Representation of the People (Scotland) Regulations 2001

[F1 Overseas electors: power to require additional evidence as to declaration of local connection S

26G.— (1) This regulation applies where—

(a) a person makes an application under section 10ZC of the 1983 Act in pursuance of an overseas elector’s declaration (“the applicant”) in reliance upon the previous registration condition,

(b) the applicant claims that the registration referred to in section 1A(2)(a) of the 1985 Act was—

(i) in pursuance of a declaration under section 7B of the 1983 Act (declaration of local connection), or

(ii) in pursuance of an overseas elector’s declaration made in reliance upon the previous registration condition, where paragraph (i) of this sub-paragraph or paragraph (2)(a) applies to the registration referred to in section 1A(2)(a) of the 1985 Act in respect of that declaration,

(c) the registration officer has required the applicant to provide additional evidence in accordance with regulation 26D, and

(d) the registration officer considers that additional evidence is necessary in order to satisfy the registration officer that the applicant was previously entered in an electoral register in respect of the relevant address, including where the applicant is unable to provide the evidence required under regulation 26D(2).

(2) This regulation also applies where—

(a) a person makes an application under section 10ZC of the 1983 Act in pursuance of an overseas elector’s declaration (“the applicant”) in reliance upon the previous residence condition by virtue of section 1A(3)(b)(ii) of the 1985 Act,

(b) the registration officer has required the applicant to provide additional evidence in accordance with regulation 26D, and

(c) the registration officer considers that additional evidence is necessary in order to satisfy the registration officer that, on the last date that the applicant was resident in the United Kingdom, section 7B of the 1983 Act applied to the applicant, including where the applicant is unable to provide the evidence required under regulation 26D(2).

(3) The registration officer may require that the applicant—

(a) give the registration officer a copy, or where the registration officer considers it appropriate, the original, of any document which—

(i) bears the full name of the applicant, as provided in accordance with section 1C(1)(a) of the 1985 Act or regulation 18(3)(a), and

(ii) confirms that the applicant met the local connection requirement;

(b) give an attestation of local connection which must—

(i) confirm on which basis the applicant met the local connection requirement, and

(ii) give an indication of the dates between which, to the best of the qualifying attestor’s knowledge, the applicant met the requirement.

(4) The local connection requirement is—

(a) where section 7B(2)(a) of the 1983 Act applied to the applicant, that—

(i) the applicant was a patient in a mental hospital (within the meaning of that section), and

(ii) section 3A of the 1983 Act (disenfranchisement of offenders detained in mental hospitals) or section 7A of the 1983 Act (residence: persons remanded in custody etc.) did not apply to the applicant;

(b) where section 7B(2)(b) of the 1983 Act applied to the applicant, that—

(i) the applicant was detained at any place pursuant to a relevant order or direction, and

(ii) the applicant was so detained otherwise than after being convicted of any offence or a finding in criminal proceedings that the applicant did the act or made the omission charged;

(c) where section 7B(2)(c) of the 1983 Act applied to the applicant, that the applicant—

(i) was not in legal custody, and

(ii) was not, for the purposes of section 4 of the 1983 Act, resident at any address in the United Kingdom;

(d) where section 7B(2A) of the 1983 Act applied to the applicant, that—

(i) the applicant was under the age of 16 years,

(ii) section 7B(2)(a) to (c) of the 1983 Act did not apply to the applicant, and

(iii) the applicant was either—

(aa) a child who was looked after by a local authority, or

(bb) being kept in secure accommodation;

(e) where section 7B(2D) of the 1983 Act applied to the applicant, that—

(i) the applicant was a convicted person to whom section 3(1A) of the 1983 Act applied, and

(ii) the applicant would not have been entitled to be registered by virtue of residence at any place other than the penal institution in which the applicant was detained.

(5) In paragraph (4)—

(a) for the purposes of sub-paragraphs (a) and (e), it is to be assumed that sections 3(1A), 3A and 7A of the 1983 Act were in force at any relevant time;

(a) in sub-paragraph (b)(i), “relevant order or direction” has the meaning given in section 7A(6) of the 1983 Act;

(b) section 7B(2C) of the 1983 Act applies to sub-paragraph (d) as it applies to section 7B(2B) of that Act.

(6) In this regulation—

“qualifying attestor” has the meaning given in regulation 26I(3);

“relevant address” means the address provided by the applicant in accordance with section 1C(2)(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))