Representation of the People (Scotland) Regulations 2001

[F1 Requiring a person to make an application for registration S

32ZE.— (1) Where a registration officer requires a person to make an application for registration by a specified date under section 9E(4) of the 1983 Act, the registration officer must give the person notice in writing of the requirement.

(2) A registration officer may not require a person to apply for registration unless—

(a) the registration officer has taken the last of the steps required by regulation 32ZD;

(b) the registration officer has established that the person—

(i) has received an invitation to apply for registration;

(ii) has been informed how to make an application for registration; and

(iii) has been informed that the registration officer may impose a civil penalty if the person is required to make an application but does not do so; and

(c) the registration officer has established that the person is resident at the address [F2 in respect of which] the invitations to apply for registration were given.

(3) A notice under paragraph (1) must state—

(a) the date by which the person must make an application for registration;

(b) that, if the person does not make an application by that date, the registration officer may impose a civil penalty on that person;

(c) the amount of any such civil penalty and the rate of interest payable if the penalty is not paid on time;

(d) that, if the person is not entitled to be registered, they must, before the date in sub-paragraph (a), inform the registration officer of that fact and explain why they are not so entitled, and the person is not required to make an application for registration;

(e) that, if the person is registered at another address, they must, before the date in sub-paragraph (a), inform the registration officer of that fact and provide that address, and the person is not required to make an application for registration;

(f) that the person may make other representations before the date in sub-paragraph (a) as to why they should not be required to make an application to register by the specified date, or why a civil penalty should not be imposed if they do not do so.

[F3 (3A) In relation to the registration of local government electors, the following provisions of this regulation do not apply in the case of a person who is under the age of 16—

(a) paragraphs (2)(b)(iii) and (3)(b) and (c),

(b) paragraph (3)(f), so far as requiring a notice to state that the person may make representations about why a civil penalty should not be imposed.]

(4) The registration officer must give with the notice an application form in the form designed by the Electoral Commission under regulation 26(3) on which the registration officer has, if practicable, printed the full name and address of the person.

(5) A registration officer must cancel a requirement to make an application for registration, and give the person concerned notice in writing of the cancellation, if—

(a) the registration officer is satisfied that the person is not entitled to be registered at the address [F4 in respect of which] the invitations to register were given; or

(b) the registration officer is satisfied that the person is registered at a different address; or

(c) any of the requirements in paragraph (2) has not been met.

(6) A registration officer may cancel a requirement to make an application for registration if the registration officer considers it appropriate to do so and must give the person concerned notice in writing of the cancellation.]

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 Words in reg. 32ZE(2)(c) substituted (27.4.2017) by The Representation of the People (Scotland) (Amendment) Regulations 2017 (S.I. 2017/604), regs. 1, 10

F3 Reg. 32ZE(3A) inserted (25.7.2015) by Scottish Elections (Reduction of Voting Age) Act 2015 (asp 7), ss. 3(4), 21

F4 Words in reg. 32ZE(5)(a) substituted (27.4.2017) by The Representation of the People (Scotland) (Amendment) Regulations 2017 (S.I. 2017/604), regs. 1, 10