The Representation of the People Act 1983 Remedial (Scotland) Order 2019

Document Number:2019 No. 261
 
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The Representation of the People Act 1983 Remedial (Scotland) Order 2019

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2019 No. 261

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Order made by the Scottish Ministers, laid before the Scottish Parliament under section 14(2)(b) of the Convention Rights (Compliance) (Scotland) Act 2001 for approval by resolution of the Scottish Parliament within 120 days beginning with the date on which the Order was made, not taking into account periods of dissolution or recess for more than 4 days.

Scottish Statutory Instruments

Representation Of The People

Made

at 11.15 a.m. on 1 st August 2019

Laid before the Scottish Parliament

at 2.30 p.m. on 1 st August 2019

Coming into force in accordance with article 1

The Scottish Ministers make the following remedial Order in exercise of the powers conferred by section 12(1) and (3) of the Convention Rights (Compliance) (Scotland) Act 2001(1) (“the 2001 Act”) and all other powers enabling them to do so.

The Scottish Ministers consider the provision made by this Order to be necessary or expedient in consequence of section 3 of the Representation of the People Act 1983(2) being incompatible with a Convention right(3).

In accordance with section 12(2) of the 2001 Act the Scottish Ministers are of the opinion that there are compelling reasons for making a remedial order as distinct from taking any other action.

In accordance with section 14(1) of the 2001 Act it appears to the Scottish Ministers that, for reasons of urgency, it is necessary to make a remedial order without following the procedure under section 13(2) to (4) of the 2001 Act.

Citation and commencement

  1. This Order may be cited as the Representation of the People Act 1983 Remedial (Scotland) Order 2019 and comes into force on the day after the day on which it is made.

    Application of this Order

  2. —(1) This Order applies to the election to be held under section 9 of the Scotland Act 1998(4) (constituency vacancies) on 29 August 2019 for a constituency member of the Scottish Parliament to serve for the Shetland Islands constituency.

    (2) That election is referred to in this Order as the “Shetland Islands by-election”.

    Interpretation

  3. In this Order—

    “the 1983 Act” means the Representation of the People Act 1983 ,

    “the 2015 Order” means the Scottish Parliament (Elections etc.) Order 2015(5) ,

    “constituency member” has the meaning given in section 126(1) of the Scotland Act 1998 ,

    “convicted person” has the meaning given in section 3(2)(a) of the 1983 Act(6) ,

    “dwelling” has the meaning given in section 202(1) of the 1983 Act(7) ,

    “elector” has the meaning given in section 202(1) of the 1983 Act(8) ,

    “penal institution” has the meaning given in section 3(2)(b) of the 1983 Act,

    “register of local government electors” has the meaning given in paragraph 10 of schedule 7 of the 1983 Act,

    “registration officer” means an officer appointed under section 8(3) of the 1983 Act(9) ,

    “relevant date” has the meaning given in section 4(6) of the...

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