Representation of the People (Scotland) Regulations 2001

[F1 Grounds relating to voter identification S

56A.— (1) For the purposes of this Part, an application is made on grounds relating to voter identification if it is made because the following apply to B—

(a) condition 1, 2, 3 or 4 in this regulation, and

(b) except where B has an anonymous entry on the register, condition 5.

(2) In this regulation, “B” means—

(a) the applicant, where—

(i) the application is made under paragraph 4(2) of Schedule 4, and

(ii) regulation 52(1B) does not apply to the application made under paragraph 6(8) of Schedule 4 which is included in that application under paragraph 4(2);

(b) otherwise, the person already appointed as the applicant’s proxy at the time the application is made.

(3) Condition 1 is that—

(a) immediately before the deadline, B has a specified document which B intends to use to vote in person at a parliamentary election, and

(b) after that deadline, that document is—

(i) lost, stolen, destroyed or damaged so as to be no longer usable as a specified document for the purposes of that election, or

(ii) sent by B to another person to prove B’s identity, and B considers it is unlikely to be returned to B on or before the day of poll at that election.

(4) Condition 2 is that—

(a) at a time during the period of 3 months ending with the deadline, B has applied for a specified document,

(b) immediately before the deadline, B has not received that document, and

(c) the application for the specified document has not been refused or withdrawn.

(5) Condition 3 is that—

(a) B has an anonymous entry on the register, and

(b) either—

(i) B has not been issued with an anonymous elector’s document, or

(ii) B has been issued with an anonymous elector’s document, and after the deadline B is allocated an electoral number which is different from the one shown on that document other than as a result of an application under section 9B of the 1983 Act (anonymous registration).

(6) Condition 4 is that—

(a) B has a temporary electoral identity document which is valid for use on the day of poll at a parliamentary election, and

(b) before B is able to vote in person at that election using that document, proceedings at B’s polling station are adjourned in accordance with rule 42 of the elections rules (adjournment of poll in case of riot).

(7) Condition 5 is that B does not have access to another specified document.

(8) In this regulation—

(a) “anonymous elector’s document” and “temporary electoral identity document” have the meanings given in regulation 3(1) of the Voter Identification Regulations 2022;

(b) the “deadline” means the time stated in regulation 56(2) or (3) after which, ignoring any other paragraphs in that regulation, an application under paragraph 4(2) or 6(7) or (8) of Schedule 4 must be disregarded or refused (as the case may be) by a registration officer;

(c) “specified document” has the meaning given in rule 37(1H) and (1K) of the elections rules.]

Textual Amendments

F1 Reg. 56A inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 39(8) (with reg. 1(6)(7))