I3SCHEDULE 1ENABLING POWERS

Preamble

Annotations:
Commencement Information
I3

Sch. 1 in force at 16.2.2001, see reg. 1(1)

I3These Regulations are made in exercise of the following powers:

a

sections 10A(7) and (9)44, 13A(1) and (6), 5345 and 201(1) and (3)46 of, rule 2447 of Schedule 1 and Schedule 248 to, the Representation of the People Act 1983 (“the 1983 Act”);

b

sections 3(5), (6) and (7)49 of the Representation of the People Act 1985 (“the 1985 Act”);

c

having regard to the definition of “prescribed” in section 202(1) of the 1983 Act, sections 4(4)50, 9(2)51, 10A(1), (3), (5) and (7), 13(3), 13A(2), 13B(3), 14(1), 16, 56(1) and (5) and 57, 75(3) and 89(1) of, and rules 24, 28(3), 29(3A)52, 32(3) and 45(1B)53 in Schedule 1 to, that Act;

d

having regard to the definition of “prescribed” in section 202(1) of the 1983 Act and section 27(2) of the 1985 Act, section 2(3) of the 1985 Act54;

e

having regard to the definition of “prescribed” in section 202(1) of the 1983 Act and paragraph 1(2) of Schedule 4 to the Representation of the People Act 2000, the following provisions in that Schedule, namely, paragraphs 3(1)(b) and (2)(c), 4(1)(b), (2)(c) and (4)(a), 6(7) and (8) and 7(5)(c) and (7);

f

having regard to the designation55 of the Secretary of State for the purposes of section 2(2) of the European Communities Act 197256 in relation to measures relating to the rights of citizens o f the Union to vote at European Parliamentary elections and local government elections in Scotland, that section 2(2); and

g

paragraph 2(4)(b) of Schedule 1 to the European Parliamentary Elections Act 197857.

I1SCHEDULE 2REVOCATIONS

Regulation 2

Annotations:
Commencement Information
I1

Sch. 2 in force at 16.2.2001, see reg. 1(1)

1

2

3

Regulations revoked

References

Extent of revocation

The Representation of the People (Scotland) Regulations 1986

S.I. 1986/1111

The whole Regulations except–

  1. i

    regulations 1, 4 and 95 to 98, and

  2. ii

    regulations 75, 76 and 78 to 94 insofar as they relate to a local government election58

The Representation of the People (Scotland) Amendment Regulations 1990

S.I. 1990/629

The whole Regulations except regulations 24 and 25 insofar as they relate to a local government election, and regulations 28 to 33

The Representation of the People (Scotland) Amendment Regulations 1992

S.I. 1992/834

The whole Regulations

The European Parliamentary Elections (Changes to the Franchise and Qualification of Representatives) Regulations 1994

S.I. 1994/342

Part II of the Schedule

The Local Government Elections (Changes to the Franchise and Qualification of Members) Regulations 1995

S.I. 1995/1948

Paragraphs 17 to 22 of Schedule 2

The Representation of the People (Scotland) Amendment Regulations 1997

S.I. 1997/979

The whole Regulations

SCHEDULE 3FORMS

Regulation 4(2)

ARRANGEMENT OF FORMS

Form A:

Elector’s official poll card

Form B:

Proxy’s official poll card

Form C:

Return of expenses required by section 75 of the 1983 Act

Form D:

Declaration as to expenses required by section 75 of the 1983 Act

Form E:

Proxy paper

Form F:

Certificate of employment

Form G:

Declaration of identity (for use at parliamentary elections)

Form H:

Declaration of identity (for use when postal ballots are combined)

Form J:

Declaration of identity (for use when a parliamentary poll is combined with another poll but the postal ballots are not combined)

Form K:

Statement as to postal ballot papers

I4Form A:

Regulation 9(2)

Annotations:
Commencement Information
I4

Sch. 3 in force at 16.2.2001, see reg. 1(1)

ELECTOR'S OFFICIAL POLL CARD

Image_r00000

I4F2Form B:

Regulation 9(3)

