The Representation of the People (Scotland) (Amendment) Regulations 2006
| Jurisdiction | UK Non-devolved |
| Citation | SI 2006/834 |
| Year | 2006 |
2006 No. 834 (S. 9)
REPRESENTATION OF THE PEOPLE, SCOTLAND
The Representation of the People (Scotland) (Amendment) Regulations 2006
Made 9th March 2006
Coming into force 23th March 2006
The Secretary of State, having consulted the Electoral Commission in accordance with section 7(1) and (2)(e) of the Political Parties, Elections and Referendums Act 20001about these Regulations, in exercise of the powers conferred upon him by–
(a) sections 10A(9), 13A(6), 53, and 201(1) and (3) of, and rule 24 of Schedule 1 and paragraphs 3A, 5A(2) and (3), 10A, 10B, 11, 12 and 13(1A) of Schedule 2 to, the Representation of the People Act 19832;
(b) having regard to the definition of “prescribed” in section 202(1) of that Act, sections 4(4), 9(2), 10A(1), 13(3), 13A(1) and (2) and 13B(3) of, and rule 45(1B) in Schedule 1 to, that Act3; and
(c) having regard to the definition of “prescribed” in section 202(1) of that Act and paragraph 1(2) of Schedule 4 to the Representation of the People Act 20004, the following provisions of that Schedule, namely, paragraphs 3(1)(b) and (2)(c), 4(1)(b), (2)(c) and (4)(a), 6(7) and (8) and 7(5)(c) and (7),
and of all other powers enabling him in that behalf, hereby makes the following Regulations.
A draft of this instrument which has been laid before and approved by resolution of each House of Parliament in accordance with section 201(2) of the Representation of the People Act 1983:
Citation, commencement, interpretation and extent
1.—(1) These Regulations may be cited as the Representation of the People (Scotland) (Amendment) Regulations 2006 and shall come into force on the fourteenth day after the day on which they are made.
(2) In these Regulations, “the 2001 Regulations” means the Representation of the People (Scotland) Regulations 20015.
(3) These Regulations shall extend to Scotland only.
Amendment to provision about applications for registration
2. In regulation 26 of the 2001 Regulations, at the end of paragraph (1) insert–
“(f)
“(f) except in the case of a person applying to be registered in pursuance of an overseas elector’s declaration, the applicant’s nationality;”.
Amendment to provision about general requirements for applications for an absent vote
3. In regulation 51(2)(b) of the 2001 Regulations, for “or will be registered” substitute “registered or has applied to be (or is treated as having applied to be) registered”.
Additional provisions concerning the requirements for applications for an absent vote
4. After Regulation 51 of the 2001 Regulations insert the following–
“Additional provision concerning the requirement that an application for an absent vote must be signed by the applicant
51A. The registration officer may satisfy himself that an application for an absent vote meets the requirement in regulation 51(3) that it has been signed by the applicant by referring to any signature previously provided by the applicant to the registration officer or returning officer.
Additional requirements for applications for ballot papers to be sent to different address from that shown in the record kept under paragraph 3(4) or 7(6) of Schedule 4
51B.—(1) An application under–
(a)
(a) paragraph 4(3)(a) of Schedule 4 by a person shown as voting by post in the record kept under paragraph 3(4) of that Schedule; or
(b)
(b) paragraph 7(7) of that Schedule by a person shown as voting by post in the record kept under paragraph 7(6) of that Schedule,
for his ballot paper to be sent to a different address from that shown in the record shall set out why the applicant’s circumstances will be or are likely to be such that he requires his ballot paper to be sent to that address.
(2) Paragraph (1) does not apply to an application at a local government election in Scotland.”.
Amendment to provision about additional requirements for applications for a proxy vote in respect of a particular election
5. For regulation 55 of the 2001 Regulations substitute–
“Additional requirements for applications for a proxy vote in respect of a particular election
55.—(1) An application under paragraph 4(2) of Schedule 4 to vote by proxy at a particular election shall set out why the applicant’s circumstances on the date of the poll for that election in respect of which it is made will be or are likely to be such that he cannot reasonably be expected to vote in person at his allotted polling station.
(2) Where an application under paragraph 4(2) of Schedule 4–
(a)
(a) is made on the grounds of the applicant’s physical incapacity; and
(b)
(b) is made after 5 p.m. on the sixth day before the date of poll at the election for which it is made,
the requirements of regulation 53 as to the matters to be specified and the attestation shall apply.
