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Version Superseded: 08/02/2008
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Representation of the People (Scotland) Regulations 2001, Section 85 is up to date with all changes known to be in force on or before 20 August 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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85.—(1) The returning officer shall satisfy himself that the [F1postal voting statement] has been duly signed by the voter and authenticated by a witness who has signed the [F2statement] and given his address (referred to as a “valid [F1postal voting statement]”).
(2) Where the returning officer is not so satisfied, he shall mark the [F2statement] “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 [F2statement] 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 [F1postal voting statement] against the number (or numbers) on the ballot paper envelope and, where they are the same, he shall place the [F2statement] and the ballot paper envelope respectively in the receptacle for [F1postal voting statements] and the receptacle for ballot paper envelopes.
[F3(5) Where–
(a)the number (or numbers) on a valid [F1postal voting statement] is (or are) not the same as the number (or numbers) on the ballot paper envelope, or
(b)that envelope has no number on it (or only one number when the [F1postal voting statement] has more than one),
the returning officer shall open the envelope.
(6) Paragraph (7) below applies where–
(a)there is a valid [F1postal voting statement] but no ballot paper envelope, or
(b)the ballot paper envelope has been opened under regulation 84(3) or paragraph (5) above.
(7) In the circumstances described in paragraph (6) above, the returning officer shall place–
(a)in the postal ballot paper box, any ballot paper the number on which is the same as the number (or one of the numbers) on the valid [F1postal voting statement];
(b)in the receptacle for rejected votes, any other ballot paper, with the valid [F1postal voting statement] attached and marked “provisionally rejected”;
(c)in the receptacle for rejected votes, any valid [F1postal voting statement] marked “provisionally rejected” where–
(i)there is no ballot paper, or
(ii)in the case of a [F2statement] on which the number of more than one ballot paper appears, there is not a sufficient number of ballot papers and, in such a case, shall mark the [F2statement] to indicate which ballot paper is missing;
(d)in the receptacle for [F1postal voting statements], any valid [F2statement] not disposed of under sub-paragraph (b) or (c) above.]
Textual Amendments
F1Words in Regulations substituted (with effect in accordance with reg. 1(2)(3)(c) of the amending S.I.) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 54(a)
F2Word in reg. 85(1)-(4), (7) substituted (with effect in accordance with reg. 1(2)(3)(c) of the amending S.I.) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 54(b)(ii)
F3Reg. 85(5)-(7) substituted (1.8.2002) by Representation of the People (Scotland) (Amendment) Regulations 2002 (S.I. 2002/1872), regs. 2(1), 13
Commencement Information
I1Reg. 85 in force at 16.2.2001, see reg. 1(1)
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