Representation of the People (Scotland) Regulations 2001

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[F1Annual canvassS

32ZA.—(1) The annual canvass required by section 9D(1) of the 1983 Act must be conducted in accordance with the following paragraphs.

(2) The Electoral Commission must—

(a)design a canvass form;

(b)obtain the approval of the [F2Minister for the Cabinet Office] to the form; and

(c)then make the form available to registration officers.

[F3(2A) Before giving approval for the purposes of sub-paragraph (2)(b), the Minister for the Cabinet Office must consult the Scottish Ministers.]

(3) The canvass form in paragraph (2) must—

(a)require the full name and nationality of each person aged 16 and over who is eligible to register and is residing at the address to which the form is given;

(b)require an indication as to whether—

(i)there is no one residing at the address;

(ii)the address is solely of business premises;

(iii)none of the people residing at the address is entitled to be registered by reason of their nationality, together with a statement of their nationalities;

(iv)none of the people residing at the address is entitled to be registered for any reason other than their nationality and a statement of why they are not so entitled;

(c)include space for a bar code, local authority reference number and security code unique to each form;

(d)include a statement that the occupier or (if there is no occupier or it is not reasonably practicable for the occupier to provide the required information) the person in charge of the premises, must provide the required information to the registration officer for the area which includes the address to which the form was delivered, and the manner in which the recipient may do so;

(e)include an explanation of the requirements for entitlement to register to vote and state that this form is not an application to register;

[F4(f)include a statement that the information provided in response to the form will be processed in accordance with [F5the data protection legislation];]

(g)include a statement that failure to provide the information required by the canvass form to the registration officer may be an offence and a statement of the maximum penalty for that offence;

(h)include a statement that it is an offence to provide false information to the registration officer, and a statement of the maximum penalty for that offence;

(i)include a F6... declaration that the information provided is true, to be made by a named person at the address to which the form is given and includes an indication, if the person who is [F7making the declaration] is not resident at the address, of the capacity in which [F8they are making it];

(j)include space for the email address and telephone number or numbers of each person residing at the address who is entitled to register to vote and an explanation that provision of this information is not mandatory;

(k)include space for the registration officer to provide local authority information and details of how the registration officer may be contacted;

(l)include the web site address of the digital service; and

(m)require the date of completion of the form.

[F9(3A) In relation to the registration of local government electors, the canvass form in paragraph (2) must also—

(a)require the full name and nationality of each person aged 14 or 15 who is eligible to register and is residing at the address to which the form is given, and

(b)in relation to any such person named in the form, require the person's date of birth to be included.]

(4) [F10Subject to paragraphs (4A) and (4B),] each registration officer must send a canvass form in the form designed by the Electoral Commission to each residential address in the area for which the officer acts and the canvass form must be accompanied by a pre-addressed reply envelope, the postage of which has been prepaid.

[F11(4A) Where, during the period beginning with 1st July in each year and ending with the day in that year (or where section 13(1A) of the 1983 Act applies, on or before 1st February in the following year) on which the registration officer publishes a revised version of the register of parliamentary electors under section 13(1) of the 1983 Act—

(a)the registration officer receives an application under section 10ZC or 10ZD of the 1983 Act;

(b)the application contains information provided by the applicant in accordance with regulation 26(3)(eb) which indicates that the applicant is the only person aged 14 or over resident at the address in respect of which the application is made; and

(c)the registration officer determines that the applicant is entitled to be registered in respect of that address;

the registration officer is not required (if the officer has not done so already), under paragraph (4), to send a canvass form to that address as part of the annual canvass for that year.

(4B) Where, outside the period specified in paragraph (4A)—

(a)the registration officer receives an application under section 10ZC or 10ZD of the 1983 Act;

(b)that application contains information provided by the applicant in accordance with regulation 26(3)(eb) which indicates that the applicant is the only person aged 14 or over resident at the address in respect of which the application is made; and

(c)the registration officer determines that the applicant is entitled to be registered in respect of that address;

the registration officer is not required under paragraph (4), to send a canvass form to that address as part of the next annual canvass that the registration is required to conduct under section 9D of the 1983 Act.]

(5) Before sending a canvass form under paragraph (4), the registration officer must, if practicable, print on the form any information required by the canvass form which the officer already holds in respect of each person who is registered at the address to which the canvass form is provided, with the exception of persons registered as mentioned in section 9D(6) of the 1983 Act.

[F12(5A) In relation to the registration of local government electors, the registration officer must not, under paragraph (5), print on the form the date of birth of any person aged under 16.]

(6) Where the registration officer has printed on the canvass form information in accordance with paragraph (5) the registration officer must include on the canvass form—

(a)an explanation of what the edited register is, using the short version of the form of words, which is prescribed in regulation 47 of, and Schedule 3 to, the Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013;

(b)an indication of whether the name and address of each person, who is currently registered as an elector in respect of that address, are omitted from the edited register; and

(c)an indication that the person should contact their registration officer if they wish to request that their name and address be included in or omitted from the edited register, as the case may be, and an explanation that return of the canvass form will not constitute a request for the purpose of regulation 93A.]

Textual Amendments

F1Regs. 32ZA-32ZI 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)(c), 22 (as amended by S.I. 2014/1250, regs. 1, 4)

F2Words in reg. 32ZA(2)(b) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 34(2)(g) (with art. 12)

F3Reg. 32ZA(2A) inserted (18.5.2017) by The Scotland Act 2016 (Consequential and Saving Provisions) Regulations 2017 (S.I. 2017/602), regs. 1, 7

F4Reg. 32ZA(3)(f) substituted (4.3.2015) by The Representation of the People (Scotland) (Amendment) Regulations 2015 (S.I. 2015/450), regs. 1, 5

F5Words in reg. 32ZA(3)(f) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 269 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F6Word in reg. 32ZA(3)(i) omitted (4.3.2015) by virtue of The Representation of the People (Scotland) (Amendment) Regulations 2015 (S.I. 2015/450), regs. 1, 6(a)

F7Words in reg. 32ZA(3)(i) substituted (4.3.2015) by The Representation of the People (Scotland) (Amendment) Regulations 2015 (S.I. 2015/450), regs. 1, 6(b)

F8Words in reg. 32ZA(3)(i) substituted (4.3.2015) by The Representation of the People (Scotland) (Amendment) Regulations 2015 (S.I. 2015/450), regs. 1, 6(c)

F9Reg. 32ZA(3A) inserted (25.7.2015) by Scottish Elections (Reduction of Voting Age) Act 2015 (asp 7), ss. 2(2)(a), 21

F10Words in reg. 32ZA(4) inserted (27.4.2017) by The Representation of the People (Scotland) (Amendment) Regulations 2017 (S.I. 2017/604), regs. 1, 6(a)

F11Reg. 32ZA(4A)(4B) inserted (27.4.2017) by The Representation of the People (Scotland) (Amendment) Regulations 2017 (S.I. 2017/604), regs. 1, 6(b)