Representation of the People (Scotland) Regulations 2001

[F1 [F2 Annual canvass in respect of particular types of property S

32ZBF.— (1) Paragraph (4) applies where a registration officer has identified a responsible person in respect of a property to which paragraph (2) applies in the area for which the officer is responsible.

(2) Subject to paragraph (3), this paragraph applies to—

(a) a property at which is situated a care home service registered under Part 5 of the Public Services Reform (Scotland) Act 2010, where “care home service” has the meaning given by paragraph 2 of Schedule 12 to that Act;

(b) a house in multiple occupation within the meaning of section 125 of the Housing (Scotland) Act 2006;

(c) a building which is occupied solely or principally by persons who occupy it for the purpose of undertaking a full-time course of further or higher education;

(d) a property—

(i) at which persons reside who together do not form a single household; or

(ii) in respect of which a registration officer has made an attempt to deliver a document in the previous 18 months but has been unable to do so, and

in respect of which a registration officer reasonably believes that conducting the annual canvass in accordance with this regulation is more likely to fulfil its purpose under section 9D(2) of the 1983 Act than if conducted in accordance with any other part of these Regulations.

(3) Paragraph (2)(d) does not apply to a building containing two or more flats which are occupied or intended to be occupied wholly or mainly for residential purposes.

(4) The registration officer may proceed to conduct the annual canvass for that property in respect of a register F3 ... by complying with paragraph (5) [F4 or (5A)] (but see paragraph (7)).

(5) The registration officer must attempt to make contact with the responsible person and must request the following information in respect of each person aged 16 or over who is residing at that property and is eligible to be registered in a register of parliamentary electors—

(a) full name;

(b) nationality.

[F5 (5A) The registration officer must attempt to make contact with the responsible person and must request the following information in respect of each person aged 14 or over who is residing at that property and is eligible to be registered in a register of local government electors—

(a) full name;

(b) nationality;

(c) date of birth.]

(6) A registration officer may comply with paragraph (5) [F6 or (5A)] by any means the registration officer thinks appropriate, including—

(a) by sending a paper communication;

(b) by visiting the property;

(c) by telephone;

(d) by electronic means.

(7) If, after complying with the requirements of paragraph (5) [F7 or (5A)], the registration officer does not receive the information requested within a reasonable time of having made the attempt to contact the responsible person the registration officer must conduct the annual canvass in respect of that property in accordance with regulation 32ZBD.

(8) For the purposes of this regulation “responsible person” means any person who lawfully holds or has access to, and may lawfully disclose to the registration officer, any of the information in paragraph (5) [F8 or (5A)] in relation to the residents of a property to which paragraph (2) applies.]]

Textual Amendments

F1 Regs. 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)

F2 Regs. 32ZBA-32ZBG inserted (31.12.2019) by The Representation of the People (Annual Canvass) (Amendment) Regulations 2019 (S.I. 2019/1451), regs. 1(3), 18

F3 Words in reg. 32ZBF(4) omitted (27.4.2020) by virtue of The Representation of the People (Annual Canvass) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/113), regs. 1(2), 12(a)(i)

F4 Words in reg. 32ZBF(4) inserted (27.4.2020) by The Representation of the People (Annual Canvass) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/113), regs. 1(2), 12(a)(ii)

F5 Reg. 32ZBF(5A) inserted (27.4.2020) by The Representation of the People (Annual Canvass) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/113), regs. 1(2), 12(b)

F6 Words in reg. 32ZBF(6) inserted (27.4.2020) by The Representation of the People (Annual Canvass) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/113), regs. 1(2), 12(c)

F7 Words in reg. 32ZBF(7) inserted (27.4.2020) by The Representation of the People (Annual Canvass) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/113), regs. 1(2), 12(c)

F8 Words in reg. 32ZBF(8) inserted (27.4.2020) by The Representation of the People (Annual Canvass) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/113), regs. 1(2), 12(c)