Representation of the People (Scotland) Regulations 1983
| Jurisdiction | UK Non-devolved |
| Citation | SI 1983/548 |
1983 No. 548 (S. 52)
REPRESENTATION OF THE PEOPLE
The Representation of the People (Scotland) Regulations 19838thMarch 1983
10thMarch 1983
1stApril 1983
ARRANGEMENT OF REGULATIONS
PART I
GENERAL
1. Citation, commencement and extent.
2. Revocation and savings.
3. Interpretation.
PART II
VOTERS REGISTERED BY VIRTUE OF A SERVICE OR PATIENT'S DECLARATION
4. Qualification for Crown servant.
5. Contents of service declaration.
6. Service declaration by Crown servants, British Council employees and spouses.
7. Transmission of service declaration.
8. Service declaration by person about to leave the United Kingdom.
9. Patient's declaration.
10. Invalid service or patient's declaration.
11. Service declaration ceasing to be in force.
PART III
REGISTRATION
The Register and Electors Lists
12. Separate part of electors lists and register for each registration unit.
13. Order of names in register.
14. Registration number in register.
15. Marking of names to indicate at which elections person entitled to vote.
16. Form of the electors lists.
17. Publication of the electors lists.
Claims and Objections
18. Notice of claims and objections.
19. Time for making claims and objections.
20. Form of claims and objections.
21. Entry and preliminary disposal of claims and objections.
22. Hearing of claims and objections.
23. Corrections to the electors lists.
24. Other corrections to the electors lists.
Publication and Sale of the Register
25. Publication of register.
26. Information about electors.
27. Free copies of register.
28. Sale of register.
Supplementary
29. Declaration as to age and nationality.
30. Information from householders.
31. Adaptation of electors lists and register in consequence of altered polling districts.
32. Corrupt and illegal practices lists.
Alterations to Published Register
33. Claims for inclusion in register of electors and objections thereto.
34. Preliminary disposal of claims and objections made under regulation 33.
35. Hearing of claims and objections made under regulation 33.
36. Correction of register.
PART IV
ABSENT VOTERS, PROXIES AND POSTAL PROXIES
37. Application to be treated as an absent voter.
38. Application to vote by proxy.
39. Appointment of proxy.
40. Proxy paper.
41. Cancellation of proxy appointment.
42. Application by proxy to vote by post.
43. Disregard of applications.
44. Records and lists of absent voters, proxies and postal proxies.
45. Marked register of electors for polling stations.
46. Certificate of employment.
PART V
ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS
Interpretation
47. Interpretation of Part V.
Issue of Postal Ballot Papers
48. Form of postal ballot paper.
49. Form of declaration of identity.
50. Persons entitled to be present at issue and receipt of postal ballot papers.
51. Declaration of secrecy.
52. Notice of issue of postal ballot papers.
53. Marking of postal ballot paper.
54. Refusal to issue postal ballot paper.
55. Ballot paper envelope.
56. Delivery of postal ballot papers to post office.
57. Provision of postal voters' ballot box.
58. Sealing up of special lists and counterfoils.
59. Spoilt postal ballot paper.
Receipt of Postal Ballot Papers
60. Receipt of covering envelope.
61. Opening of postal voters' ballot box.
62. Opening of covering envelopes.
63. Sealing up of rejected votes and declarations of identity.
64. Opening of ballot paper envelopes.
65. Abandoned poll.
66. Forwarding of documents.
PART VI
SUPPLEMENTARY
67. Appeals.
68. Official poll card at parliamentary elections.
69. Return and declaration of election expenses.
70. Forms.
71. Sending of notices, etc.
72. Publication of documents.
73. Misnomers.
74. Time.
75. Penalties.
Schedule 1 Enabling Powers.
Schedule 2 Revocations.
Schedule 3 Forms.
In exercise of the powers conferred upon me by the provisions of the Representation of the People Act 1983(a) specified in Schedule 1 to these regulations, and of all other powers enabling me in that behalf, I hereby make the following regulations:—
PART I
GENERAL
Citation, commencement and extent
1.—(1) These regulations may be cited as the Representation of the People (Scotland) Regulations 1983.
