Representation of the People (Scotland) Regulations 2001

Preamble

SCHEDULE 1SENABLING POWERS

Commencement Information

I1Sch. 1 in force at 16.2.2001, see reg. 1(1)

These Regulations are made in exercise of the following powers:

(a)sections 10A(7) and (9)(1), 13A(1) and (6), 53(2) and 201(1) and (3)(3) of, rule 24(4) of Schedule 1 and Schedule 2(5) to, the Representation of the People Act 1983 (“the 1983 Act”);

(b)sections 3(5), (6) and (7)(6) 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)(7), 9(2)(8), 10A(1), (3), (5) and (7), 13(3), 13A(2), [F113AB(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)(9), 32(3) and 45(1B)(10) 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 Act(11);

(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 designation(12) of the Secretary of State for the purposes of section 2(2) of the European Communities Act 1972(13) 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 1978(14).

Textual Amendments

Regulation 2

SCHEDULE 2SREVOCATIONS

Commencement Information

I2Sch. 2 in force at 16.2.2001, see reg. 1(1)

123
Regulations revokedReferencesExtent of revocation
The Representation of the People (Scotland) Regulations 1986S.I. 1986/1111

The whole Regulations except–

(i)

regulations 1, 4 and 95 to 98, and

(ii)

regulations 75, 76 and 78 to 94 insofar as they relate to a local government election(15)

The Representation of the People (Scotland) Amendment Regulations 1990S.I. 1990/629The 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 1992S.I. 1992/834The whole Regulations
The European Parliamentary Elections (Changes to the Franchise and Qualification of Representatives) Regulations 1994S.I. 1994/342Part II of the Schedule
The Local Government Elections (Changes to the Franchise and Qualification of Members) Regulations 1995S.I. 1995/1948Paragraphs 17 to 22 of Schedule 2
The Representation of the People (Scotland) Amendment Regulations 1997S.I. 1997/979The whole Regulations

Regulation 4(2)

SCHEDULE 3SFORMS

Modifications etc. (not altering text)

ARRANGEMENT OF FORMSS

[F2Form A Official poll card (to be sent to an elector voting in person)
Form A1Official postal poll card (to be sent to an elector voting by post)
Form BOfficial proxy poll card (to be sent to an appointed proxy voting in person)
Form B1Official proxy postal poll card (to be sent to an appointed proxy voting by post)]
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:[F3Postal voting statement] (for use at parliamentary elections)
Form H:[F3Postal voting statement] (for use when postal ballots are combined)
Form J:[F3Postal voting statement] (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
[F4Form L1 Corresponding Number List for use at parliamentary election taken alone
Form L2Corresponding Number List for use in polling station at parliamentary election taken alone
Form M1Corresponding Number List for use when parliamentary election combined with another poll
Form M2Corresponding Number List for use in polling station when parliamentary election combined with another poll]

Textual Amendments

F2Words in Sch. 3 Table of Contents substituted (with effect in accordance with reg. 1(2)(3)(b) of the amending S.I.) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 35(2)

F3Words 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)

F4Words in Sch. 3 Table of Contents inserted (with effect in accordance with reg. 1(2)(3)(a) of the amending S.I.) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 28(2)

Regulation 9(2)

F5Form A:S

Textual Amendments

Commencement Information

I3Sch. 3 in force at 16.2.2001, see reg. 1(1)

ELECTOR'S OFFICIAL POLL CARDS

F6Form A1S

Textual Amendments

Regulation 9(3)

F7Form B:S

Textual Amendments

PROXY'S OFFICIAL POLL CARDS

F8Form B1S

Textual Amendments

Regulation 10(1)

Form C:SRETURN OF EXPENSES REQUIRED BY SECTION 75 OF THE 1983 ACT

Regulation 10(1)

Form D:SDECLARATION AS TO EXPENSES REQUIRED BY SECTION 75 OF THE 1983 ACT

Regulation 57(3)

F9Form E:SPROXY PAPER

Textual Amendments

F9Sch. 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)

Regulation 63(1)

F10Form F:SCERTIFICATE OF EMPLOYMENT

Textual Amendments

Regulation 66(a)

F11Form G:SForm of postal voting statement(for use at parliamentary elections)

Textual Amendments

F12Form H:SForm of postal voting statement(for use where there is a joint issue and receipt of postal ballot papers)

Textual Amendments

Regulation 66(c)

F13Form J:SForm of postal voting statement(for use when a parliamentary poll is combined with another poll but the postal ballots are not combined)

Textual Amendments

Regulation 91(1)(b)

F14F15F16F17F18F19F20F21Form K:SSTATEMENT AS TO POSTAL BALLOT PAPERS

Textual Amendments

F14Sch. 3 Form K substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Representation of the People (Scotland) (Amendment) Regulations 2008 (S.I. 2008/305), regs. 1(1), 12(2), Sch.

F15Sch. 3 Form K: in the first column in entry 2 the words “, regulation 78 (lost or not received) and regulation 78A (cancelled due to change of address)." are substituted for “and regulation 78 (lost or not received)” (6.4.2014) by The Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3206), regs. 1(3)(e), 51(1)(a)

F16Sch. 3 Form K: entry "5. Total number of postal ballot papers cancelled under regulation 78A." is inserted (6.4.2014) by The Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3206), regs. 1(3)(e), 51(1)(b)

F21Sch. 3 Form K: in entry 19 the words "2, 3, 5, 8 and 10" are substituted for “2, 3, 7 and 9” (6.4.2014) by The Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3206), regs. 1(3)(e), 51(2)(c)

F22Form L1S

Textual Amendments

F22Sch. 3 Forms L1, L2, M1, M2 inserted (with effect in accordance with reg. 1(2)(3)(b) of the amending S.I.) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), reg. 1(1), Sch. 2

F22Form L2S

F22Form M1S

F22Form M2S

Regulation 13

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

Commencement Information

I4Sch. 4 in force at 16.2.2001, see reg. 1(1)

12
Provision appliedModification
PART I: THE 1983 ACT
Section 4(5) (attainers)(16)
Section 9 (register of electors)(17)

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

[F23In subsection (2) omit “Subject to section 9B(3) below,”.]

Omit subsection (2)(b).

Omit subsections (5) to (8).

[F24Section 10A (maintenance of registers: registration of electors), subsections (1)(a), (3), (3A), (4) and (9)]

[F25In subsection (3) after “register in question” insert “or by a person entitled to vote as an elector at an election to the European Parliament by virtue of section 8 of the European Parliamentary Elections Act 2002”.

In subsection (4) for “Subsections (1) and (3) above” substitute “Subsections (1)(a) and (3) above”.

In subsection (4) omit paragraph (b).

In subsection (9) omit the definition of “resident”.]

Section 13 (publication of registers)(18)

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)

[F26In subsection (1)(b) for “by virtue of any provision of this Part of this Act” substitute “by virtue of any provision of the Representation of the People Act 1985”.

In subsection (1)(c) omit “or 58”.

In subsection (2)(b) for “sections 13B(1) and 13BA(1)” substitute “section 13B(1)”.

For subsection (3) substitute:

(3) Subsection (2) above does not require a registration officer to issue a notice under that subsection in a case where (apart from this subsection) that subsection would require the notice to be issued—

(a)at the beginning of the month containing the date on which revised versions of the registers of parliamentary and local government electors are next due to be published in accordance with section 13(1) or (3) as it has effect for the purposes of such registers, or

(b)at the beginning of either of the two months preceding that containing the date on which revised versions of the registers of parliamentary and local government electors are next due to be published in accordance with section 13(1)(a) as it has effect for the purposes of such registers,

and in such a case the alteration in question shall be made in those revised versions of the registers.

In subsection (4) omit “or 13BA(3), (6) or (9)”.

In subsection (5) omit “or 13BA”.

In subsection (6) omit from “; and section 119 below shall apply” to the end.]

Section 13B (alteration of register: pending elections)For subsection (4) substitute:

“(4) This section applies to elections to the European Parliament.”

[F27Omit subsection (6).]

[F28Section 13AB (alteration of registers: interim publication dates)] [F29For 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)(19)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)(20)

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)(21) [F30In subsection (1) for paragraph (aa) substitute:

(aa)from any decision under section 2(2)(aa) of the Representation of the People Act 1985 of the registration officer that a person registered in a register of parliamentary electors in pursuance of a European Parliamentary overseas elector’s declaration was not entitled to be registered.

In subsection (1) omit paragraphs (ab) and (b).]

Section 63 (breach of official duty)(22)

In subsection (3)–

(a)

for paragraphs (a) to (d) substitute:

“(a)any registration officer,”; and

(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)(23)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”(24).

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”.

Textual Amendments

Regulation 13

[F31SCHEDULE 4AS

Textual Amendments

APPLICATION WITH MODIFICATIONS OF REGULATIONS FOR REGISTRATION OF EUROPEAN PARLIAMENTARY OVERSEAS ELECTORS

1

Regulation applied

2

Modification

Regulation 3In paragraph (1) omit the definition of “certificate of anonymous registration”.
Regulation 5
Regulation 6
Regulation 7
Regulation 8
Regulation 11
Regulation 18In paragraphs (4), (5) and (7) after “regulation 13(6) above” insert “and Schedule 4A to these Regulations” and for “modifications made by that regulation” substitute “modifications made by that Schedule”.
Regulation 19In paragraph (1) after “regulation 13(6) above” insert “and Schedule 4A to these Regulations” and for “modifications made by that regulation” substitute “modifications made by that Schedule”.
Regulation 20In paragraph (1) after “regulation 13(6) above” insert “and Schedule 4A to these Regulations” and for “modifications made by that regulation” substitute “modifications made by that Schedule”.
Regulation 21
Regulation 22In paragraph (3) after “regulation 13(6) above” insert “and Schedule 4A to these Regulations” and for “modifications made by that regulation” substitute “modifications made by that Schedule”.
Regulation 23
Regulation 24Omit paragraph (4A).
Regulation 25
Regulation 27
Regulation 28Omit paragraph (2).
Regulation 29

In paragraph (2)(a) omit “, other than applications accompanied by an application for anonymous entry”.

