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 |
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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
C2Sch. 3 modified (temp.) (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), reg. 1(2), Sch. 2 para. 4(2) (with Sch. 2 para. 2)
[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 [F3(local government elections)] |
[F4Form E1: | Proxy paper (parliamentary elections)] |
Form F: | Certificate of employment |
Form G: | [F5Postal voting statement] (for use at parliamentary elections) |
F6. . . | F6. . . |
Form J: | [F5Postal 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 |
[F7Form 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 Sch. 3 Table of Contents inserted (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 11(a)(i)
F4Words in Sch. 3 Table of Contents inserted (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 11(a)(ii)
F5Words 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)
F6Words in Sch. 3 Table of Contents omitted (with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 3(14)(a)
F7Words 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
F8Sch. 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))
Textual Amendments
F9Sch. 3 Form A1 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), Sch. 2
Regulation 9(3)
Textual Amendments
F10Sch. 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))
Textual Amendments
F11Sch. 3 Form B1 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), Sch. 2
Regulation 10(1)
Commencement Information
I3Sch. 3 in force at 16.2.2001, see reg. 1(1)
Regulation 10(1)
Regulation 57(3)
Textual Amendments
F12Sch. 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)
F13Sch. 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))
F14Sch. 3 Form E: the word “Constituency” is omitted (31.10.2023) by virtue of The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 11(c)(i)
F15Sch. 3 Form E: the punctuation “*[” in the first place it occurs is omitted (31.10.2023) by virtue of The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 11(c)(ii)
F16Sch. 3 Form E: the punctuation “]” in the first place it occurs is omitted (31.10.2023) by virtue of The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 11(c)(iii)
F17Sch. 3 Form E: the words “*[who qualifies as an overseas elector in respect of the above constituency]” are omitted (31.10.2023) by virtue of The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 11(c)(iv)
F18Sch. 3 Form E: the words “local government” substituted for “*[parliamentary] *[local government]” in both places it occurs (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 11(c)(v)
F19Sch. 3 Form E: the words “electoral area” substituted for “*[constituency] *[electoral area]” in both places it occurs (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 11(c)(vi)
F20Sch. 3 Form E: the words “parliamentary, or” in the section titled “Your right to vote as proxy” in paragraph (2) are omitted (31.10.2023) by virtue of The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 11(c)(vii)
Textual Amendments
F21Sch. 3 Form E1 inserted (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), reg. 1(2), Sch. 4 (with Sch. 2 paras. 2, 5)
Regulation 63(1)
Textual Amendments
F22Sch. 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
F23Sch. 3 Form G substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), Sch. 2
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Textual Amendments
F24Sch. 3 Form H omitted (with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 3(14)(c)
Regulation 66(c)
Textual Amendments
F25Sch. 3 Form J substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), Sch. 2
Regulation 91(1)(b)
Textual Amendments
F26Sch. 3 Form K substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), Sch. 2
Textual Amendments
F27Sch. 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.