Representation of the People (Scotland) (Amendment) Regulations 2002

Nº documento:2002 No. 1872 (S. 7)
 
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Statutory Instruments

REPRESENTATION OF THE PEOPLE

Made

18 th July 2002

Coming into force in accordance with regulation 2

Whereas the Secretary of State has consulted the Electoral Commission in accordance with section 7(1) and (2)(e) of the Political Parties, Elections and Referendums Act 2000(1) about these Regulations;

And whereas a draft of these Regulations has been laid before, and approved by resolution of, each House of Parliament;

Now, therefore, the Secretary of State in exercise of the powers conferred on her by–

sections 53(2) and 201(1) and (3)(3) of, rule 24(4) of Schedule 1 and paragraphs 10 to 13(5) of Schedule 2 to, the Representation of the People Act 1983(6); and

having regard to the definition of “prescribed” in section 202(1) of that Act, sections 10(4) , 10 A(1) , 13 A(1) and (2) and 13 B(3) of that Act(7);

and of all other powers enabling her in that behalf, hereby makes the following Regulations:

Citation, interpretation and extent

  1. —(1) These Regulations may be cited as the Representation of the People (Scotland) (Amendment) Regulations 2002.

    (2) In these Regulations–

    “the 2001 Regulations” means the Representation of the People (Scotland) Regulations 2001(8); and

    “the 1983 Act” means the Representation of the People Act 1983(9).

    (3) These Regulations shall extend to Scotland only.

    Commencement

  2. —(1) Subject to paragraphs (2) and (3) below, these Regulations shall come into force on the expiry of the period of 14 days beginning with the day on which these Regulations are made.

    (2) Subject to paragraph (3) below, regulations 3(2)(a) and (b) , 5(3) and (4) , 6 , 8 to 10 and 14 shall come into force on 18 th November 2002.

    (3) Where any revised version of the register of electors has not been published on or before 18 th November 2002 under section 13(1) of the 1983 Act(10) , paragraph (2) above shall not have effect in relation to that register until the day following the day on which the revised version of the register has been so published.

    Revocations

  3. —(1) The following regulations are hereby revoked.

    (2) Those regulations are–

    (a) regulations 46 to 49 (supply and sale of register and list of overseas electors) of the 2001 Regulations;

    (b) regulation 4 of the Representation of the People (Scotland) (Amendment) Regulations 2001(11) , and

    (c) the Representation of the People (Form of Canvass) (Scotland) Regulations 2001(12).

    Prescribed form

  4. The form in Part I of the Schedule to these Regulations is hereby prescribed for the purposes of section 10(4) of the 1983 Act(13) (form of annual canvass).

    Amendment of interpretation provisions

  5. —(1) Regulation 3(1) of the 2001 Regulations (interpretation) is amended as follows.

    (2) In the definition of “candidate” for sub-paragraph (a) substitute–

    “(a) in relation to a parliamentary election has the same meaning as in section 118 A(2) of the 1983 Act(14)”.

    (3) Before the definition of “European Parliamentary overseas elector” insert–

    ““data form” means information which is in a form which is capable of being processed by means of equipment operating automatically in response to instructions given for that purpose;

    “edited register” has the meaning given in regulation 92(1) below;”.

    (4) After the definition of “European Parliamentary overseas elector’s declaration” insert–

    ““full register” has the meaning given in regulation 93(1) below;”.

    (5) After the definition of “register” insert–

    ““registration area” means the area for which a registration officer acts;”.

    Amendment of provision about copies

  6. —(1) Regulation 7 of the 2001 Regulations (copies of documents) shall become paragraph (1) of regulation 7.

    (2) After that paragraph insert–

    “(2) Paragraph (1) does not apply to the full register.

    (3) A person inspecting the full register may not–

    (a) make copies of any part of it, or

    (b) record any particulars included in it,

    otherwise than by means of hand-written notes.

    (4) A person who inspects the full register and makes a copy of it or records any particulars included in it otherwise than by means of hand-written notes shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

    (5) In this regulation “full register” includes–

    (a) any part of it, and

    (b) any notice published under section 13 A(2) or 13 B(3) of the 1983 Act(15) altering the register.”.

    Amendment of provision about applications

  7. —(1) Regulation 26 of the 2001 Regulations (applications for registration) is amended as follows.

    (2) In paragraph (1) , after “shall” insert “, in addition to the requirements of section 10 A(1 A) and 13 A(2 A) of that Act,”.

