Representation of the People (Scotland) Regulations 2001

[F1 [F2 Verification of information provided in an application made pursuant to an overseas elector’s declaration S

29ZAA.— (1) This regulation applies to an application for registration under section 10ZC of the 1983 Act made pursuant to an overseas elector’s declaration.

(2) On receipt of an application made otherwise than through the digital service, a registration officer must disclose the applicant’s name, relevant address, date of birth and national insurance number (“the first stage information”) to the Secretary of State for [F3 Housing, Communities and Local Government] in such format and through such an infrastructure system as the Secretary of State for [F3 Housing, Communities and Local Government] may have notified to the registration officer in writing.

(3) Following receipt of the first stage information from the registration officer or (in the case of an application made through or partially completed using the digital service) from an applicant, the Secretary of State for [F4 Housing, Communities and Local Government] may disclose the first stage information to the Secretary of State for Work and Pensions.

(4) Where the first stage information has been disclosed to the Secretary of State for Work and Pensions under paragraph (3) the Secretary of State for Work and Pensions may compare it against—

(a) the name, address, date of birth and national insurance number of individuals appearing in the following types of data kept by the Secretary of State—

(i) data kept for the purposes of functions relating to social security (including such information kept on behalf of the Department for Social Development), and

(ii) data relating to working tax credit, child tax credit and child benefit (being information kept on behalf of His Majesty’s Revenue and Customs);

(b) any other information contained in such types of data which relates to the information disclosed under paragraph (3).

(5) The Secretary of State for Work and Pensions may disclose the results of the comparison of the first stage information (“the second stage information”) to the Secretary of State for [F5 Housing, Communities and Local Government].

(6) On receipt of the second stage information, the Secretary of State for [F6 Housing, Communities and Local Government] may disclose that information—

(a) to the Secretary of State for Work and Pensions, or

(b) to the registration officer to whom the application has been made or, as the case may be, to whom the Secretary of State has sent the application under regulation 26(11).

(7) Paragraph (4) applies to the second stage information where it has been disclosed to the Secretary of State for Work and Pensions under paragraph (6)(a) as it applies to the first stage information disclosed under paragraph (3).

(8) The Secretary of State for Work and Pensions may disclose the results of the comparison of the second stage information (“the third stage information”) to the Secretary of State for [F7 Housing, Communities and Local Government].

(9) On receipt of the third stage information, the Secretary of State for [F8 Housing, Communities and Local Government] may—

(a) compare the third stage information against the information provided in the application, and

(b) notify the registration officer to whom the application has been made or, as the case may be, to whom the Secretary of State has sent the application under regulation 26(11), as to whether the comparison in sub-paragraph (a) resulted in a match.

(10) The registration officer must take into account any information disclosed by, or notification received from, the Secretary of State for [F9 Housing, Communities and Local Government] in accordance with this regulation when determining the application.

(11) In paragraph (2)—

(a) the applicant’s “name” means—

(i) the name provided by the applicant in accordance with section 1C(1)(a) of the 1985 Act, and

(ii) any name provided in accordance with regulation 18(3)(a) or 26(3)(ea);

(b) “infrastructure system” has the meaning given in Schedule 3A to the Communications Act 2003;

(c) “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. 29ZA, 29ZB inserted (10.6.2014) by The Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3206), regs. 1(5)(b), 14

F2 Regs. 29ZAA, 29ZAB inserted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 10(10) (with Sch. 2 para. 2(d))

F3 Words in reg. 29ZAA(2) substituted (30.10.2024) by The Transfer of Functions (Secretary of State for Housing, Communities and Local Government) Order 2024 (S.I. 2024/991), art. 1(2), Sch. para. 17(4)(a) (with art. 7)

F4 Words in reg. 29ZAA(3) substituted (30.10.2024) by The Transfer of Functions (Secretary of State for Housing, Communities and Local Government) Order 2024 (S.I. 2024/991), art. 1(2), Sch. para. 17(4)(b) (with art. 7)

F5 Words in reg. 29ZAA(5) substituted (30.10.2024) by The Transfer of Functions (Secretary of State for Housing, Communities and Local Government) Order 2024 (S.I. 2024/991), art. 1(2), Sch. para. 17(4)(b) (with art. 7)

F6 Words in reg. 29ZAA(6) substituted (30.10.2024) by The Transfer of Functions (Secretary of State for Housing, Communities and Local Government) Order 2024 (S.I. 2024/991), art. 1(2), Sch. para. 17(4)(b) (with art. 7)

F7 Words in reg. 29ZAA(8) substituted (30.10.2024) by The Transfer of Functions (Secretary of State for Housing, Communities and Local Government) Order 2024 (S.I. 2024/991), art. 1(2), Sch. para. 17(4)(b) (with art. 7)

F8 Words in reg. 29ZAA(9) substituted (30.10.2024) by The Transfer of Functions (Secretary of State for Housing, Communities and Local Government) Order 2024 (S.I. 2024/991), art. 1(2), Sch. para. 17(4)(b) (with art. 7)

F9 Words in reg. 29ZAA(10) substituted (30.10.2024) by The Transfer of Functions (Secretary of State for Housing, Communities and Local Government) Order 2024 (S.I. 2024/991), art. 1(2), Sch. para. 17(4)(b) (with art. 7)