Annotations:
Amendments (Textual)
F2

Sch. 3 Form B: the words “spouse, civil partner” substituted for “husband, wife” (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 1, Sch. 10 para. 1(7)(a)

PROXY'S OFFICIAL POLL CARD

Image_r00001

I4Form C:RETURN OF EXPENSES REQUIRED BY SECTION 75 OF THE 1983 ACT

Regulation 10(1)

Image_r00002

I4Form D:DECLARATION AS TO EXPENSES REQUIRED BY SECTION 75 OF THE 1983 ACT

Regulation 10(1)

Image_r00003

I4F1Form E:PROXY PAPER

Regulation 57(3)

Annotations:
Amendments (Textual)
F1

Sch. 3 Form E: the words “spouse, civil partner” substituted for “husband, wife” (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 1, Sch. 10 para. 1(7)(b)

Image_r00004

Image_r00005

I4Form F:CERTIFICATE OF EMPLOYMENT

Regulation 63(1)

Image_r00006

I4Form G:DECLARATION OF IDENTITY

(for use at parliamentary elections)

Regulation 66(a)

Image_r00007

I4Form H:FORM OF DECLARATION OF IDENTITY

(for use when postal ballots are combined)

Regulation 66(b)

Image_r00008

Image_r00009

I4Form J:DECLARATION OF IDENTITY

(for use when a parliamentary poll is combined with another poll but the postal ballots are not combined)

Regulation 66(c)

Image_r00010

Image_r00011

I4Form K:STATEMENT AS TO POSTAL BALLOT PAPERS

Regulation 91(1)(b)

Image_r00012

I2SCHEDULE 4APPLICATION WITH MODIFICATIONS OF PROVISIONS OF THE 1983 AND 1985 ACTS FOR REGISTRATION OF EUROPEAN PARLIAMENTARY OVERSEAS ELECTORS

Regulation 13

Annotations:
Commencement Information
I2

Sch. 4 in force at 16.2.2001, see reg. 1(1)

1

2

Provision applied

Modification

PART I: THE 1983 ACT

Section 4(5) (attainers)59

Section 9 (register of electors)60

In subsection (1)(a) omit “for each constituency or part of a constituency”.

Omit subsection (2)(b).

Omit subsections (5) to (8).

Section 13 (publication of registers)61

For subsections (1) to (3) substitute:

1

Where a register under section 3 of the 1985 Act is in force, a revised version of it shall be published when a revised version of the registers of parliamentary and local government electors is published under this section as it has effect for the purposes of such registers.

Section 13A (alteration of registers)

Section 13B (alteration of register: pending elections)

For subsection (4) substitute:

4

This section applies to elections to the European Parliament.

Section 50 (effect of misdescription)

For paragraphs (a), (b) and (c) substitute “in the register”.

Section 52 (discharge of registration duties)62

In subsections (1) and (4) after the word “Act” insert “and regulation 13 of the Representation of the People (Scotland) Regulations 2001”.

Section 54 (payment of expenses of registration)63

In subsection (1) after the word “Act” in the first place where it occurs, insert “and regulation 13 of the Representation of the People Regulations 2001”.

Omit subsection (3)

Section 56 as applied by section 57 (registration appeals: (Scotland)64

Omit subsection (1)(b)

Section 63 (breach of official duty)65

In subsection (3)–

  1. a

    for paragraphs (a) to (d) substitute:

    a

    any registration officer,

  2. b

    for the words from “relating to” to the end of the subsection substitute “relating to the registration of European Parliamentary overseas electors”.

PART II: THE 1985 ACT

Section 2 (registration of British citizens overseas)66

In paragraph (a) of subsection (1) omit “constituency or” and in paragraph (b) after “of that” insert “part of the”

In paragraph (c) of subsection (2) for the words from “parliamentary” to the end of that paragraph, substitute “local government electors”.

In subsection (4) for “section 1” substitute “section 3”67.

In subsection (7) omit “constituency or”.

In subsection (8) for “section 1(1)(a)” substitute “section 3(1)(a)”.

In section 12 (offences as to Declarations etc), subsections (1), (2) and (4)

In subsection (1)(a) for the word the word “parliamentary” substitute “European Parliamentary”.