Representation of the People (Scotland) Regulations 1975
| Jurisdiction | UK Non-devolved |
| Citation | SI 1975/850 |
1975 No. 850 (S. 150)
REPRESENTATION OF THE PEOPLE
The Representation of the People (Scotland) Regulations 197525thMarch 1975
16thApril 1975
16thMay 1975
ARRANGEMENT OF REGULATIONS
PART I
GENERAL
1. Citation.
2. Commencement.
3. Revocation and savings.
4. Interpretation.
PART II
REGISTRATION
The Register and Electors Lists
5. Separate part of electors lists and register for each registration unit.
6. Order of names in register.
7. Registration number in register.
8. Marking of names to indicate at which elections person entitled to vote.
9. Marking of names to indicate manner of voting.
10. Form of the electors lists.
11. Publication of the electors lists.
Claims and Objections
12. Notice of claims and objections.
13. Time for making claims and objections.
14. Form of claims and objections.
15. Entry and preliminary disposal of claims and objections.
16. Hearing of claims and objections.
17. Corrections to the electors lists.
18. Other corrections to the electors lists.
Publication and Sale of the Register
19. Publication of register.
20. Registration officer to furnish copies of register.
21. Free copies of register.
22. Sale of register.
Correction of Register
23. Correction of register.
Supplementary
24. Declaration as to age and nationality.
25. Information from householders.
26. Adaptation of electors lists and register in consequence of altered polling districts.
Corrupt and Illegal Practices Lists
27. Corrupt and illegal practices lists.
PART III
ABSENT VOTERS, PROXIES AND POSTAL PROXIES
28. Application to be treated as an absent voter.
29. Application to vote by proxy.
30. Appointment of proxy.
31. Proxy paper.
32. Cancellation of proxy appointment.
33. Application by proxy to vote by post.
34. Disregard of applications.
35. Records and lists of absent voters, proxies and postal proxies.
36. Certificate of employment.
PART IV
ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS
Interpretation
37. Interpretation of Part IV.
Issue of Postal Ballot Papers
38. Form of postal ballot paper.
39. Form of declaration of identity.
40. Persons entitled to be present at issue and receipt of postal ballot papers.
41. Declaration of secrecy.
42. Notice of issue of postal ballot papers.
43. Marking of postal ballot paper.
44. Refusal to issue postal ballot paper.
45. Ballot paper envelope.
46. Delivery of postal ballot papers to post office.
47. Provision of postal voters ballot box.
48. Sealing up of special lists and counterfoils.
49. Spoilt postal ballot paper.
Receipt of Postal Ballot Papers
50. Receipt of covering envelope.
51. Opening of postal voters ballot box.
52. Opening of covering envelopes.
53. Sealing up of rejected votes and declarations of identity.
54. Opening of ballot paper envelopes.
55. Abandoned poll.
56. Forwarding or retention of documents.
PART V
SERVICE VOTERS
57. Service declaration by members of the forces and spouses.
58. Qualification for Crown servant.
59. Service declaration by Crown servants, British Council employees and spouses.
60. Transmission of service declaration by Crown servants, British Council employees and spouses.
61. Service declaration by person about to leave the United Kingdom.
62. Proceedings by registration officer on receipt of service declaration.
63. Invalid service declaration.
64. Evidence as to service declaration.
PART VI
SUPPLEMENTARY
65. Appeals.
66. Official poll card at parliamentary elections.
67. Return and declaration of election expenses.
68. Forms.
69. Sending of notices, etc.
70. Publication of documents.
71. Misnomers.
72. Time.
73. Penalties.
SCHEDULE
FORMS
Forms for use by registration officers
Form A: Return by householder as to residents.
Form B: Notice as to publication of a draft register of electors and making of claims and objections.
Form C: Notice as to publication of the electors lists and making of claims and objections.
Form D: Proxy paper.
Forms for use by returning officers
Form E: Elector's official poll card.
Form F: Proxy's official poll card.
Form G: Certificate of employment.
Form H: Declaration of identity.
Forms for use by service voters
Form J: Service declaration and application for appointment of proxy by a member of the forces.
Form K: Service declaration and application for appointment of proxy by the spouse of a member of the forces.
Form L: Service declaration and application for appointment of proxy by a Crown servant or by a person employed by the British Council.
Form M: Service declaration and application for appointment of proxy by the spouse of a Crown servant or of a person employed by the British Council.
