Made | 18th July 2002 | ||
Coming into force in accordance with regulation 2 |
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-
(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 18th November 2002.
(3) Where any revised version of the register of electors has not been published on or before 18th 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-
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-
(3) Before the definition of "European Parliamentary overseas elector" insert-
(4) After the definition of "European Parliamentary overseas elector's declaration" insert-
(5) After the definition of "register" insert-
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-
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-
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 10A(1A) and 13A(2A) of that Act,".
(3) At the end of paragraph (1) insert-
(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-
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-
Manner of publication of register
9.
In regulation 43 of the 2001 Regulations (publication of register), for paragraph (1) substitute-
(b) supplying copies of it in accordance with Part VI of these Regulations.
(1A) 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-
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-
Declarations of identity
13.
For paragraphs (5) to (7) of regulation 85 of the 2001 Regulations (procedure in relation to declarations of identity) substitute-
the returning officer shall open the envelope.
(6) Paragraph (7) below applies where-
(7) In the circumstances described in paragraph (6) above, the returning officer shall place-
(d) in the receptacle for declarations of identity, any valid declaration not disposed of under sub-paragraph (b) or (c) above.".
Supply of register, etc.
14.
After regulation 91 of the 2001 Regulations insert-
(2) In this Part-
(3) In this Part, any reference to an employee of any person who has access to a copy of the full register shall be deemed to include any person working or providing services for the purposes of that person or employed by or on behalf of, or working for, any person who is so working or who is supplying such a service.
(4) Any restriction on the use of a copy of the full register or information contained in it which is imposed by any regulation in this Part shall apply to a person to whom a copy of the full register has been supplied or information in it has been disclosed under the equivalent regulation in the Representation of the People (England and Wales) Regulations 2001[17], or the Representation of the People (Northern Ireland) Regulations 2001[18].
(5) Subject to any direction of the Secretary of State under section 52(1) of the 1983 Act[19], any duty on a registration officer to supply data under this Part imposes only a duty to supply data in the form in which he holds it.
(6) The registration officer shall not supply data which includes information not included in the printed version of the full register otherwise than under a provision in an enactment.
Edited version of register
93.
- (1) At the time when the registration officer publishes a version of the register under section 13(1) or (3) of the 1983 Act[20], ("the full register"), he shall publish a version of the register under this regulation ("the edited register").
(2) The edited register shall omit the names and addresses of any elector whose details are included in the full register if a request has been duly made in the form referred to in section 10(4) of the 1983 Act or in accordance with regulation 26 above[21] by or on behalf of that elector for his name and address to be excluded from the edited register.
(3) In other respects the edited register shall be identical to the full register (and, accordingly, shall include any mark or date which is required to be recorded against the name of any elector).
(4) Notwithstanding the omission of names and addresses in accordance with paragraph (2) above, regulation 41 above shall apply to the edited register as it applies to the full register.
(5) Unless the contrary intention appears, any reference in these Regulations to the register is to the full register.
(6) The manner in which each revised version of the edited register is to be published under this regulation is-
(7) Each revised version of the edited register shall be kept published until the coming into force of the next revised version of it.
(2) Where the registration officer is also the counting officer at a referendum held by or under an Act of Parliament (and thereby has access to the full register without being supplied with a copy of it) this regulation also applies to-
(3) No person to whom this regulation applies may-
otherwise than in accordance with an enactment, including these Regulations.
(4) Nothing in paragraph (3) above applies to the supply or disclosure by a person to whom this regulation applies to another such person in connection with his registration duties or for the purposes of an election or referendum.
Restriction on use of the full register, or of information contained in it, supplied in accordance with enactments or obtained otherwise
95.
- (1) This regulation applies to-
(2) No person to whom this regulation applies (except by virtue of paragraph (1)(d) above) may-
other than for the purpose (express or implied) for which the copy was supplied or the information disclosed to the person in question under the relevant provision.
(3) No person to whom this regulation applies by virtue of paragraph (1)(d) above may-
other than for any purpose for which a copy could be supplied or information could be disclosed to the person in question under any enactment (including these Regulations).
(4) In this regulation "relevant provision" means any enactment (except these Regulations) under which a copy of the full register is to be supplied or information from that register is to be disclosed for a particular purpose.
to the National Library of Scotland and the British Library.
