a grant of probate or letters of administration;
(c)a letter from the Office of the Public Guardian confirming the registration of a lasting power of attorney;
(d)a letter from His Majesty’s Revenue and Customs;
(e)a council tax demand letter or statement;
(f)a rent book issued by a local authority;
(g)a statement of benefits or entitlement to benefits, such as a statement of child benefit, within the meaning of section 141 of the Social Security Contributions and Benefits Act 1992, or a letter confirming that the applicant is entitled to housing benefit, within the meaning of section 130 of that Act;
(h)a letter from the Department of Work and Pensions, confirming the applicant’s entitlement to a state pension;
(i)a letter from a school, college, university or other educational institution which confirms the attendance of, or the offer of a place for, the applicant at that institution;
(j)a letter from the Student Loans Company;
(k)an official copy of the land register entry for the relevant address or other proof of title for the relevant address;
(l)a solicitor’s letter confirming the purchase of, or confirmation of the land registry registration of, the relevant address;
(m)a Form P45, Form P60, reference or payslip issued to the applicant by their employer or former employer;
(n)a bank or building society passbook or statement, or a letter from a bank or building society confirming that the applicant has opened an account with that bank or building society;
(o)a credit card statement;
(p)a utility or mobile telephone bill;
(q)a letter from an insurance provider.
(5) In this regulation, “relevant address” means the address provided by the applicant in accordance with section 1C(2)(a)(i), (3)(a)(i) or (4) of the 1985 Act.]
Textual Amendments
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
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: