I3SCHEDULE 1ENABLING POWERS
I3These Regulations are made in exercise of the following powers:
a
b
sections 3(5), (6) and (7)49 of the Representation of the People Act 1985 (“the 1985 Act”);
c
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
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 | The whole Regulations except–
| |
The Representation of the People (Scotland) Amendment Regulations 1990 | 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 | The whole Regulations | |
The European Parliamentary Elections (Changes to the Franchise and Qualification of Representatives) Regulations 1994 | Part II of the Schedule | |
The Local Government Elections (Changes to the Franchise and Qualification of Members) Regulations 1995 | Paragraphs 17 to 22 of Schedule 2 | |
The Representation of the People (Scotland) Amendment Regulations 1997 | The whole Regulations |
C1SCHEDULE 3FORMS
Sch. 3 applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 65
ARRANGEMENT OF FORMS
Words 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)
Words 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)
Words 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)
F5Form A | Official poll card (to be sent to an elector voting in person) |
Form A1 | Official postal poll card (to be sent to an elector voting by post) |
Form B | Official proxy poll card (to be sent to an appointed proxy voting in person) |
Form B1 | Official 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: | F2Postal voting statement (for use at parliamentary elections) |
Form H: | F2Postal voting statement (for use when postal ballots are combined) |
Form J: | F2Postal 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 L2 | Corresponding Number List for use in polling station at parliamentary election taken alone |
Form M1 | Corresponding Number List for use when parliamentary election combined with another poll |
Form M2 | Corresponding Number List for use in polling station when parliamentary election combined with another poll |
I4F15Form A:
Sch. 3 in force at 16.2.2001, see reg. 1(1)
Sch. 3 Form A substituted (6.4.2014) by The Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3206), reg. 1(3)(e), Sch. 4
F16Form A1
Sch. 3 Form A1 substituted (6.4.2014) by The Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3206), reg. 1(3)(e), Sch. 4
I4F17Form B:
Sch. 3 Form B substituted (6.4.2014) by The Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3206), reg. 1(3)(e), Sch. 4
F18Form B1
Sch. 3 Form B1 substituted (6.4.2014) by The Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3206), reg. 1(3)(e), Sch. 4
I4Form C:RETURN OF EXPENSES REQUIRED BY SECTION 75 OF THE 1983 ACT
I4Form D:DECLARATION AS TO EXPENSES REQUIRED BY SECTION 75 OF THE 1983 ACT
I4F1Form E:PROXY PAPER
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)
I4F31Form F:CERTIFICATE OF EMPLOYMENT
Sch. 3 Form F substituted (6.4.2014) by The Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3206), reg. 1(3)(e), Sch. 4
F19Form G:Form of postal voting statement
(for use at parliamentary elections)
Sch. 3 Form G substituted (6.4.2014) by The Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3206), reg. 1(3)(e), Sch. 4
F20Form H:Form of postal voting statement
(for use where there is a joint issue and receipt of postal ballot papers)
Sch. 3 Form H substituted (6.4.2014) by The Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3206), reg. 1(3)(e), Sch. 4
F21Form J:Form of postal voting statement
(for use when a parliamentary poll is combined with another poll but the postal ballots are not combined)
Sch. 3 Form J substituted (6.4.2014) by The Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3206), reg. 1(3)(e), Sch. 4
F6F22F23F24F25F26F27F28Form K:STATEMENT AS TO POSTAL BALLOT PAPERS
Sch. 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.
Sch. 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)
Sch. 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)
Sch. 3 Form K: entry 15 is omitted (6.4.2014) by virtue of The Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3206), regs. 1(3)(e), 51(1)(c)
Sch. 3 Form K: entries 5 to 14 are renumbered as 6 to 15 (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)(a)
Sch. 3 Form K: in entry 14 the words "6 to 13" are substituted for "5 to 12" (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)(b)
Sch. 3 Form K: in entry 19 the word “, 78A” is inserted after "78" (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)
Sch. 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)
F3Form L1
Sch. 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
F3Form L2
F3Form M1
F3Form M2
I2SCHEDULE 4APPLICATION WITH MODIFICATIONS OF PROVISIONS OF THE 1983 AND 1985 ACTS FOR REGISTRATION OF EUROPEAN PARLIAMENTARY OVERSEAS ELECTORS
Sch. 4 in force at 16.2.2001, see reg. 1(1)
Words in Sch. 4 Pt. 1 inserted (17.3.2009) by The Representation of the People (Amendment) Regulations 2009 (S.I. 2009/725), regs. 1(1), 11(2)
Words in Sch. 4 Pt. 1 inserted (17.3.2009) by The Representation of the People (Amendment) Regulations 2009 (S.I. 2009/725), regs. 1(1), 11(3)
Words in Sch. 4 Pt. 1 inserted (17.3.2009) by The Representation of the People (Amendment) Regulations 2009 (S.I. 2009/725), regs. 1(1), 11(4)
Words in Sch. 4 Pt. 1 inserted (17.3.2009) by The Representation of the People (Amendment) Regulations 2009 (S.I. 2009/725), regs. 1(1), 11(5)
Words in Sch. 4 Pt. 1 inserted (17.3.2009) by The Representation of the People (Amendment) Regulations 2009 (S.I. 2009/725), regs. 1(1), 11(6)
Words in Sch. 4 table 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), 52(a)
Words in Sch. 4 table 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), 52(b)
Words in Sch. 4 Pt. 1 substituted (17.3.2009) by The Representation of the People (Amendment) Regulations 2009 (S.I. 2009/725), regs. 1(1), 11(7)
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”. F7In subsection (2) omit “Subject to section 9B(3) below,”. Omit subsection (2)(b). Omit subsections (5) to (8). |
F8Section 10A (maintenance of registers: registration of electors), subsections (1)(a), (3), (3A), (4) and (9) | F9In 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)61 | For subsections (1) to (3) substitute:
|
Section 13A (alteration of registers) |
|
Section 13B (alteration of register: pending elections) | For subsection (4) substitute:
F11Omit subsection (6). |
F29Section 13AB (alteration of registers: interim publication dates) | F30For subsection (4) substitute—
|
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 | F12In subsection (1) for paragraph (aa) substitute: |
Section 63 (breach of official duty)65 | In subsection (3)–
|
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”. |
F13SCHEDULE 4A
Sch. 4A inserted (17.3.2009) by The Representation of the People (Amendment) Regulations 2009 (S.I. 2009/725), regs. 1(1), 12
APPLICATION WITH MODIFICATIONS OF REGULATIONS FOR REGISTRATION OF EUROPEAN PARLIAMENTARY OVERSEAS ELECTORS
1 Regulation applied | 2 Modification |
---|---|
Regulation 3 | In paragraph (1) omit the definition of “certificate of anonymous registration”. |
Regulation 5 | |
Regulation 6 | |
Regulation 7 | |
Regulation 8 | |
Regulation 11 | |
Regulation 18 | In 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 19 | In 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 20 | In 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 22 | In 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 24 | Omit paragraph (4A). |
Regulation 25 | |
Regulation 27 | |
Regulation 28 | Omit 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:
|
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 31F | In 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:
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:
Omit paragraphs (2) and (3). |
Regulation 41 | |
Regulation 42 | |
Regulation 43 | In paragraph (1), omit “and (3)”. |
Regulation 45 | In paragraph (4), after “regulation 13(6) above” insert “and Schedule 4A to these Regulations”. |
Sch. 1 in force at 16.2.2001, see reg. 1(1)