(3) Where an application mentioned in paragraph (2) is made, the person who attests the application shall state, in addition to those matters specified in regulation 53(4), to the best of his knowledge and belief, the date upon which the applicant became physically incapacitated.
(4) Paragraph (2) does not apply to a local government election in Scotland.”.
Amendment to provision about closing date for applications
6.—(1) Other than in its application to a local government election in Scotland, regulation 56 of the 2001 Regulations shall be amended as follows.
(2) In paragraph (1) for “3(6) or (7)” substitute “3(1), (6) or (7), or 7(4)”.
(3) In paragraph (2) for “3(1) or (2), or 6(7) or 7(4)” substitute “3(2) or 6(7)”.
(4) For paragraph (3) substitute–
“3 Subject to paragraph (3A), an application under paragraph 4(2) or 6(8) of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the sixth day before the date of the poll at the election for which it is made.
3A Where–
(a) an application under paragraph 4(2) of Schedule 4 is made on the grounds of the applicant’s physical incapacity; and
(b) the applicant became physically incapacitated after 5 p.m. on the sixth day before the date of the poll at the election for which it is made,
the application, or an application under paragraph 6(8) of Schedule 4 made by virtue of that application, shall be refused if it is received after 5 p.m. on the day of the poll at the election for which it is made.”.
(5) In paragraph (4) for “7(7)” substitute “4(1) or 7(7)”.
(6) After paragraph (7) insert–
“8 In the application of this regulation to a local government election in Scotland–
(a) in paragraph (1) for “3(1), (6) or (7), or 7(4)” substitute “3(6) or (7)”,
(b) in paragraph (2) for “3(2) or 6(7)” substitute “3(1) or (2), or 6(7) or 7(4)”,
(c) for paragraph (3) substitute–
“(3) An application under paragraph 4(1) or (2) or 6(8) of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the sixth day before the date of the pool at the election for which it is made.”,
(d) omit paragraph (3A), and
(e) in paragraph (4) omit “4(1) or”.”.
Amendment to provision about grant or refusal of applications
7.—(1) Other than in its application to a local government election in Scotland, regulation 57 of the 2001 Regulations shall be amended as follows.
(2) In paragraphs (1) and (5) of the 2001 Regulations omit “, where practicable,”.
(3) After paragraph (4) insert–
“4A Where the registration officer grants an application made under–
(a) paragraph 4(3)(a) of Schedule 4 by a person shown as voting by post in the record kept under paragraph 3(4) of that Schedule; or
(b) paragraph 7(7) of that Schedule by a person shown as voting by post in the record kept under paragraph 7(6) of that Schedule,
he shall notify the applicant of this.
4B Where a person is removed from the record kept pursuant to paragraph 3(4) of Schedule 4, the registration officer shall notify him of this and the reason for it.
4C Where the appointment of a proxy is cancelled by the elector or otherwise ceases to be in force, the registration officer shall notify the elector that the appointment has been cancelled or, as the case may be, notify him that the appointment has ceased and the reason for it.”.
(4) After paragraph (6) insert–
“7 In the application of this regulation to a local government election in Scotland–
(a) the notification requirements in paragraphs (1) and (5) shall only apply where notification is practicable, and
(b) paragraphs (4A), (4B) and (4C) shall be omitted.”.
Amendment to provision about spoilt postal ballot papers
8.—(1) Regulation 77 of the 2001 Regulations shall be amended as follows.
(2) For paragraphs (1) and (2) substitute–
“1 If a postal voter has inadvertently dealt with his postal ballot paper or declaration of identity in such a manner that it cannot be conveniently used as a ballot paper (referred to as “a spoilt ballot paper”) or, as the case may be, a declaration of identity (referred to as “a spoilt declaration of identity”) he may return (either by hand or by post) to the returning officer the spoilt ballot paper or, as the case may be, the spoilt declaration of identity.
2 Where a postal voter exercises the entitlement conferred by paragraph (1), he shall also return–
(a) the postal ballot paper or, as the case may be, the declaration of identity, whether spoilt or not;
(b) where postal ballot papers for more than one election have been issued together under regulation 65, all other ballot papers...
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