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Representation of the People (Scotland) Regulations 2001
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Changes over time for: Section 85
Version Superseded: 01/08/2002
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Procedure in relation to declarations of identityS
85.—(1) The returning officer shall satisfy himself that the declaration of identity has been duly signed by the voter and authenticated by a witness who has signed the declaration and given his address (referred to as a “valid declaration of identity”).
(2) Where the returning officer is not so satisfied, he shall mark the declaration “rejected”, attach to it the ballot paper envelope, or if there is no such envelope, the ballot paper (or ballot papers), and, subject to paragraph (3) below, place it in the receptacle for rejected votes.
(3) Before placing the declaration in the receptacle for rejected votes, the returning officer shall show it to the agents and, if any of them object to his decision, he shall add the words “rejection objected to”.
(4) The returning officer shall then examine the number (or numbers) on the declaration of identity against the number (or numbers) on the ballot paper envelope and, where they are the same, he shall place the declaration and the ballot paper envelope respectively in the receptacle for declarations of identity and the receptacle for ballot paper envelopes.
(5) Where there is a valid declaration of identity but no ballot paper envelope, or where the envelope has been opened under regulation 84(3) above, he shall place–
(a)in the postal ballot box, any ballot paper the number on which is the same as the number (or one of the numbers) on the declaration of identity;
(b)in the receptacle for rejected votes, any other ballot paper, to which shall be attached the declaration of identity marked “provisionally rejected”; and
(c)in the receptacle for declarations of identity, any declaration of identity not disposed of under sub-paragraph (b) above.
(6) Where the number (or numbers) on a valid declaration of identity is (or are) not the same as the number (or numbers) on the ballot paper envelope or where that envelope has no number on it (or only one number where the declaration of identity has more than one), the returning officer shall open the envelope.
(7) Where an envelope has been opened under regulation 84(3) above or paragraph (6) above, the returning officer shall–
(a)place in the postal ballot box any ballot paper the number on which is the same as the number (or one of the numbers) on the valid declaration of identity;
(b)place in the receptacle for rejected votes any other ballot paper, to which shall be attached the declaration of identity marked “provisionally rejected”;
(c)place in the receptacle for rejected votes any declaration of identity marked “provisionally rejected” in respect of a ballot paper envelope–
(i)which does not contain a ballot paper; or
(ii)which does not contain a sufficient number of ballot papers if more than one number appears on the declaration,
and shall indicate the missing ballot paper, where that is the case; and
(d)place in the receptacle for declarations of identity, any such declaration not disposed of under sub-paragraph (b) or (c) above.
Commencement Information
I1Reg. 85 in force at 16.2.2001, see reg. 1(1)
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