Statutory Instrument 2002 No. 1872 (S. 7)

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

      © Crown Copyright 2002

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STATUTORY INSTRUMENTS

2002 No. 1872 (S. 7)

REPRESENTATION OF THE PEOPLE

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

  Made 18th 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-

    (a) 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

    (b) having regard to the definition of "prescribed" in section 202(1) of that Act, sections 10(4), 10A(1), 13A(1) and (2) and 13B(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 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 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-

      " "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-

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-

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-

Supply of register, etc.
     14. After regulation 91 of the 2001 Regulations insert-




HELEN LIDDELL
One of Her Majesty's Principal Secretaries of State

Scotland Office
18th July 2002



SCHEDULE
Regulation 4


Form of Canvass and Form of Words about the Two Versions of the Register




PART I

Form prescribed for the purposes of section 10(4) of the 1983 Act (as substituted by Schedule 1 to the 2000 Act)

RETURN BY OCCUPIER AS TO RESIDENTS

Your right to vote

You can vote in elections only if your name appears in the register of electors. A new version of the register is published at least once a year following an annual canvass which takes place. This form is used to produce a revised version of the register which will come into force at the beginning of December.

About this form

The law requires you to give the information requested in this form. So please fill it in, sign it and return it as quickly as possible.

This canvass is conducted by reference to 15th October [insert year]. But you need not wait until then to fill in the form. Include the names of all those who will be resident in your household on that date - their right to vote is important too. However, if you are moving from your current address before 15th October, do not complete this form: please leave it for the new occupants to complete. You should receive another one at your new house. If you don't, contact your electoral registration officer.

If there is anything you don't understand or if you would like more information, contact your electoral registration officer at the address or the telephone number shown on the form.

Non return of this form will, in prescribed circumstances, require the Electoral Registration Officer to remove the names of those persons shown on the form from the register without further notice.

Checking the register

The revised register is published on or shortly before 1st December and is available for inspection at your local electoral registration offices. If for some reason your name has been missed off the register, or your details have changed since 15th October [insert year] (for example, because you have moved address) you should apply immediately to have your name added to the register or to have the register altered. The electoral registration officer will advise you what to do.

Would you prefer to vote by post

Anyone on the electoral register can vote by post. You can arrange to have a postal vote for a particular election, for a set period or for an indefinite period. Ask the electoral registration officer for further details.

ANNUAL CANVASS OF ELECTORS [insert year]

You are required by law to give the information requested in this form.

Be sure to include those resident in your household who are:

- British citizens, citizens of another Commonwealth country or of the Irish Republic.

- 16 and 17 year olds - they can vote as soon as they are 18. Please give their dates of birth in Part 4.

- temporarily away - for example on holiday, as students, in hospital (including voluntary patients in psychiatric hospitals).

- away working, unless his or her absence will total more than six months.

- any other residents, lodgers or guests (but not short-stay visitors) in your household, whether this is a private address, a hostel or a club, including merchant seamen who live there when not at sea.

- citizens of Member States of the European Union (who will be registered as local government electors only).

Do not include:

- Foreign nationals - except for citizens of Member States of the European Union.

- People under 16.

- Anybody normally resident at your address who is serving a prison sentence on 15th October.

- Anybody who will be leaving your address before 15th October.

The two versions of the register

The electoral registration officer makes and keeps two versions of the electoral register - the full register and the edited register.

Please put a tick in Part 5 against anyone who wishes their name to be excluded from the edited register; you should ask each of them their preference before completing this part of the form.

The full register

The full register lists everyone who is entitled to vote. It is available for inspection at certain council offices. The law says who can have a copy of the full register and what it can be used for. This includes electoral purposes, the prevention and detection of crime and checking your identity when you have applied for credit. The law says who can have a copy of the full register and what they can use it for. The full list of such persons and purposes is given in the Representation of the People (Scotland) (Amendment) Regulations 2002. It is a criminal offence to pass the full register on to anyone else or to use it for any other purpose.

The edited register

The edited register leaves out the names and addresses of electors who have asked for their details to be excluded. The edited register can be bought by anyone and they may use if for any purpose.

REPRESENTATION OF THE PEOPLE ACTS

Electoral registration form - annual canvass

Please read the notes below before filling in

Using BLOCK LETTERS

DON'T LOSE YOUR RIGHT TO VOTE X

     1 Address

     
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
         
     2 Names

                3 European Union Citizens

      4 16/17 year olds

      5 Persons to be excluded from the edited register
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
  • below.

    		•
    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.
         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     

    		     



    PART II

    Form of words about the two versions of the register

    The two versions of the register

    The electoral registration officer makes and keeps two versions of the electoral register - the full register and the edited register.

