Representation of the People (Scotland) Regulations 2001
| Jurisdiction | UK Non-devolved |
| Citation | SI 2001 Draft |
Draft Regulations laid before Parliament under section 201(2) of the Representation of the People Act 1983, paragraph 2(2) of Schedule 2 to the European Communities Act 1972 and pargaraph 2(6) of Schedule 1 to the European Parliamentary Elections Act 1978, for approval by resolution of each House of Parliament.
2001No. (S. )
REPRESENTATION OF THE PEOPLE
30101
Representation of the People (Scotland) Regulations 2001
2001
16thFebruary2001
ARRANGEMENT OF REGULATIONS
PART I
GENERAL, INTERPRETATION AND MISCELLANEOUS
1. |
Citation, commencement and extent |
2. |
Revocations |
3. |
Interpretation |
4. |
Forms |
5. |
Communication of applications, notices, etc. |
6. |
Electronic signatures and related certificates |
7. |
Copies of documents |
8. |
Time |
9. |
Official poll card at parliamentary elections |
10. |
Return and declaration of certain election expenses |
11. |
Interference with notices etc. |
12. |
Device referred to in rule 29(3A)(b) of the parliamentary elections rules |
13. |
Registration of European Parliamentary overseas electors |
PART II
SERVICE AND OVERSEAS ELECTORS' DECLARATIONS
14. |
Qualification for Crown servant |
15. |
Contents of service declaration |
16. |
Transmission of service declaration |
17. |
Notification by registration officer in respect of service declarations |
18. |
Contents of overseas elector's declaration |
19. |
Certain declarants to supply copy of birth certificates |
20. |
Attestation of certain overseas electors' declarations |
21. |
Transmission of overseas elector's declaration |
22. |
Notification about registration as overseas elector |
PART III
REGISTRATION
23. |
Power to require information |
24. |
Evidence as to age and nationality |
25. |
Reminders to electors registered pursuant to a declaration |
26. |
Applications for registration |
27. |
Objections to registration |
28. |
Inspection of applications and objections |
29. |
Procedure for determining applications for registration and objections without a hearing |
30. |
Notice of hearing |
31. |
Hearing of applications and objections |
32. |
Registration appeals |
33. |
Circumstances when the power in section 10A(5)(b) of the 1983 Act applies |
34. |
Retaining entries in register |
35. |
Registration officer's right to inspect certain records |
36. |
Notices in connection with registration |
37. |
Notice by registration officer of change of address |
38. |
Separate part of register for each parliamentary polling district |
39. |
Different letter, number or combination of letter and number for each parliamentary polling district |
40. |
Qualifying addresses which are not included in the register |
41. |
Order of names |
42. |
Marking of names |
43. |
Publication of register |
44. |
Information about register |
45. |
Preparation and publication of list of overseas electors |
46. |
Supply of free copies of register and list of overseas electors otherwise than on request |
47. |
Supply of free copies of register and list of overseas electors on request |
48. |
Sale of register and list of overseas electors |
49. |
Supply of register and list of overseas electors in data form |
PART IV
ABSENT VOTERS
50. |
Interpretation of Part IV |
51. |
General requirements for applications for an absent vote |
52. |
Additional requirements for applications for the appointment of a proxy |
53. |
Additional requirements for applications for a proxy vote for a particular or indefinite period on grounds of physical incapacity or blindness |
54. |
Additional requirements for applications for a proxy vote for a particular or indefinite period based on occupation, service, employment or attendance on a course |
55. |
Additional requirements for applications for a proxy vote in respect of a particular election |
56. |
Closing date for applications |
57. |
Grant or refusal of applications |
58. |
Notice of appeal |
59. |
Cancellation of proxy appointment |
60. |
Inquiries by registration officer |
61. |
Records and lists kept under Schedule 4 |
62. |
Marked register for polling stations |
63. |
Certificate of employment at a parliamentary election |
PART V
ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS
64. |
Interpretation of Part V |
65. |
Combination of polls |
66. |
Form of declaration of identity |
67. |
Persons entitled to be present at proceedings on issue of postal ballot papers |
68. |
Persons entitled to be present at proceedings on receipt of postal ballot papers |
69. |
Agents of candidates who may attend proceedings on receipt of postal ballot papers |
70. |
Notification of requirement of secrecy |
71. |
Time when postal ballot papers are to be issued |
72. |
Procedure on issue of postal ballot paper |
73. |
Refusal to issue postal ballot paper |
74. |
Envelopes |
75. |
Sealing up of counterfoils and security of special lists |
76. |
Delivery of postal ballot papers |
77. |
Spoilt postal ballot papers |
78. |
Lost postal ballot papers |
79. |
Alternative means of returning postal ballot paper or declaration of identity |
80. |
Notice of opening of postal ballot paper envelopes |
