Representation of the People (Scotland) Regulations 2001

[F1 Overseas elector: power to request additional evidence of previous residence S

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

F1 Regs. 26C-26J inserted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 10(8) (with Sch. 2 para. 2(d))