Representation of the People (Scotland) Regulations 2001

Changes to legislation:

Representation of the People (Scotland) Regulations 2001, Section 3 is up to date with all changes known to be in force on or before 30 November 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.

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Changes and effects yet to be applied to Regulation 3:

reg. 31I(3)(t) inserted by S.I. 2022/1382 reg. 39(2)

Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

reg. 31I(3)(t) inserted by S.I. 2022/1382 reg. 39(2)

InterpretationS

3.—(1) For the purposes of these Regulations, unless the context otherwise requires–

1983 Act means the Representation of the People Act 1983(1);

1985 Act means the Representation of the People Act 1985(2);

2000 Act means the Representation of the People Act 2000(3);

[F1“Article 89 GDPR purposes” means the purposes mentioned in Article 89(1) of [F2the UK GDPR] (archiving in the public interest, scientific or historical research and statistics);]

“available for inspection” means available for inspection during ordinary office hours;

“British Council employee” means a person employed by the British Council in a post outside the United Kingdom;

“candidate” means–

(a)

[F3in relation to a parliamentary election has the same meaning as in section 118A(2) of the 1983 Act]

(b)

in relation to a local government election, a person having been nominated or having declared himself a candidate for election to the office to be filled at the election;

[F4“certificate of anonymous registration” means a certificate issued in pursuance of regulation 45F;]

“Crown servant” means a person who is employed in a post falling within the class or description set out in regulation 14 below;

[F5“data” means information which is recorded with the intention that it should be processed by means of equipment operating automatically in response to instructions given for that purpose;]

[F6“data form” means information which is in a form which is capable of being processed by means of equipment operating automatically in response to instructions given for that purpose;]

[F1“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);]

[F7“digital service” means the Individual Electoral Registration Digital Service, which is the digital service provided by the Secretary of State for [F8Housing, Communities and Local Government] for (amongst other purposes) the purpose of—

(a)

processing online applications under sections 10ZC and 10ZD of the 1983 Act and online relevant absent voting applications,

(b)

verifying information under regulations 29ZA [F9, 29ZAA, 29ZAB] and 56B, and

(c)

data matching under regulation 32ZBB in respect of the annual canvass for a register;]

[F6“edited register” has the meaning given in regulation 92(1) below;]

F10...

[F6“full register” has the meaning given in regulation 93(1) below;]

F11...

[F12“left behind postal voting document” is a postal voting document relating to a parliamentary election that is left behind at a polling station or left for the returning officer without being handed in and for which no return of postal voting documents form has been completed;]

“list of overseas electors” means the list prepared under regulation 45 below;

“overseas elector” means a person who has made an overseas elector’s declaration and is registered or entitled to be registered as a parliamentary elector in pursuance of it;

[F13“previous registration condition” has the same meaning as in section 1A(2) of the 1985 Act;

“previous residence condition” has the same meaning as in section 1A(3) of the 1985 Act;]

“register” means the register of electors; and

[F14“registration area” means the area for which a registration officer acts;]

“registration officer” means the electoral registration officer.

[F15“relevant absent voting application” has the meaning given in paragraph 1A(7)(a)(i) of Schedule 2 to the 1983 Act;]

[F16“relevant contact details” means—

(a)

an email address;

(b)

a telephone number; or

(c)

an electronic identifier unique to the individual.]

[F17“renewal declaration” means a declaration made under and in accordance with section 1E of the 1985 Act;]

[F12“return of postal voting documents form” has the meaning given in regulation 79A;]

[F18“the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018;]

(2) A reference in these Regulations to a numbered rule in the elections rules shall be construed as a reference–

(a)to the rule of that number in the parliamentary elections rules in Schedule 1 to the 1983 Act in the case of a parliamentary election, or

(b)except in the case of Part V of these Regulations, to the corresponding rule in the rules made under section 42 of the 1983 Act in the case of a local government election.

(3) A reference in these Regulations to a form identified by means of a letter shall be construed as a reference to the form so identified in Schedule 3 to these Regulations.

[F19(3A) For the purposes of regulations 26, 26A, 26B, F20... F21... 32ZE, 32ZF, 32ZG and 32ZH a document may be given to a person—

(a)by delivering it to the person;

(b)by leaving it at the person’s address; or

(c)by sending it to the person by post.]

[F22(3B) The following documents may be transmitted by an applicant to a registration officer by electronic means—

(a)a document provided in accordance with regulation 18(8)(b), 24(2A) or 26(9B) or (9C);

(b)in relation to an application to which regulation 26A applies which is made by an applicant who is registered in pursuance of an overseas elector’s declaration, a document provided in accordance with regulation 26A(4);

(c)in relation to an application made in pursuance of an overseas elector’s declaration, a document provided in accordance with regulation 26B(2) to (4);

(d)a document provided in accordance with regulations 26C to 26H or 26J;

(e)in relation to an application to which regulation 31G applies which is made by an applicant who is, or who has applied to be, registered in pursuance of an overseas elector’s declaration, a document provided in accordance with regulation 31G(3);

(f)a document provided in accordance with regulation 51(9) or 56C.]

(4) In the application of these Regulations to the registers which are required to be published not later than 15th February 2001 by section 13(1) of the 1983 Act, as enacted, references to the publication of the revised version are to be read as references to the publication of the register.

Textual Amendments

F1Words in reg. 3(1) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 266 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F2Words in reg. 3(1) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 35(2) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)

F3Words in reg. 3(1) substituted (1.8.2002) by Representation of the People (Scotland) (Amendment) Regulations 2002 (S.I. 2002/1872), regs. 2(1), 5(2)

F4Words in reg. 3(1) inserted (1.4.2007) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 2

F5Words in reg. 3(1) substituted (4.5.2001) by The Representation of the People (Scotland) (Amendment) Regulations 2001 (S.I. 2001/1749), regs. 1(1), 3

F6Words in reg. 3(1) inserted (with effect in accordance with reg. 2(3) of the amending S.I.) by Representation of the People (Scotland) (Amendment) Regulations 2002 (S.I. 2002/1872), regs. 2(2), 5(3)(4)

F7Words in reg. 3(1) substituted (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 8(2)(a)(i)

F8Words in reg. 3(1) 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(2) (with art. 7)

F9Words in reg. 3(1) inserted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 8(2)(a)(i)

F10Words in reg. 3(1) revoked (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 2 (as amended by S.I. 2019/1389, regs. 1, 2(2))

F11Words in reg. 3(1) omitted (31.12.2020) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 35(3) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)