Form N: Application by a service voter in the United Kingdom to vote by post.
Forms for use by other persons
Form O: Claim to be registered as an elector.
Form P: Form of objection to an entry in the electors lists.
Form Q: Application to be treated as an absent voter for an indefinite period owing to occupation or physical incapacity.
Form R: Application to vote by post owing to change of residence.
Form S: Application to be treated as an absent voter for a particular election.
Form T: Application to be treated as an absent voter for an indefinite period owing to air or sea journey necessary from qualifying address.
Form U: Application by absent voter for appointment of proxy.
Form V: Application by a proxy to vote by post.
Form W: Application by service voter's spouse for appointment of proxy.
Form X: Return of expenses required by section 63 of the Representation of the People Act 1949 to be authorised by an election agent.
Form Y: Declaration as to expenses required by section 63 of the Representation of the People Act 1949 to be authorised by an election agent.
In exercise of the powers conferred on me by sections 42 and 171(5) of and Schedule 4 to the Representation of the People Act 1949(a), I hereby make the following regulations:
PART I
GENERAL
Citation
1. These regulations may be cited as the Representation of the People (Scotland) Regulations 1975.
Commencement
2. These regulations shall come into force on 16th May 1975.
Revocation and savings
3.—(1) The provisions of the Representation of the People (Scotland) Regulations 1969(b), as amended(c) shall be revoked on 16th May 1975:
Provided that regulations 28 to 57 (inclusive), 67, 68(1), 69(2) and so much of the Schedules to the regulations of 1969 as relates to the said regulations shall continue to have effect in relation to an election notice of which has been published before 16th May 1975.
(a) 1949 c. 68.
(b) S.I. 1969/912 (1969 II, p. 2726).
(c) The amending instruments are S.I. 1973/1177 1974/651 (1973 II, p. 3556, 1974 I, p. 2611).
(2) Section 38 of the Interpretation Act 1889(a) shall apply as if these regulations were an Act of Parliament and as if any regulations revoked by these regulations were Acts of Parliament repealed by an Act of Parliament.
(3) Without prejudice to the said section 38 any register, list or record prepared, any application, appointment or declaration made, any proceedings initiated or other thing done under any regulations revoked by these regulations shall not be invalidated by the revocation effected by paragraph (1) of this regulation and shall, in so far as it could have been prepared, made, initiated or done under any provision of these regulations, have effect as if it had been prepared, made, initiated or done under that provision.
(4) Any reference in any statutory instrument to a regulation revoked by these regulations shall be taken as a reference to the corresponding regulation contained in these regulations.
Interpretation
4.—(1) For the purpose of these regulations, unless the context otherwise requires—
the expression "the Act of 1949" means the Representation of the People Act 1949;
the expression "the Act of 1969" means the Representation of the People Act 1969(b);
the expression "postal proxy" means a person entitled to vote by post as proxy at an election.
(2) A claim or objection includes a claim or objection that a letter or date should or should not be placed against a person's name in the electors list and the register in accordance with regulation 8 or regulation 9(a).
(3) A reference in these regulations to any enactment or statutory instrument shall be construed as including a reference to that enactment or statutory instrument as amended or replaced by any other enactment or statutory instrument.
(4) A reference in these regulations to a regulation shall be construed as a reference to a regulation contained in these regulations.
(5) A reference in these regulations to a form identified by means of a letter shall be construed as a reference to the form so identified in the Schedule to these regulations.
(6) A reference in these regulations to the record or list of absent voters, proxies or postal proxies shall be taken as referring to the records or lists prepared for parliamentary and local government elections.
(7) The Interpretation Act 1889 shall apply for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament.
(a) 1889 c. 63.
(b) 1969 c. 15.
PART II
REGISTRATION
The Register and Electors List
Separate part of electors lists and register for each registration unit
5.—(1) The electors lists and the register shall be framed in separate parts for each registration unit.
(2) The registration unit shall be each parliamentary polling district, if wholly contained in an electoral area or, where a parliamentary polling district is contained in more than one electoral area, each part of the polling district contained in a separate electoral area.
Order of names in register
6.—(1) Subject to paragraph (2) of this regulation, the names in each registration unit in the register shall be arranged in street order unless the local authority appointing the registration officer determine for any unit that street order is not reasonably practicable in which case the names shall be arranged in alphabetical order or partly in street order and...
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