Representation of the People (Scotland) Regulations 2001

Preamble

SCHEDULE 1 S ENABLING POWERS

Commencement Information

I1 Sch. 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), [F1 13AB(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

F1 Word in Sch. 1(c) 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(4), 44

Regulation 2

SCHEDULE 2 S REVOCATIONS

Commencement Information

I2 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– (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)

SCHEDULE 3 S FORMS

Modifications etc. (not altering text)

C1 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 S

[F2 Form 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:	[F3 Postal voting statement] (for use at parliamentary elections)
Form H:	[F3 Postal voting statement] (for use when postal ballots are combined)
Form J:	[F3 Postal 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
[F4 Form 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

F2 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)

F3 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)

Regulation 9(2)

F5 Form A: S

Textual Amendments

F5 Sch. 3 Form A substituted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 39(11)(a), Sch. 6 Pt. 2 (with reg. 1(6)(7))

ELECTOR'S OFFICIAL POLL CARD S

F6 Form A1 S

Textual Amendments

F6 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

Regulation 9(3)

F7 Form B: S

Textual Amendments

F7 Sch. 3 Form B substituted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 39(11)(b), Sch. 6 Pt. 2 (with reg. 1(6)(7))

PROXY'S OFFICIAL POLL CARD S

F8 Form B1 S

Textual Amendments

F8 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

Regulation 10(1)

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

Commencement Information

I3 Sch. 3 in force at 16.2.2001, see reg. 1(1)

Regulation 10(1)

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

Regulation 57(3)

F9 F10 Form E: S PROXY PAPER

Textual Amendments

F9 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)

F10 Sch. 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)

F11 Form F: S CERTIFICATE OF EMPLOYMENT

Textual Amendments

F11 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

Regulation 66(a)

F12 Form G: S Form of postal voting statement(for use at parliamentary elections)

Textual Amendments

F12 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

F13 F14 Form H: S Form of postal voting statement(for use where there is a joint issue and receipt of postal ballot papers)

Textual Amendments

F13 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

F14 Sch. 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)

F15 Form J: S Form of postal voting statement(for use when a parliamentary poll is combined with another poll but the postal ballots are not combined)

Textual Amendments

F15 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

Regulation 91(1)(b)

F16 F17 F18 F19 F20 F21 F22 F23 Form K: S STATEMENT AS TO POSTAL BALLOT PAPERS

Textual Amendments

F16 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.

F17 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)

F18 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)

F19 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)

F20 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)

F21 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)

F22 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)

F23 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)

F24 Form L1 S

Textual Amendments

F24 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

F24 Form L2 S

F24 Form M1 S

F24 Form M2 S

Regulation 13

F25 SCHEDULE 4 S APPLICATION WITH MODIFICATIONS OF PROVISIONS OF THE 1983 AND 1985 ACTS FOR REGISTRATION OF EUROPEAN PARLIAMENTARY OVERSEAS ELECTORS

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

Textual Amendments

F25 Sch. 4 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 13

F26 SCHEDULE 4A S

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

Textual Amendments

F26 Sch. 4A 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))

(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).

(13)

1972 c. 68.

(14)

1978 c. 10.

(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.