(2) No person employed by the National Library of Scotland or the British Library may-
(3) No information which is contained in the full register (that is not contained in the edited register) may be disclosed otherwise than by allowing a person using the National Library of Scotland or the British Library to inspect it under supervision.
(4) A person who inspects the copy of the full register held by the National Library of Scotland or the British Library may not-
except by means of hand-written notes.
Supply of free copy of full register for electoral purposes and restrictions on use
97.
- (1) Each registration officer shall supply, free of charge and on publication, one copy of-
to the returning officer for the council or, as the case may be, each council constituted under section 2 of the Local Government etc (Scotland) Act 1994[23] for his registration area.
(2) In paragraph (1) above the duty to supply one copy of the register is a duty to supply it in data form unless, prior to publication, the returning officer to whom it is to be supplied has requested in writing a printed copy instead.
(3) As soon as practicable after the relevant event, the registration officer shall supply free of charge to a returning officer for any constituency wholly or partly in his registration area as many printed copies of-
as the returning officer may reasonably require for the purposes of a parliamentary election.
(4) In paragraph (3) above-
(b) the duty to supply as many printed copies of the register, notices and list of overseas electors as the returning officer may reasonably require includes a duty to supply one copy of each in data form.
(5) As soon as practicable after the relevant date, a registration officer shall supply free of charge to the returning officer for the council or, as the case may be, each council, constituted under section 2 of the Local Government etc (Scotland) Act 1994 for his registration area as many printed copies of the documents referred to in paragraph (3)(a), (b) and (c) above as the returning officer may reasonably require for the purposes of a European Parliamentary election.
(6) In paragraph (5) above-
(b) the duty to supply as many printed copies of the register, notices and list of overseas electors as the returning officer may reasonably require includes a duty to supply one of each in data form.
(7) No person to whom a copy of the register has been supplied under this regulation may-
except for the purposes of an election.
Supply of free copy of full register etc to Office for National Statistics and restrictions on use
98.
- (1) Each registration officer shall supply, free of charge and on publication, one copy of-
to the Office for National Statistics[24] (in this regulation referred to as "the Office").
(2) In paragraph (1) above the duty to supply is a duty to supply in data form unless, prior to publication, the Office has requested in writing a printed copy instead.
(3) No person employed by the Office may-
(4) No information which is contained in the full register (that is not contained in the edited register) may be disclosed otherwise than-
(5) A person who inspects the full register may not-
except by means of hand-written notes.
Supply of free copy of full register etc to Electoral Commission and restrictions on use
99.
- (1) Each registration officer shall supply, free of charge and on publication, one copy of-
to the Electoral Commission (in this regulation referred to as "the Commission").
(2) In paragraph (1) above the duty to supply is a duty to supply in data form unless, prior to publication, the Commission has requested in writing a printed copy instead.
(3) Neither an Electoral Commissioner nor any person employed by the Commission may-
(4) In paragraph (3) above "Electoral Commissioner" includes a Deputy Electoral Commissioner and an Assistant Electoral Commissioner.
(5) The full register or any information which is contained in it may not be disclosed otherwise than-
Supply of free copy of full register etc to certain Commissions and restrictions on use
100.
- (1) Each registration officer shall supply, free of charge and on publication, one copy of each of the documents listed in paragraph (2) below to the Boundary Commission for Scotland and the Local Government Boundary Commission for Scotland.
(2) Those documents are-
(3) In paragraph (1) above the duty to supply is a duty to supply in data form unless, prior to publication, the Commission to whom it is to be supplied has requested in writing a printed copy instead.
(4) In paragraph (5) below "a relevant person" means, in relation to each of the Commissions referred to in paragraph (1) above-
(5) A relevant person may not-
Supply of full register etc. under regulations 102 to 108: general provisions
101.
- (1) The persons or organisations falling within regulations 102 to 108 below may request the registration officer to supply free of charge the relevant part (within the meaning of those regulations) of any of the following-
(2) Such a request shall be made in writing and shall-
(3) Unless a request has been made in advance of supply under paragraph (2)(c) above, the copy of a document supplied under this regulation shall be in data form.
(4) The registration officer shall supply the relevant part of the documents referred to in paragraph (1) above in accordance with a request that has been duly made.
(5) A person falling within regulation 107 below may not make the request set out in paragraph (2)(b) above.
(6) A person who obtains a copy of any document under paragraph (4) above may use it for any purpose for which that person would be entitled to obtain that document under these Regulations and any restrictions which apply under whichever of regulations 102 to 108 entitles that person to obtain that document for that purpose shall apply to such use.