In paragraph (2A) omit “(other than an application accompanied by an application for an anonymous entry)”.

In paragraph (4) omit “Subject to paragraph (4A),”.

Omit paragraph (4A).

Regulation 30
Regulation 31
Regulation 31A
Regulation 31B

In paragraph (1) for “regulations 31C to 31F” substitute “regulations 31D to 31F”.

For paragraph (2) substitute:

“(2) The functions specified in this paragraph are determining under section 2(2)(aa) of the 1985 Act whether a person was entitled to be registered.”.

Regulation 31D

Omit paragraph (3).

In paragraphs (5) and (8) omit “or, as the case may be, has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act.”.

Regulation 31E

In paragraph (2) omit sub-paragraph (c).

Omit paragraph (4).

Regulation 31FIn paragraph (6) omit “or, as the case may be, has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act,”.
Regulation 32

In paragraph (1) for sub-paragraph (b) substitute:

“(b)under section 56(1)(aa) of the 1983 Act, from the decision of a registration officer made in accordance with regulations 31D to 31F that a person was not entitled to be registered;”.

In paragraph (1) omit sub-paragraph (c).

Regulation 36(2) and (3)In sub-paragraph (2)(b) omit “except in a case falling within regulation 31C(2)(d) above,”.
Regulation 38
Regulation 39
Regulation 40

For paragraph (1) substitute:

“(1) Section 9(2)(b) of the 1983 Act (which requires each register of parliamentary or local government electors to contain the qualifying addresses of the persons registered in it) does not apply to an address which is specified in an overseas elector’s declaration in accordance with section 2(4)(b) or (c)(ii) of the 1985 Act.”.

Omit paragraphs (2) and (3).

Regulation 41
Regulation 42
Regulation 43In paragraph (1), omit “and (3)”.
Regulation 45In paragraph (4), after “regulation 13(6) above” insert “and Schedule 4A to these Regulations”.]
(1)

Sections 10A and 13A were substituted by Schedule 1 to the 2000 Act.

(2)

Section 53 was amended by Schedule 4 to the 1985 Act and Schedule 1 to the 2000 Act.

(3)

Section 201(1) was amended by S.I. 1991/1728 and section 201(3) was inserted by Schedule 1 to the 2000 Act.

(4)

Rule 24 was substituted by Schedule 6 to the 2000 Act.

(5)

Schedule 2 was amended by Schedules 2, 3 and 4 to the 1985 Act; Schedules 1 and 6 to the 2000 Act; and section 5 of the Representation of the People Act 1989 (c. 28). Schedule 2 has also been amended by section 9 of the 2000 Act but the amendments are not yet in force.

(6)

Section 3 was substituted by Schedule 2 to the 2000 Act.

(7)

Section 4 was substituted by section 1(2) of the 2000 Act.

(8)

Sections 9, 10A, 13, 13A and 13B were substituted by Schedule 1 to the 2000 Act.

(9)

Rule 29(3A) was inserted by section 13(2) of the 2000 Act.

(10)

Rule 45(1B) was inserted by Schedule 6 to the 2000 Act.

(11)

Section 2 was substituted by Schedule 2 to the 2000 Act.

(12)

The European Communities (Designation) (No. 3) Order 1993 (S.I. 1993/2661).

(15)

Under section B3 of Part II of Schedule 5 to the Scotland Act 1998 (c. 46) the franchise at local government elections is reserved.

(16)

Section 4 was substituted by section 1(2) of the 2000 Act.

(17)

Section 9 was substituted by Schedule 1 to the 2000 Act

(18)

Sections 13, 13A and 13B were substituted by Schedule 1 to the 2000 Act.

(19)

Section 52 was amended by Schedule 4 to the 1985 Act and Schedule 13 to the Local Government etc. (Scotland) Act 1994.

(20)

Section 54 was amended by Schedule 4 to the 1985 Act.

(21)

Section 56 was amended by Schedule 4 to the 1985 Act and Schedule 1 to the 2000 Act.

(22)

Section 63 was substituted by Schedule 4 to the 1985 Act.

(23)

Section 2 was substituted by Schedule 2 to the 2000 Act.

(24)

Section 3 was substituted by Schedule 2 to the 2000 Act.