(2) These regulations shall, subject to their having been approved by resolution of each House of Parliament, come into operation on 1st April 1983.
(3) These regulations shall extend to Scotland only.
Revocation and savings
2. The regulations specified in Schedule 2 to these regulations are hereby revoked:
Provided that regulations 34 and 72 of the Representation of the People (Scotland) Regulations 1975(b) shall continue to have effect in relation to an election notice of which is published before the coming into operation of these regulations.
Interpretation
3.—(1) For the purpose of these regulations, unless the context otherwise requires—
"the Act of 1983" means the Representation of the People Act 1983;
"British Council employee" means a person employed by the British Council in a post outside the United Kingdom;
(a) 1983 c. 2.
(b) S.I. 1975/850.
"Crown servant" means a person who is employed in a post falling within the class or description set out in regulation 4;
"patient's declaration" means a declaration made under section 7 of the Act of 1983 by a voluntary mental patient (as defined in section 7(2) of that Act);
"postal proxy" means a person entitled to vote by post as proxy at an election;
"registration officer" means an electoral registration officer;
"service declaration" means a declaration made in accordance with section 15 of the Act of 1983.
(2) A reference in these regulations to a rule in the elections rules shall be construed as a reference to a rule in the parliamentary elections rules in Schedule 1 to the Act of 1983 or, as the case may be, to the corresponding rule in the Scottish Local Elections Rules 1974(a).
(3) 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 lists and the register in accordance with regulation 15(1) as respects a letter and regulation 15(2) and section 12(5) of the Act of 1983 as respects a date.
(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 Schedule 3 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 required to be kept under Part I of the Act of 1983.
PART II
VOTERS REGISTERED BY VIRTUE OF A SERVICE OR PATIENT'S DECLARATION
Qualification for Crown servant
4. A person employed in the service of the Crown in a post outside the United Kingdom has a service qualification if he is required to devote his whole working time to the duties of that post and the remuneration of it is paid wholly out of money provided by Parliament.
Contents of a service declaration
5.—(1) In addition to the matters specified in paragraphs (a) to (f) of section 16 of the Act of 1983, a service declaration shall state—
(a) the declarant's full name and present address;
(b) the grounds on which the declarant claims a service qualification; and
(a) S.I. 1974/82, amended by S.I. 1977/120, 1979/656.
(c) such of the particulars specified in paragraphs (2), (3) or (4) below as are relevant to the service qualification claimed by the declarant.
(2) Where the declarant claims a service qualification on the grounds that he is a member of the forces (as defined in section 59(1) of the Act of 1983) or the spouse of such a member, the service declaration shall state—
(a) the service (whether naval, military or air forces) in which that member serves,
(b) the rank or rating of that member, and
(c) the service number of that member;
and where that member serves in the military forces, the service declaration shall in addition state the regiment or corps in which he serves.
(3) Where the declarant claims a service qualification on the grounds that he is a Crown servant or the spouse of such a servant, the service declaration shall state—
(a) the name of the Government department in which that servant works, and
(b) a description of the post of that servant.
(4) Where the declarant claims a service qualification on the ground that he is a British Council employee or the spouse of such an employee, the service declaration shall state a description of the post of that employee.
Service declaration by Crown servants, British Council employees and spouses
6.—(1) A service declaration made by a person who is or will be a Crown servant or by his or her spouse shall be attested by an officer of, or designated by, the Government department under which that person or his or her spouse is or will be employed or by another person himself having a service qualification through being employed in the service of the Crown in a post outside the United Kingdom.
(2) A service declaration made by a person who is or will be a British Council employee or by his or her spouse shall be attested by an officer of the British Council or by another person himself having a service qualification through being employed in the service of the Crown in a post outside the United Kingdom.
(3) An officer attesting a declaration under this regulation shall certify that to the best of his knowledge and belief the statements contained in the declaration are true.
Transmission of service declaration
7.—(1) A service declaration made by a member of the forces or his or her spouse shall be transmitted by or on behalf of the declarant to the appropriate registration officer.
(2) A service declaration made by a person who is or will be a Crown servant or by his or her spouse shall be transmitted by the declarant to the Government department under which that person or his or her spouse is or will be employed or to an officer...
To continue reading
Request your trial