Supply of full register etc. to elected representatives for electoral purposes and restrictions on use
102.
- (1) This regulation applies to-
(2) For the purposes of regulation 101(1) above the relevant part of the documents listed in that provision-
(3) No person to whom this regulation applies who has been supplied with a copy of the register may-
except for purposes in connection with the office by virtue of which he is entitled to the full register or for electoral purposes.
Supply of full register to holders of relevant elective offices and candidates
103.
- (1) This regulation applies to-
(2) For the purposes of regulation 101(1) above, the relevant part of the documents listed in that provision is the whole of them.
(3) No person to whom this regulation applies who has been supplied with a copy of the register may-
except for the purpose set out in paragraph (4) below.
(4) That purpose is the purpose of complying with the controls on donations contained in Schedule 7 to the Political Parties, Elections and Referendums Act 2000 or Schedule 2A to the 1983 Act[26], as the case may be.
Supply of full register etc. to local constituency parties and restrictions on use
104.
- (1) This regulation applies to any person nominated to act for the purposes of this regulation for a particular constituency by the registered nominating officer (within the meaning of section 24 of the Political Parties, Elections and Referendums Act 2000) of a registered political party.
(2) Not more than one person for the same constituency may be nominated under paragraph (1) above in respect of the same registered party and registration area.
(3) In the case of a person to whom this regulation applies, the relevant part of the documents listed in regulation 101(1) above is so much of them as relates to the constituency in question.
(4) No person to whom this regulation applies who has been supplied with a copy of the register may-
except for electoral purposes or the purposes of electoral registration.
Supply of full register etc. to registered political parties etc. and restrictions on use
105.
- (1) This regulation applies to-
(2) In the case of the parties and participants to whom this regulation applies, the relevant part of the documents listed in regulation 101(1) above is the whole of them.
(3) No person employed by, or assisting (whether or not for reward), a party or participant to which this regulation applies and to which a copy of the register has been supplied may-
except for the purposes set out in paragraph (4) below.
(4) Those purposes are-
(b) in the case of a permitted participant within the meaning of section 105(1) of that Act-
Supply of full register etc. to certain councils and restrictions on use
106.
- (1) Paragraphs 2 and 3 of this regulation apply to the council by which the registration officer was appointed.
(2) For the purposes of regulation 101(1) above the relevant part of the documents listed in that provision is the whole of them.
(3) No councillor or employee of the council may-
except for the discharge of a statutory function of the council relating to security, law enforcement and crime prevention or for statistical purposes (in which case no information shall be disclosed which includes the name and address of any elector whether that name or address appears in the edited register or only in the full register).
(4) Paragraphs (5) and (6) of this regulation apply to community councils established under section 51 of the Local Government (Scotland) Act 1973[27] for the area of the council by which the registration officer was appointed.
(5) For the purposes of regulation 101(1) above, the relevant part of the documents listed in that provision is so much of them as relates to the area of the community council concerned.
(6) No community councillor or person employed by or otherwise assisting (whether or not for reward) a community council and to whom a copy of the register has been supplied may-
except for the purpose of establishing whether any person is entitled to attend and participate in a meeting of the community council, or for electoral purposes in relation to that council.
Supply of full register etc, to certain candidates and restrictions on use
107.
- (1) This regulation applies to a candidate at-
where any part of the area in respect of which the candidate stands for election includes the whole or part of a registration area.
(2) In this regulation "candidate" includes an individual candidate at a European parliamentary election.
(3) In the case of a registered political party which submits a list of candidates at a European Parliamentary election, the entitlement otherwise conferred by this regulation on a candidate is conferred on the election agent of that party.
(4) For the purposes of regulation 101(1) above, the relevant part of the documents listed in that provision is so much of them as relates to the area for which the candidate is standing.
(5) No candidate or election agent to whom a copy of the register has been supplied by virtue of this regulation may-
except for electoral purposes.
Supply of full register etc to police forces and restrictions on use
108.
- (1) This regulation applies to-
(2) For the purposes of regulation 101(1) above, the relevant part of the documents listed in that provision is the whole of them.
(3) No person serving whether as a constable, officer or employee in any of the forces and organisations to which this regulation applies may-
except for the purpose of the prevention and detection of crime and the enforcement of the criminal law (whether in Scotland or elsewhere).
Sale of full register etc: restrictions on supply, charges, etc
110.