    Please indicate on your application if you wish your name to be excluded from the edited register

    The full register

    The full register lists everyone who is entitled to vote. You can check it by calling at the council offices or at some local libraries. Only certain people and organisations can have copies of the full register, and they can only use it for specified purposes. These include electoral purposes, the prevention and detection of crime and checking your identity when you have applied for credit. The law says who can have a copy of the full register and what they can use it for. The full list of such persons and purposes is given in the Representation of the People (Scotland) (Amendment) Regulations 2002. It is a criminal offence for them to pass it on to anyone else or to use it for any other purpose.

    The edited register

    The edited register leaves out the names and addresses of people who have asked for their names to be excluded from that version of the register. The edited register can be bought by anyone who asks for a copy and they may use it for any purpose.


    EXPLANATORY NOTE

    (This note is not part of the Regulations)


    These Regulations amend the Representation of the People (Scotland) Regulations 2001 ("the principal Regulations").

    The main changes are those made by the regulations inserted into the principal Regulations by regulation 14 of these Regulations. The inserted regulations make fresh provision in respect of the free supply and the sale of the register of electors. Regulations 46 to 49 of the principal Regulations (which currently provide for such supply and sale) are revoked by regulation 3 of these Regulations.

    Regulation 93 of the inserted regulations provides for an edited version of the register of electors. This version does not contain the names and addresses of those persons who have requested the exclusion of their names and addresses from this version of the register. The request is made either in the form of return of the annual canvass under section 10 of the Representation of the People Act 1983 ("the 1983 Act"), as substituted by Schedule 1 to the Representation of the People Act 2000 ("the 2000 Act") or in the form of application to be registered. The contents of such applications are prescribed by regulation 26 of the principal Regulations and that regulation is amended by regulation 7 of these Regulations to make provision for that request. The form to be used for the canvass is prescribed by Part I of the Schedule to these Regulations.

    Under regulation 109 of the inserted regulations, the edited version of the register is available for sale without restriction.

    The inserted regulations introduce new restrictions not only on the sale of the full version of the register but also on its use consequent on its supply free of charge. Breach of the restrictions is an offence under inserted regulation 115.

    A copy of the full version of the register may not be supplied by a registration officer otherwise than in accordance with an enactment (which, by virtue of the definition in inserted regulation 92(2), includes subordinate legislation) including the principal Regulations (inserted regulation 94(3)). No copy may be sold except to the persons and organisations falling within inserted regulations 112 (government departments) and 113 (credit reference agencies). Such sales are subject to the fees and conditions set out in inserted regulations 110 and 111, in particular the restrictions on use contained in inserted regulation 111(4) and (5). The purchasers are restricted to the uses which are authorised by regulations 112 and 113.

    Inserted regulation 94 restricts the supply of the full register (or information contained in it) by the registration officer and his staff. References to the register include the notices published under sections 13A(2) and 13B(3) of the 1983 Act (as substituted by Schedule 1 to the 2000 Act) amending it. Inserted regulations 95 and 114 places restrictions on the supply of the full register under other enactments (including subordinate legislation) and on the use of information in the register.

    Inserted regulations 96 to 100 require the registration officer to supply free of charge and on publication a copy of the full register to the organisations to which those regulations apply. The regulations also place restrictions on the use by those organisations of information in the register.

    Inserted regulations 101 to 108 require the registration officer to supply free of charge and on request copies of the full register to the persons and organisations to which the regulations apply. They also set out restrictions on use by those persons and organisations.

    Regulation 4 of, and the Schedule to, these Regulations prescribe the form to be used by the registration officer in carrying out the annual canvass.

    Regulations 6 and 8 to 11 of these Regulations amend provisions in the principal Regulations relating to the manner of publication of the register (including notices amending it) and the list of overseas electors, to the time when postal ballot papers are to be issued and to the taking of copies of such documents. The register (which, by virtue of inserted regulation 93(5), means the full register) is to be available for inspection only under supervision. Only hand-written copies may be taken.

    Regulation 12 of these Regulations amends the principal Regulations to include express provision about the addresses to which postal ballot papers are to be sent. Regulation 13 of these Regulations simplifies the checks required in respect of the declaration of identity for postal ballot papers.

    Notes:

     [1] 2000 c.41.back

    [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

    [6] 1983 c.2.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

    [9] 1983 c.2.back

    [10] Section 13 was substituted by Schedule 1 to the Representation of the People 2000 (c.2) ("the 2000 Act").back

    [11] S.I. 2001/1749.back

    [12] S.I. 2001/2817.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

    [23] 1994 c.39.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

    [25] 2000 c.41.back

    [26] Schedule 2A was inserted by Schedule 16 to the Political Parties, Elections and Referendums Act 2000.back

    [27] 1973 c.65.back

    [28] 1974 c.39.back

    [29] S.I. 1993/1933.back

    [30] S.I. 2001/3641.back

    [31] 2000 c.8.back


    ISBN 0 1106157 9


    		 

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    		 © Crown copyright 2002
    Prepared 5 August 2002