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)

F9F10Form 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)

F10Sch. 3 Form E: the words “European Parliamentary electoral region” and “*[European Parliamentary electoral region]” and the words “European Parliamentary” and “*[European Parliamentary]” in each place they appear are revoked (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 2 (as amended by S.I. 2019/1389, regs. 1, 2(2))

Regulation 63(1)

F11Form F:SCERTIFICATE OF EMPLOYMENT

Textual Amendments

Regulation 66(a)

F12Form G:SForm of postal voting statement(for use at parliamentary elections)

Textual Amendments

F13F14Form H:SForm of postal voting statement(for use where there is a joint issue and receipt of postal ballot papers)

Textual Amendments

F14Sch. 3 Form H: the words “European Parliamentary election ([insert colour] ballot paper) [Vote only once by putting a cross x in the box next to your choice.]” are revoked (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 2 (as amended by S.I. 2019/1389, regs. 1, 2(2))

Regulation 66(c)

F15Form 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)

F16F17F18F19F20F21F22F23Form K:SSTATEMENT AS TO POSTAL BALLOT PAPERS

Textual Amendments

F16Sch. 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.

F17Sch. 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)

F18Sch. 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)

F23Sch. 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)

F24Form L1S

Textual Amendments

F24Sch. 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

F24Form L2S

F24Form M1S

F24Form M2S

Regulation 13

F25SCHEDULE 4SAPPLICATION WITH MODIFICATIONS OF PROVISIONS OF THE 1983 AND 1985 ACTS FOR REGISTRATION OF EUROPEAN PARLIAMENTARY OVERSEAS ELECTORS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 13

F26SCHEDULE 4AS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

(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.