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), F1413AB(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

C1SCHEDULE 3FORMS

Regulation 4(2)

Annotations:
Modifications etc. (not altering text)

ARRANGEMENT OF FORMS

Annotations:
Amendments (Textual)
F5

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)

F2

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)

F4

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)

C1

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:

Regulation 9(2)

Annotations:
Commencement Information
I4

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

Amendments (Textual)
ELECTOR'S OFFICIAL POLL CARD

Image_r10082

Image_r10083

F16Form A1

Annotations:
Amendments (Textual)

Image_r10097

Image_r10098

I4F17Form B:

Regulation 9(3)

Annotations:
Amendments (Textual)
PROXY'S OFFICIAL POLL CARD

Image_r10048

Image_r10050

F18Form B1

Annotations:
Amendments (Textual)

Image_r10051

Image_r10053

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

I4F31Form F:CERTIFICATE OF EMPLOYMENT

Regulation 63(1)

Annotations:
Amendments (Textual)

Image_r10054

F19Form G:Form of postal voting statement

(for use at parliamentary elections)

Regulation 66(a)

Annotations:
Amendments (Textual)

Image_r10055

Image_r10056

F20Form H:Form of postal voting statement

(for use where there is a joint issue and receipt of postal ballot papers)

Annotations:
Amendments (Textual)

Image_r10057

Image_r10036

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)

Regulation 66(c)

Annotations:
Amendments (Textual)

Image_r10063

Image_r10064

F6F22F23F24F25F26F27F28Form K:STATEMENT AS TO POSTAL BALLOT PAPERS

Regulation 91(1)(b)

Annotations:
Amendments (Textual)
F6

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.

F22

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)

F23

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)

F28

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)

Image_r10039

Image_r10040

F3Form L1

Annotations:
Amendments (Textual)
F3

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

Image_r10001

F3Form L2

Image_r10002

F3Form M1

Image_r10003

F3Form M2

Image_r10004

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)

Amendments (Textual)

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:

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)

F10In 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.

F11Omit subsection (6).

F29Section 13AB (alteration of registers: interim publication dates)

F30For 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

F12In 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)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”.

F13SCHEDULE 4A

Regulation 13

Annotations:
Amendments (Textual)

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:

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 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:

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 43

In paragraph (1), omit “and (3)”.

Regulation 45

In paragraph (4), after “regulation 13(6) above” insert “and Schedule 4A to these Regulations”.