The Scottish Parliament (Elections etc.) Order 2007

Article 4(2)

SCHEDULE 1 ELECTORS REGISTERS: MISCELLANEOUS AND RELATED PROVISIONS

1. 1. Supply of free copy of full register for electoral purposes

2. 2. Supply of full register etc under paragraphs 3 and 4: general provisions

3. 3. Supply of full register etc to elected representatives for electoral purposes and restrictions on use

4. 4. Supply of full register etc to certain candidates and restrictions on use

Supply of free copy of full register for electoral purposes

1.—(1) As soon as practicable after the relevant date, a registration officer shall supply free of charge to the returning officer for the council, or as the case may be, each council, constituted under section 2 of the Local Government etc (Scotland) Act 1994 for his registration area as many printed copies of–

(a) the latest revised version of the register published under section 13(1) or (3) of the 1983 Act, as the case may be;

(b) any notice setting out an alteration to the version of the register published under section 13A(2) or 13B(3), (3B) or (3D)(1) of that Act; and

(c) any record of anonymous entries,

as the returning officer may reasonably require for the purposes of a Scottish Parliamentary election.

(2) In sub-paragraph (1)–

(a) “relevant date” means–

(i) in the case of a general election of members of the Scottish Parliament the date of the dissolution of the Scottish Parliament as provided for at section 2(3)(a) of the Scotland Act 1998;

(ii) where the Presiding Officer has proposed a day for the holding of the poll under section 2(5) or 3(2) of the Scotland Act 1998, the announcement of Her Majesty’s intention to dissolve the Parliament; or

(iii) the occurrence of a vacancy of a constituency seat in the relevant constituency; and

(b) the duty to supply as many printed copies of the register and notices as the returning officer may reasonably require includes a duty to supply one copy of each in data form.

(3) No person to whom a copy of the register has been supplied under this paragraph may–

(a) supply a copy of the full register;

(b) disclose any information contained in it (that is not contained in the edited register); or

(c) make use of any such information,

except for the purposes of an election.

Supply of full register etc under paragraphs 3 and 4: general provisions

2.—(1) The persons or organisations falling within paragraph 3 or 4 may request the registration officer to supply free of charge the relevant part (within the meaning of those paragraphs) of any of the following:–

(a) a revised version of the register published under section 13(1) or (3) of the 1983 Act;

(b) any notice setting out an alteration to the register published under section 13A(2) or 13B(3), (3B) or (3D) of that Act.

(2) Such a request shall be made in writing and shall–

(a) specify the documents requested;

(b) subject to sub-paragraph (5), state whether the request is made only in respect of the current documents or whether it includes a request for the supply of any subsequent document on publication for as long as the person making the request falls within the category of person entitled to receive such copies; and

(c) state whether a printed copy of any of the documents is requested instead of the version in data form.

(3) Unless a request has been made in advance of supply under sub-paragraph (2)(c), the copy of a document supplied under this paragraph shall be in data form.

(4) The registration officer shall supply the relevant part of the documents referred to in sub-paragraph (1) in accordance with a request that has been duly made.

(5) A person falling within paragraph 4 may not make the request set out in sub-paragraph (2)(b).

(6) A person who obtains a copy of any document under sub-paragraph (4) may use it for any purpose for which that person would be entitled to obtain that document under this Schedule and any restrictions which apply under whichever of paragraph 3 or 4 entitles that person to obtain that document for that purpose shall apply to such use.

Supply of full register etc to elected representatives for electoral purposes and restrictions on use

3.—(1) This paragraph applies to–

(a) a constituency member of the Scottish Parliament for a constituency which is situated wholly or partly within the registration area;

(b) each regional member of the Scottish Parliament for an electoral region in which the registration area is situated.

(2) For the purposes of paragraph 2(1) the relevant part of the documents listed in that provision–

(a) in the case of a constituency member of the Scottish Parliament, is so much of them as relates to the whole or any part of the constituency which he represents as falls within the registration area;

(b) in the case of a regional member of the Scottish Parliament, is the whole of them.

(3) No person to whom this paragraph applies and who has been supplied with a copy of the register may–

(a) supply a copy of the full register to any person;

(b) disclose any information contained in it (that is not contained in the edited register); or

(c) make use of any such information,

except for purposes in connection with the office by virtue of which he is entitled to the full register or for electoral purposes.

(4) In this paragraph and paragraph 4 a reference to the edited register is a reference to the version of the register published under regulation 93 of the Representation of the People (Scotland) Regulations 2001(2).

Supply of full register etc to certain candidates and restrictions on use

4.—(1) This paragraph applies to a candidate at a Scottish Parliamentary election where any part of the area in respect of which the candidate stands for election includes the whole or part of the registration area.

(2) In this paragraph “candidate” includes an individual regional candidate at a Scottish Parliamentary election.

(3) In the case of a registered political party which submits a list of candidates as regional members at a Scottish Parliamentary election, the entitlement otherwise conferred by this paragraph on a candidate is conferred on the election agent of that party.

(4) For the purposes of paragraph 2(1), the relevant part of the documents listed in that provision is so much of them as relates to the area for which the candidate is standing.

(5) No candidate or election agent to whom a copy of the register has been supplied by virtue of this regulation may–

(a) supply a copy of the full register to any person;

(b) disclose any information contained in it (that is not contained in the edited register); or

(c) make use of any such information,

except for electoral purposes.

(1)

Sections 13A and 13B were added by the 2000 Act, Schedule 1, paragraph 6. Section 13B was amended by section 11(2) of the 2006 Act.

(2)

S.I. 2001/497; regulation 93 was inserted by S.I. 2002/1872, article 14.