Representation of the People (Scotland) Regulations 2001

[F1 [F2 Summary procedure for determining in specified circumstances person has ceased to satisfy conditions for registration S

31C.— (1) In any of the circumstances specified in paragraph (2) the registration officer may make a determination under section 10ZE of the 1983 Act in respect of an elector without following the procedure set out in regulations 31D to 31F.

(2) The circumstances specified in this paragraph are where F3 ...—

(a) the registration officer has received information either through the digital service or from another registration officer that—

(i) the elector has made an application under section 10ZC or 10ZD of the 1983 Act in respect of an address which is different from the one in respect of which they are registered;

(ii) in that application the elector has in accordance with regulation 26(1)(c) identified the address in respect of which they are registered as being an address at which they have ceased to reside; and

the relevant registration officer has determined that the person should be entered on the register maintained by that officer; or

(b) the registration officer—

(i) has information from at least two sources that support such a determination;

(ii) has been provided with a death certificate in respect of the elector; or

(iii) has been notified by the registrar of births and deaths that the elector has died [F4 ; or]

[F5 (c) the registration officer has not received the information referred to in paragraph (2)(b)(ii) or (iii) but—

(i) has determined that the elector has died after inspecting records kept by—

(aa) the council by which the registration officer was appointed; or

(bb) a person providing services to, or authorised to exercise any function of, that council;

(ii) has received information from the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the elector, which allows the registration officer to determine that the elector has died;

(iii) has received information as a result of the annual canvass required by section 9D of the 1983 Act, which allows the registration officer to determine that the elector has died; or

(iv) has received information from a person managing a care home where the elector was resident, which allows the registration officer to determine that the elector has died.]

[F6 (2A) The information referred to in paragraph (2)(c)(ii) and (iv) may be provided in person, by telephone or in writing and must include—

(a) the full name and address of the elector who has died;

(b) the full name and address of the person providing the information and, in the case of information received under paragraph (2)(c)(ii), that person’s relationship to the elector; and

(c) a statement that the person providing the information is aware of the penalty for providing false information to a registration officer.

(2B) Where the information referred to in paragraph (2)(c)(ii) and (iv) has been provided in person or by telephone by virtue of paragraph (2A), the registration officer must record that information in writing or in data form.]

[F7 (3) In this regulation—

“care home” means a care home service registered under Part 5 of the Public Services Reform (Scotland) Act 2010 and “care home service” has the meaning given to it by paragraph 2 of schedule 12 of that Act;

“elector” means a person who is duly entered in a register in respect of an address.]]]

Textual Amendments

F1 Regs. 31B-31F inserted (1.4.2007) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 11

F2 Reg. 31C substituted (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), 17

F3 Word in reg. 31C(2) omitted (1.7.2018) by virtue of The Representation of the People (Scotland) Amendment Regulations 2018 (S.S.I. 2018/89), regs. 1(3), 4(a) (with reg. 1(4)); S.I. 2018/427, regs. 1(3), 4(a) (with reg. 1(4))

F4 Word in reg. 31C(2)(b) inserted (1.7.2018) by The Representation of the People (Scotland) Amendment Regulations 2018 (S.S.I. 2018/89), regs. 1(3), 4(b) (with reg. 1(4)); S.I. 2018/427, regs. 1(3), 4(b) (with reg. 1(4))

F5 Reg. 31C(2)(c) inserted (1.7.2018) by The Representation of the People (Scotland) Amendment Regulations 2018 (S.S.I. 2018/89), regs. 1(3), 4(c) (with reg. 1(4)); S.I. 2018/427, regs. 1(3), 4(c) (with reg. 1(4))

F6 Reg. 31C(2A)(2B) inserted (1.7.2018) by The Representation of the People (Scotland) Amendment Regulations 2018 (S.S.I. 2018/89), regs. 1(3), 4(c) (with reg. 1(4)); S.I. 2018/427, regs. 1(3), 4(c) (with reg. 1(4))

F7 Reg. 31C(3) substituted (1.7.2018) by The Representation of the People (Scotland) Amendment Regulations 2018 (S.S.I. 2018/89), regs. 1(3), 4(d) (with reg. 1(4)); S.I. 2018/427, regs. 1(3), 4(d) (with reg. 1(4))