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Representation of the People (Scotland) Regulations 2001
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Changes over time for: Section 31J
Version Superseded: 16/01/2024
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[F1Anonymous registration: evidence by attestationS
31J.—(1) An attestation within the meaning of this regulation is prescribed for the purposes of regulations 31G(3) and 31H(2)(a).
(2) The attestation must–
(a)certify that the safety of the applicant, or of another named person of the same household as him, would be at risk if the register contained the name of the applicant or his qualifying address;
(b)state the date on which it is made; and
(c)be in writing and signed by a qualifying officer.
(3) The attestation must state the period for which it has effect, being a period of between one and five years beginning with the date on which the attestation is made.
(4) Qualifying officer means–
(a)[F2a police officer of or above the rank of [F3inspector]] of any police force in England and Wales;
(b)[F4a police officer of or above the rank of [F5inspector]] of [F6the Police Service of Scotland];
(c)[F7a police officer of or above the rank of [F8inspector]] of the Police Service of Northern Ireland;
(d)the Director General of the Security Service;
(e)the Director General of the Serious Organised Crime Agency;
(f)any chief social work officer in Scotland within the meaning of section 3 of the Social Work (Scotland) Act 1968;
(g)any director of adult social services in England within the meaning of section 6(A1) of the Local Authority Social Services Act 1970;
(h)any director of children’s services in England within the meaning of section 18 of the Children Act 2004;
(i)any director of social services in Wales within the meaning of section 6(1) of the Local Authority Social Services Act 1970 [F9;
(j)any director of social services of a Health and Social Services Board established under article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972;
(k)any executive director of social work of a Health and Social Services Trust established under article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991.]
[F10(l)any registered medical practitioner;
(m)any registered nurse or midwife;
(n)any person who manages a refuge.]
[F11(4A) In this regulation “refuge” means accommodation together with a planned programme of therapeutic and practical support for victims of, or those at risk of, domestic abuse or violence.]
[F12(5) In relation to the registration of local government electors, where the applicant is under the age of 16 on the date on which the application is made—
(a)“qualifying officer” also includes a person authorised in writing for the purposes of this regulation by an officer referred to in paragraph (4)(f), and
(b)where the attestation is signed by a person so authorised, the attestation must be accompanied by a copy of the person's authorisation.]]
Textual Amendments
F1Regs. 31G-31J inserted (1.4.2007) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 12 (with reg. 56)
F2Words in reg. 31J(4)(a) substituted (17.3.2009) by The Representation of the People (Amendment) Regulations 2009 (S.I. 2009/725), regs. 1(1), 14(a)
F3Word in reg. 31J(4)(a) substituted (1.4.2018) by The Representation of the People (Scotland) Amendment Regulations 2018 (S.S.I. 2018/89), regs. 1(2), 9(a) (with reg. 1(4)) and The Representation of the People (Scotland) (Amendment) Regulations 2018 (S.I. 2018/427), regs. 1(2), 9(a)
F4Words in reg. 31J(4)(b) substituted (17.3.2009) by The Representation of the People (Amendment) Regulations 2009 (S.I. 2009/725), regs. 1(1), 14(b)
F5Word in reg. 31J(4)(b) substituted (1.4.2018) by The Representation of the People (Scotland) Amendment Regulations 2018 (S.S.I. 2018/89), regs. 1(2), 9(a) (with reg. 1(4)) and The Representation of the People (Scotland) (Amendment) Regulations 2018 (S.I. 2018/427), regs. 1(2), 9(a)
F6Words in reg. 31J(4)(b) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 81
F7Words in reg. 31J(4)(c) substituted (17.3.2009) by The Representation of the People (Amendment) Regulations 2009 (S.I. 2009/725), regs. 1(1), 14(c)
F8Word in reg. 31J(4)(c) substituted (1.4.2018) by The Representation of the People (Scotland) Amendment Regulations 2018 (S.S.I. 2018/89), regs. 1(2), 9(a) (with reg. 1(4)) and The Representation of the People (Scotland) (Amendment) Regulations 2018 (S.I. 2018/427), regs. 1(2), 9(a)
F9Reg. 31J(4)(j)(k) inserted (17.3.2009) by The Representation of the People (Amendment) Regulations 2009 (S.I. 2009/725), regs. 1(1), 14(d)
F10Reg. 31J(4)(l)-(n) inserted (1.4.2018) by The Representation of the People (Scotland) Amendment Regulations 2018 (S.S.I. 2018/89), regs. 1(2), 9(b) (with reg. 1(4)) and The Representation of the People (Scotland) (Amendment) Regulations 2018 (S.I. 2018/427), regs. 1(2), 9(b)
F11Reg. 31J(4A) inserted (1.4.2018) by The Representation of the People (Scotland) Amendment Regulations 2018 (S.S.I. 2018/89), regs. 1(2), 9(c) (with reg. 1(4)) and The Representation of the People (Scotland) (Amendment) Regulations 2018 (S.I. 2018/427), regs. 1(2), 10)
F12Reg. 31J(5) inserted (25.7.2015) by Scottish Elections (Reduction of Voting Age) Act 2015 (asp 7), ss. 7, 21
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