- (1) The registration officer may not sell a copy of-
except to a person who is entitled under regulation 112 or 113 below to purchase them.
(2) The fee for such sale shall be calculated in accordance with paragraphs (3) to (6) below.
(3) Where a person purchases the full register together with any relevant notices which are published at that time altering the register, the register and the notices shall be treated as the same document for the purposes of the calculations set out in paragraph (5) below; and any entry in the register which is deleted by a notice shall accordingly be ignored for the purposes of the calculation.
(4) Where a person purchases a relevant notice separately from the full register, the calculations set out in paragraph (5) below shall be applied to that notice.
(5) Subject to paragraph (3) above, in the case of the register or a relevant notice-
(6) In the case of the list of overseas electors-
(7) In any copy of the full register which is sold in accordance with regulations 111 to 113 below, the letter "Z" shall be placed against the name of any person whose name is not included in the edited version of the register.
Sale of full register etc: general provisions
111.
- (1) This regulation applies in respect of the supply on payment of a fee of copies of the full register, including any notice published under section 13A(2) or 13B(3) of the 1983 Act altering that register, in accordance with regulation 112 or 113 below.
(2) The registration officer shall not supply a printed copy of the full register under either of those regulations if to do so would result in him having insufficient copies of it for the purposes of any requirement made by or under any enactment.
(3) In those regulations "the relevant restrictions" means the restrictions set out in paragraphs (4) and (5) below.
(4) No person in an organisation to which a copy of the register has been supplied under regulation 112 or 113 below may-
except for the purpose set out in the regulation by virtue of which the full register has been supplied.
(5) The restrictions in paragraph (4) above apply to a person to whom a copy of the full register has been supplied in accordance with regulation 112 or 113 below or to whom information contained in it has been so disclosed as it applies to a person in the organisation to which the copy of the full register was supplied under the regulation in question.
(6) In this regulation and regulations 112 and 113 below, "a relevant document" means-
(7) A request to purchase a relevant document must be made in writing and must-
Sale of full register to government departments
112.
- (1) Subject to regulation 111(2) above, the registration officer shall supply on request and on payment of a fee calculated in accordance with regulation 110 above a copy (or copies) of a relevant document to a government department.
(2) For the purposes of regulation 111(3) above, the relevant restrictions apply except for the purpose of-
(3) A government department may supply (whether or not on payment) a copy of the full register to a person ("an authorised person") who may only disclose information contained in it in accordance with paragraph (5) below.
(4) In this regulation any reference to an authorised person includes a reference to his employees.
(5) Information contained in the full register (and not contained in the edited register) may not be disclosed by an authorised person except to any person falling within regulations 102 to 107 above and for use for the purposes for which such a person could obtain the full register under the regulation concerned.
(6) The restrictions in regulations 102 to 107 above respectively apply to a person to whom information contained in the full register is disclosed under paragraph (5) above as they apply to a person to whom a copy of the register is supplied under those regulations.
(7) In this regulation "government department" includes the Scottish Administration.
Sale of full register to credit reference agencies
113.
- (1) Subject to regulation 111(2) above, the registration officer shall supply on request and on payment of a fee calculated in accordance with regulation 110 above a copy (or copies) of a relevant document to a credit reference agency registered under Part III of the Consumer Credit Act 1974[28] (by virtue of section 147 of that Act) and which is carrying on the business of providing credit reference services.
(2) For the purposes of regulation 111(3) above, the relevant restrictions apply except for the purposes set out in paragraph (3) below.
(3) Those purposes are:
(4) The registration officer may require a credit reference agency to provide such evidence that it is carrying on the business of providing credit reference services as he shall reasonably require.
(5) In this regulation-
Supply of register to processor
114.
- (1) In this Part, "processor" means a person who provides a service which consists of putting information into data form and any reference to a processor includes a reference to his employees.
(2) A person who has obtained a copy of the full register under regulation 98, 100, 101, 103, 105, 106, 109, 113 or 114 may-
for use in respect of the purposes for which that person is entitled to obtain such copy or information (as the case may be).
(3) A processor to whom a copy of the full register is supplied under paragraph (2) above shall be one who carries on business in the European Economic Area and the information contained in the register must not be transmitted outside the European Economic Area by the processor.
(4) A processor may not disclose the full register or the information contained in it except to the person who supplied it to the processor or any other person, or an employee of such a person, who is entitled to obtain a copy of the full register under these Regulations.
