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Version Superseded: 01/04/2007
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Representation of the People (Scotland) Regulations 2001, Section 56 is up to date with all changes known to be in force on or before 28 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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56.—(1) An application under paragraph [F13(1), (6) or (7), or 7(4)] of Schedule 4 shall be disregarded for the purposes of a particular parliamentary or local government election and an application under paragraph 4(3) of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the eleventh day before the date of the poll at that election.
(2) An application under paragraph [F23(2) or 6(7)] of Schedule 4 shall be disregarded for the purposes of a particular parliamentary or local government election if it is received by the registration officer after 5 p.m. on the sixth day before the date of the poll at that election.
[F3(3) Subject to paragraph (3A), an application under paragraph 4(2) or 6(8) of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the sixth day before the date of the poll at the election for which it is made.
(3A) Where–
(a)an application under paragraph 4(2) of Schedule 4 is made on the grounds of the applicant’s physical incapacity; and
(b)the applicant became physically incapacitated after 5 p.m. on the sixth day before the date of the poll at the election for which it is made,
the application, or an application under paragraph 6(8) of Schedule 4 made by virtue of that application, shall be refused if it is received after 5 p.m. on the day of the poll at the election for which it is made.]
(4) An application under paragraph [F44(1) or 7(7)] of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the eleventh day before the date of the poll at the election for which it is made.
(5) An application under–
(a)paragraph 3(5)(a) of Schedule 4 by an elector to be removed from the record kept under paragraph 3(4) of that Schedule, or
(b)paragraph 7(9)(a) of Schedule 4 by a proxy to be removed from the record kept under paragraph 7(6) of that Schedule,
and a notice under paragraph 6(10) of that Schedule by an elector cancelling a proxy’s appointment shall be disregarded for the purposes of a particular parliamentary or local government election if it is received by the registration officer after [F55.00 p.m. on the eleventh day before the date of the poll at that election.]
(6) In computing a period of days for the purposes of this regulation, Saturday, Sunday, Christmas Eve, Christmas Day, Maundy Thursday, Good Friday or a bank holiday shall be disregarded.
(7) In paragraph (6) above “bank holiday” means–
(a)in relation to a parliamentary general election, a day which is a bank holiday under the Banking and Financial Dealings Act 1971(1) in any part of the United Kingdom, and
(b)in relation to a parliamentary by election or a local government election, a day which is a bank holiday under that Act in Scotland;
except that where, at a parliamentary general election, any proceedings are commenced afresh by reason of a candidate’s death, sub-paragraph (b) and not (a), shall apply.
[F6(8) In the application of this regulation to a local government election in Scotland–
(a)in paragraph (1) for “3(1), (6) or (7), or 7(4)” substitute “3(6) or (7)”,
(b)in paragraph (2) for “3(2) or 6(7)” substitute “3(1) or (2), or 6(7) or 7(4)”,
(c)for paragraph (3) substitute–
“(3) An application under paragraph 4(1) or (2) or 6(8) of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the sixth day before the date of the pool at the election for which it is made.”,
(d)omit paragraph (3A), and
(e)in paragraph (4) omit “4(1) or”.]
Textual Amendments
F1Words in reg. 56(1) substituted (23.3.2006) by The Representation of the People (Scotland) (Amendment) Regulations 2006 (S.I. 2006/834), regs. 1(1), 6(2)
F2Words in reg. 56(2) substituted (23.3.2006) by The Representation of the People (Scotland) (Amendment) Regulations 2006 (S.I. 2006/834), regs. 1(1), 6(3)
F3Reg. 56(3)(3A) substituted for reg. 56(3) (23.3.2006) by The Representation of the People (Scotland) (Amendment) Regulations 2006 (S.I. 2006/834), regs. 1(1), 6(4)
F4Words in reg. 56(4) substituted (23.3.2006) by The Representation of the People (Scotland) (Amendment) Regulations 2006 (S.I. 2006/834), regs. 1(1), 6(5)
F5Words in reg. 56(5) substituted (4.5.2001) by The Representation of the People (Scotland) (Amendment) Regulations 2001 (S.I. 2001/1749), regs. 1(1), 5
F6Reg. 56(8) inserted (23.3.2006) by The Representation of the People (Scotland) (Amendment) Regulations 2006 (S.I. 2006/834), regs. 1(1), 6(6)
Commencement Information
I1Reg. 56 in force at 16.2.2001, see reg. 1(1)
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