The Representation of the People (Scotland) (Amendment) Regulations 2006

Amendment to provision about closing date for applications

6.—(1) Other than in its application to a local government election in Scotland, regulation 56 of the 2001 Regulations shall be amended as follows.

(2) In paragraph (1) for “3(6) or (7)” substitute “3(1), (6) or (7), or 7(4)”.

(3) In paragraph (2) for “3(1) or (2), or 6(7) or 7(4)” substitute “3(2) or 6(7)”.

(4) For paragraph (3) substitute–

“(3) Subject to paragraph (3A), an application under paragraph 4(2) or 6(8) of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the sixth day before the date of the poll at the election for which it is made.

(3A) Where–

(a) an application under paragraph 4(2) of Schedule 4 is made on the grounds of the applicant’s physical incapacity; and

(b) the applicant became physically incapacitated after 5 p.m. on the sixth day before the date of the poll at the election for which it is made,

the application, or an application under paragraph 6(8) of Schedule 4 made by virtue of that application, shall be refused if it is received after 5 p.m. on the day of the poll at the election for which it is made.”.

(5) In paragraph (4) for “7(7)” substitute “4(1) or 7(7)”.

(6) After paragraph (7) insert–

“(8) In the application of this regulation to a local government election in Scotland–

(a) in paragraph (1) for “3(1), (6) or (7), or 7(4)” substitute “3(6) or (7)”,

(b) in paragraph (2) for “3(2) or 6(7)” substitute “3(1) or (2), or 6(7) or 7(4)”,

(c) for paragraph (3) substitute–

“(3) An application under paragraph 4(1) or (2) or 6(8) of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the sixth day before the date of the pool at the election for which it is made.”,

(d) omit paragraph (3A), and

(e) in paragraph (4) omit “4(1) or”.”.