(5) This paragraph applies to a director of a company or a person concerned with the management of an organisation.
(6) The steps referred to in paragraph (4)(b) above are such steps as it would be reasonable for a person to whom paragraph (5) applies to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of a contravention of the provisions referred to in paragraph (2) above on the part of the employed person.".
HELEN LIDDELL
One of Her Majesty's Principal Secretaries of State
Scotland Office
18th July 2002
1
Address |
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No. of flat, bedsit or floor (where applicable) |
No. of house (or name if not numbered) followed by name of street, road, etc and remainder of address including postcode |
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2
Names |
3
European Union Citizens |
4
16/17 year olds |
5
Persons to be excluded from the edited register |
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Please read the notes below about who to include and who not to include. Then write in the boxes below the names of all those, including yourself, living in your household on 15th October (insert year) who are British citizens or other Commonwealth citizens, or who are citizens of the Republic or Ireland or another Member State of the European Union and are aged 16 or over on that date |
If a European Union Citizen (other than British or Irish) enter nationality below |
Please give dates of birth of 16/17 year olds. |
If the person wishes their name to be excluded from the edited register enter |
||
Mr, Mrs, Ms, Miss, etc | Surname (BLOCK LETTERS PLEASE) | Full Forenames (BLOCK LETTERS PLEASE) | Day Month Year | ||
6
No one eligible If no one (including yourself) in your household should be included In part 2 above, please write "NO ONE" in part 2 and give the reason here |
7
Other households Is where you live part of a house or other property that has been Converted into flats or bedsits? If so please state how many individual Flats or bedsits there are so that the electoral registration officer can make sure That the people living there are given a form. |
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8
Declaration It is an offence to give false information in completing this form. I declare that as far as I know, the details on this form are true and accurate and all whose names are entered are British citizens, other Commonwealth citizens, citizens of the Republic of Ireland or citizens of other Member States of the European Union. Signature Date |
[2] Section 53 was amended by Schedule 4 to the Representation of the People Act 1985 ("the 1985 Act") and Schedule 1 to the Representation of the People Act 2000 ("the 2000 Act").back
[3] Section 201(3) was inserted Schedule 1 to the 2000 Act.back
[4] Rule 24 was substituted by Schedule 6 to the 2000 Act.back
[5] Paragraphs 10, 10A, 10B and 11 were substituted by section 9 of the 2000 Act; paragraph 11A was inserted by Schedule 4 to the 1985 Act; and paragraph 13(1A) was inserted by section 9 of the 2000 Act.back
[7] Sections 10, 10A, 13A and 13B were substituted by Schedule 1 to the 2000 Act.back
[8] S.I. 2001/497; these Regulations have been amended by S.I. 2001/1749.back
[10] Section 13 was substituted by Schedule 1 to the Representation of the People 2000 (c.2) ("the 2000 Act").back
[13] Section 10 was substituted by Schedule 1 to the 2000 Act.back
[14] Section 118A of the Representation of the People Act 1983 ("the 1983 Act") was inserted by section 135(2) of the Political Parties, Elections and Referendums Act 2000 (c.41).back
[15] Sections 13A and 13B were substituted by Schedule 1 to the 2000 Act.back
[16] Sections 13A and 13B were substituted by Schedule 1 to the 2000 Act.back
[17] S.I. 2001/341, as amended by the Representation of the People (England and Wales) (Amendment) Regulations 2002 (S.I. 2002/1871).back
[18] S.I. 2001/400, as amended by the Representation of the People (Northern Ireland) (Amendment) Regulations 2002 (S.I. 2002/1873).back
[19] The exercise of the powers in section 52(1) is made subject to section 8(1) of the Political Parties, Elections and Referendums Act 2000 (c.41) and section 52(1A), as inserted by Schedule 21 to that Act, is relevant to those powers.back
[20] Section 13 was substituted by Schedule 1 to the 2000 Act.back
[21] Regulation 26 is amended by regulation 7 of these Regulations.back
[22] Sections 13 to 13B were substituted by Schedule 1 to the 2000 Act.back
[24] The Office for National Statistics in a government department to which various functions relating to the gathering and publication of statistics were transferred by the Transfer of Functions (Registration and Statistics) Order 1996 (S.I. 1996/273).back
[26] Schedule 2A was inserted by Schedule 16 to the Political Parties, Elections and Referendums Act 2000.back