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Draft Regulations laid before Parliament under section 201(2) of the Representation of the People Act 1983 for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2008 No. (S. )

REPRESENTATION OF THE PEOPLE

The Representation of the People (Scotland) (Amendment) Regulations 2008

Made

2008

Coming into force in accordance with regulation 1

CONTENTS

Go to Preamble

  1. PART 1

    General

    1. 1. Citation, commencement, interpretation and extent

  2. PART 2

    Absent voting: personal identifiers

    1. 2. Absent voting: interpretation

    2. 3. Amendment of regulation 51

    3. 4. Signatures

    4. 5. Requirement to provide fresh signatures at five yearly intervals

    5. 6. The personal identifiers record

    6. 7. Postal ballot boxes and receptacles

    7. 8. Amendment of regulation 84

    8. 9. Amendment of regulation 85

    9. 10. Procedure in relation to postal voting statements: personal identifier verification

    10. 11. Sealing of receptacles

    11. 12. Amendment of forms

  3. PART 3

    Miscellaneous amendments

    1. 13. Removal of fee for inspection of election returns

    2. 14. Amendment of regulations 63A, 116 and 117

    1. SCHEDULE

Go to Explanatory Note

These Regulations are made in exercise of the powers conferred by–

(a) section 53 of, and paragraphs 5A and 12 of Schedule 2 to, the Representation of the People Act 1983(1);

(b) having regard to the definition of “prescribed” in section 202(1) of the Representation of the People Act 1983, section 89(1) of, and rules 24, 28(3), 28(3A), 31A and 45(1B) in Schedule 1 to, that Act(2); and

(c) having regard to the definition of “prescribed” in section 202(1) of the Representation of the People Act 1983 and paragraph 1(2) of Schedule 4 to the Representation of the People Act 2000(3), paragraphs 3(1)(b) and (2)(c), 4(1)(b), (2)(c) and (4)(a), 6(7) and (8) and 7(5)(c) of that Schedule.

The Secretary of State has consulted the Electoral Commission about these Regulations in accordance with section 7(1) and (2)(e) of the Political Parties, Elections and Referendums Act 2000(4).

In accordance with section 201(2) of the Representation of the People Act 1983(5), a draft of this instrument has been laid before and approved by resolution of each House of Parliament.

Accordingly, the Secretary of State makes the following Regulations:

PART 1 General

Citation, commencement, interpretation and extent

1.—(1) These Regulations may be cited as the Representation of the People (Scotland) (Amendment) Regulations 2008 and subject to paragraphs (2) and (3) shall come into force on 8th February 2008.

(2) The regulations specified in paragraph (3) shall not have effect in relation to any election for which the date of the poll specified in the notice of election issued in relation to that election is on or before 7th August 2008.

(3) The regulations referred to in paragraph (2) are–

(a) regulation 2(2);

(b) regulations 7, 8, 10 and 11; and

(c) regulation 12(2).

(4) In these Regulations, unless otherwise stated, any reference to a numbered article, rule, paragraph, Schedule or Appendix is a reference to the article, rule, paragraph, Schedule or Appendix bearing that number in the Representation of the People (Scotland) Regulations 2001(6).

(5) These Regulations shall extend to Scotland only.

(1)

1983 c. 2. Section 53 was amended by paragraph 13 of Schedule 1 to the Representation of the People Act 2000 (c. 2) (“the 2000 Act”) and subsection (4) inserted by paragraph 109 of Schedule 1 to the Electoral Administration Act 2006 (c. 22) (“the 2006 Act”), paragraph 5A of Schedule 2 was inserted by section 11 of the Representation of the People Act 1985 (c. 50) (“the 1985 Act”) and amended by paragraph 11 of Schedule 6 to the 2000 Act, and sub-paragraph (aa) of paragraph 12 of Schedule 2 was inserted by paragraph 94 of Schedule 1 to the 2006 Act. Back [1]

(2)

Section 89 was amended by paragraph 33 of Schedule 4 to the 1985 Act, paragraph 10 of Schedule 18 to the Political Parties, Elections and Referendums Act 2000 (c. 41), paragraph 115 of Schedule 1 to the 2006 Act and paragraph 7(a) of Schedule 2 to the Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), rule 24 was substituted by section 37 of the 2006 Act, rule 28(3) was amended by section 4 of, and paragraph 6 of Schedule 2 to, the 1985 Act and by paragraph 70 of Schedule 1 to the 2006 Act, rule 28(3A) was added by paragraph 14 of Schedule 1 to the 2006 Act, rule 31A was inserted by section 45 of the 2006 Act, and rule 45(1B) was inserted by paragraph 10 of Schedule 6 to the 2000 Act and amended by paragraphs 69 and 73 of Schedule 1 to the 2006 Act. Back [2]

(3)

2000 c. 2; paragraphs 3, 4 and 7 of Schedule 4 were amended by section 14(1) to (3) of the 2006 Act; that Act also makes other amendments to these paragraphs which are not relevant to these Regulations. Back [3]

(5)

Section 201(2) was substituted by paragraph 69 of Schedule 4 to the Representation of the People Act 1985 (c. 50) and amended by paragraph 6 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 and article 5(b) of S.I. 1991/1728. Back [5]

(6)

S.I. 2001/497, which was amended by S.I. 2001/1749, 2002/1872, 2003/3075, 2004/1771, 2004/1960, 2006/834 and 2007/925. Back [6]

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