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- Point in Time (29/12/2022)
- Original (As made)
Version Superseded: 16/01/2023
Point in time view as at 29/12/2022.
Representation of the People (Scotland) Regulations 2001 is up to date with all changes known to be in force on or before 19 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Preamble
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
Commencement Information
I2Sch. 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– (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 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 |
Regulation 4(2)
Modifications etc. (not altering text)
C1Sch. 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
[F2Form 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: | [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 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] |
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)
Textual Amendments
F5Sch. 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
Commencement Information
I3Sch. 3 in force at 16.2.2001, see reg. 1(1)
Textual Amendments
F6Sch. 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
Regulation 9(3)
Textual Amendments
Textual Amendments
F8Sch. 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
Regulation 10(1)
Regulation 10(1)
Regulation 57(3)
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)
Textual Amendments
F11Sch. 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
Regulation 66(a)
Textual Amendments
Textual Amendments
F13Sch. 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
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)
Textual Amendments
Regulation 91(1)(b)
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)
F19Sch. 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)
F20Sch. 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)
F21Sch. 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)
F22Sch. 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)
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)
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
Regulation 13
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Textual Amendments
Regulation 13
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Textual Amendments
Sections 10A and 13A were substituted by Schedule 1 to the 2000 Act.
Section 53 was amended by Schedule 4 to the 1985 Act and Schedule 1 to the 2000 Act.
Section 201(1) was amended by S.I. 1991/1728 and section 201(3) was inserted by Schedule 1 to the 2000 Act.
Rule 24 was substituted by Schedule 6 to the 2000 Act.
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.
Section 3 was substituted by Schedule 2 to the 2000 Act.
Section 4 was substituted by section 1(2) of the 2000 Act.
Sections 9, 10A, 13, 13A and 13B were substituted by Schedule 1 to the 2000 Act.
Rule 29(3A) was inserted by section 13(2) of the 2000 Act.
Rule 45(1B) was inserted by Schedule 6 to the 2000 Act.
Section 2 was substituted by Schedule 2 to the 2000 Act.
The European Communities (Designation) (No. 3) Order 1993 (S.I. 1993/2661).
Under section B3 of Part II of Schedule 5 to the Scotland Act 1998 (c. 46) the franchise at local government elections is reserved.
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