81. |
Postal ballot boxes and receptacles |
82. |
Receipt of covering envelope |
83. |
Opening of postal voters' ballot box |
84. |
Opening of covering envelopes |
85. |
Procedure in relation to declarations of identity |
86. |
Opening of ballot paper envelopes |
87. |
List of rejected postal ballot papers |
88. |
Checking of lists kept under regulation 87 |
89. |
Sealing of receptacles |
90. |
Abandoned poll |
91. |
Forwarding of documents |
SCHEDULES
Schedule 1: |
Enabling powers |
Schedule 2: |
Revocations |
Schedule 3: |
Forms |
Schedule 4: |
Application with modifications of provisions of the 1983 and 1985 Acts for registration of European Parliamentary overseas electors |
Whereas a draft of these Regulations has been approved by resolution of each House of Parliament;
Now, therefore, the Secretary of State in exercise of the powers conferred on him by the provisions which are specified in Schedule 1 to these Regulations, and of all other powers enabling him on that behalf, hereby makes the following Regulations:-
PART I
GENERAL, INTERPRETATION AND MISCELLANEOUS
Citation, commencement and extent
1. - (1) These Regulations may be cited as the Representation of the People (Scotland) Regulations 2001 and shall come into force on 16th February 2001.
(2) These Regulations shall extend to Scotland only.
Revocations
2. The instruments listed in column 1 of Schedule 2 to these Regulations (which have the references listed in column 2) are hereby revoked to the extent indicated in column 3 of that Schedule.
Interpretation
3. - (1) For the purposes of these Regulations, unless the context otherwise requires-
"1983 Act" means the Representation of the People Act 1983( 1);
"1985 Act" means the Representation of the People Act 1985( 2);
"2000 Act" means the Representation of the People Act 2000( 3);
"available for inspection" means available for inspection during ordinary office hours;
"British Council employee" means a person employed by the British Council in a post outside the United Kingdom;
"candidate" means-
(a) in relation to a parliamentary election, a person who is nominated as a candidate at the election, or is declared by himself or by others to be a candidate on or after the day of the issue of the writ for the election, or after the dissolution or vacancy in consequence of which the writ was issued;(b) in relation to a local government election, a person having been nominated or having declared himself a candidate for election to the office to be filled at the election;"Crown servant" means a person who is employed in a post falling within the class or description set out in regulation 14 below;
"data" has the same meaning as in section 1(1) of the Data Protection Act 1998( 4);
"European Parliamentary overseas elector" means a peer who has made a European Parliamentary overseas elector's declaration and is registered or is entitled to be registered in pursuance of it;
"European Parliamentary overseas elector's declaration" means a declaration made in pursuance of section 2 of the 1985 Act, as applied by regulation 13 of, and Schedule 4 to, these Regulations;
"list of overseas electors" means the list prepared under regulation 45 below;
"overseas elector" means a person who has made an overseas elector's declaration and is registered or entitled to be registered as a parliamentary elector in pursuance of it;
"register" means the register of electors; and
"registration officer" means the electoral registration officer.
(2) A reference in these Regulations to a numbered rule in the elections rules shall be construed as a reference-
(a) to the rule of that number in the parliamentary elections rules in Schedule 1 to the 1983 Act in the case of a parliamentary election, or(b) except in the case of Part V of these Regulations, to the corresponding rule in the rules made under section 42 of the 1983 Act in the case of a local government election.(3) 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 Schedule 3 to these Regulations.
(4) In the application of these Regulations to the registers which are required to be published not later than 15th February 2001 by section 13(1) of the 1983 Act, as enacted, references to the publication of the revised version are to be read as references to the publication of the register.
Forms
4. - (1) The registration officer shall supply free of charge as many forms for use in connection with-
(a) section 10A(1)(a) and (3) of the 1983 Act( 5), and(b) applications made under Schedule 4 to the 2000 Act and Part IV of these Regulations,as appear to that officer reasonable in the circumstances to any person who satisfies that officer of his intention to use the forms in connection with an election.
(2) The forms set out in Schedule 3 to these Regulations or forms substantially to the like effect may be used with such variations as the circumstances may require.
Communication of applications, notices etc.
5. The requirement in these Regulations that any application, notice or objection should be in writing is satisfied where (apart from the usual meaning of that expression)...
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