    (3) At the end of paragraph (1) insert–

    “(e) in the case of an applicant who requests that his name and address be omitted from the edited version of the register, that request”.

    (4) In paragraph (2) , for “overseas elector’s application” substitute “overseas elector’s declaration”.

    (5) In paragraph 3 , for “under this regulation” substitute “for registration”.

    (6) After paragraph (5) insert–

    “(6) Where the registration officer provides the form on which an application for registration is made, the form of words in Part II of the Schedule, or a form of words to the same effect, to the Representation of the People (Scotland) (Amendment) Regulations 2002 must form part of, or accompany, the application form.

    (7) Where an application for registration is made otherwise than on a form provided by the registration officer, that officer must on or before the determination of the application send to the applicant the form of words referred to in paragraph (6) above and must, at the same time, inform the applicant, in writing, that he may, before the end of the period of 21 days, starting with the day on which the officer sends that form of words to the applicant, make a request, in writing, to the registration officer that his name and address be excluded from the edited version of the register.

    (8) Where an applicant does not reply to the registration officer within the period of 21 days mentioned in paragraph (7) above, the registration officer shall assume that the applicant does not request that his name and address be excluded from the edited version of the register.

    (9) Where an applicant does reply to the registration officer within the period of 21 days mentioned in paragraph (7) above and in his response requests that his name and address be excluded from the edited version of the register, that request shall be treated as part of the application for registration.”.

    Amendment of provision about notices

  8. In regulation 36 of the 2001 Regulations (issue of notices in connection with registration) , for subparagraph (a) of paragraph (2) substitute–

    “(a) making a copy of it available for inspection under supervision–

    (i) at his office, and

    (ii) at such places, if any, in his registration area as allow members of the public in that area reasonable facilities for that purpose;

    (aa) supplying copies of it in accordance with Part VI of these Regulations;”.

    Manner of publication of register

  9. In regulation 43 of the 2001 Regulations (publication of register) , for paragraph (1) substitute–

    “(1) The manner in which each revised version of the full register is to be published under section 13(1) and (3) of the 1983 Act is by the registration officer–

    (a) making a copy of it available for inspection under supervision–

    (i) at his office, and

    (ii) at such places, if any, in his registration area as allow members of the public in that area reasonable facilities for that purpose; and

    (b) supplying copies of it in accordance with Part VI of these Regulations.

    (1 A) Where a copy of the full register is made available under paragraph (1)(a) above by providing the register on a computer screen or otherwise in data form, the registration officer shall ensure that the manner in, and equipment on, which that copy is provided do not permit any person consulting that copy to–

    (a) search it by electronic means by reference to the name of any person, or

    (b) copy or transmit any part of that copy by electronic, or any other, means.”.

    Manner of publication of list of overseas electors

  10. In regulation 45(3) of the 2001 Regulations (publication of the list of overseas electors) after “inspection” insert “under supervision”.

    Time when postal ballot papers are to be issued

  11. In regulation 71(2) of the 2001 Regulations (time when postal ballot papers are to be issued) for the words from “the registration officer” to the end substitute “the application to vote by post has been granted.”.

    Procedure on issue of postal ballot papers

  12. At the end of regulation 72 of the 2001 Regulations (procedure on issue of postal ballot paper) insert–

    “(7) The address to which the postal ballot paper, declaration of identity and the envelopes referred to regulation 74 below are to be sent is–

    (a) in the case of an elector, the address shown in the absent voters list;

    (b) in the case of a proxy, the address shown in the special list kept under paragraph 7(8) of Schedule 4 to the 2000 Act.”.

    Declarations of identity

  13. For paragraphs (5) to (7) of regulation 85 of the 2001 Regulations (procedure in relation to declarations of identity) substitute–

    “(5) Where–

    (a) the number (or numbers) on a valid declaration of identity is (or are) not the same as the number (or numbers) on the ballot paper envelope, or

    (b) that envelope has no number on it (or only one number when the declaration of identity has more than one) ,

    the returning officer shall open the envelope.

    (6) Paragraph (7) below applies where–

    (a) there is a valid declaration of identity but no ballot paper envelope, or

    (b) the ballot paper envelope has been opened under regulation 84(3) or paragraph (5) above.

    (7) In the circumstances described in paragraph (6) above, the returning officer shall place–

    (a) in the postal ballot paper box, any ballot paper the number on which is the same as the number (or one of the numbers) on the valid...

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