Representation of the People (Scotland) Regulations 2001

Procedure for determining applications for registration and objections without a hearing S

29.—(1) A registration officer shall discharge his functions of determining an application for registration under section 10A(1) or 13A(1)(a) of the 1983 Act and an objection under section 10A(3) of that Act in accordance with this regulation and regulations 30 and 31 below.

(2) The registration officer shall keep separate lists of applications for registration and objections and shall–

(a) on receipt of an application, forthwith enter in the list of applications the name of the applicant and the address claimed as his qualifying address,

(b) on receipt of an objection, forthwith enter in the list of objections the name and qualifying address of the objector together with the particulars referred to in sub-paragraph (a) above, and

(c) also forthwith enter particulars of the objection in the list of applications.

In this paragraph “qualifying address” includes the address specified in an overseas elector’s declaration in accordance with section 2(4)(b) or (c)(ii) of the 1985 Act(1).

(3) The registration officer may ask for further information and take no further action until such information is supplied, if he is of the opinion that the particulars given in the application or objection are insufficient.

(4) The registration officer may allow an application without a hearing provided that no objection is made within five days of the entry of the application in the list of applications.

(5) The registration officer may disallow an objection if he is of the opinion that the objector is not entitled to object or the objection was made after the period referred to in paragraph (4) above has expired; and he shall so inform the objector.

(6) The registration officer may send to the applicant or objector a notice stating his opinion that an application or objection cannot be allowed because–

(a) the matter has been concluded by the decision of a court, or

(b) the particulars given in the application or objection do not entitle the applicant or objector to succeed.

(7) In cases to which paragraph (6) applies, the registration officer shall state the grounds for his opinion and that he intends to disallow the application or objection unless that person gives the registration officer notice within three days from the date of the registration officer’s notice that he requires the application or objection to be heard; and if he receives no such notice within that time, he may disallow the application or objection.

Commencement Information

I1 Reg. 29 in force at 16.2.2001, see reg. 1(1)

(1)

Section 2 was substituted by Schedule 2 to the 2000 Act.