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Statutory Instruments of the Scottish Parliament


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SCOTTISH STATUTORY INSTRUMENTS


2007 No. 170

REPRESENTATION OF THE PEOPLE

The Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007

  Made 2nd March 2007 
  Laid before the Scottish Parliament 6th March 2007 
  Coming into force 2nd May 2007 

The Scottish Ministers, in exercise of the powers conferred by sections 33 and 61(2) of the Local Electoral Administration and Registration Services (Scotland) Act 2006[1] and of all other powers enabling them in that behalf, make the following Regulations:

Citation and commencement
     1. —(1) These Regulations may be cited as the Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007.

    (2) These Regulations shall come into force on 2nd May 2007.

Interpretation
    
2. —(1) In these Regulations–

    (2) Part IV of the 2001 Regulations is disapplied for the purposes of any local government election in Scotland taking place after 2nd May 2007.

General requirements for applications for an absent vote at a local government election in Scotland
     3. —(1) An application under Schedule 4 (absent voting in Great Britain) must comply with the requirements of this regulation and such further requirements in these Regulations as are relevant to the application.

    (2) The application must state–

    (3) The application shall be made in writing and be signed and dated by the applicant.

    (4) An application under Schedule 4 which is made for an indefinite period, or a particular period specified in the application, must state–

    (5) An application under Schedule 4 which is made for a particular local government election must–

but, where the poll at one election falls on the same day as the poll at another election, the application shall, unless a contrary intention appears, apply to both elections.

    (6) Where an application is made to vote by proxy, it must include an application for the appointment of a proxy which meets the requirements of regulation 7.

Additional provision concerning the requirement that an application for an absent vote must be signed by the applicant
    
4. The registration officer may confirm whether an application for an absent vote meets the requirement in regulation 3(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 requirement for applications for ballot papers to be sent to different address from that stated in application
    
5. —(1) Paragraph (2) applies where–

    (2) The application must set out why the applicant's circumstances will be or are likely to be such that the applicant requires the ballot paper to be sent to the address stated in accordance with regulation 3(2)(d).

    (3) This regulation does not apply where an applicant has, or has applied for, an anonymous entry.

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
    
6. —(1) An application under–

for that person's ballot paper to be sent to a different address from that shown in the record must set out why the applicant's circumstances will be or are likely to be such that the applicant requires the ballot paper to be sent to that address.

    (2) This regulation does not apply where an applicant has, or has applied for, an anonymous entry.

Additional requirements for applications for the appointment of a proxy
    
7. An application for the appointment of a proxy under paragraphs 3 (absent vote at elections for definite or indefinite period) and 4 (absent vote at particular election) of Schedule 4 must state the full name and address of the person whom the applicant wishes to appoint as the applicant's proxy, together with that person's family relationship, if any, with the applicant, and–

Additional requirements for applications for a proxy vote for a particular or indefinite period on grounds of blindness or other disability
    
8. —(1) An application to vote by proxy for a particular or indefinite period under paragraph 3(3)(b) (absent vote at elections for definite or indefinite period – blindness or physical incapacity) of Schedule 4 shall specify the disability by reason of which it is made.

    (2) Subject to paragraph (3) below, such an application must be attested and signed by–

    (3) A person who qualifies–

    (4) The person attesting an application under paragraph (2), other than a person attesting by virtue of paragraph (2)(m), must state–

    (5) A manager (or a person on behalf of a manager) attesting an application under paragraph (2)(m) must state–

    (6) Paragraphs (2) to (5) above shall not apply where–

    (7) The fact that an applicant is registered with the local authority shall be deemed sufficient evidence that the applicant is eligible to vote by proxy on the grounds set out in paragraph 3(3)(b) of Schedule 4.

Additional requirements for applications for a proxy vote for a particular or indefinite period based on occupation, service, employment or attendance on a course
     9. —(1) An application to vote by proxy for a particular or indefinite period under paragraph 3(3)(c) (absent vote at elections for definite or indefinite period – occupation, service, employment, etc.) of Schedule 4 must state–

    (2) Such an application must be attested and signed–

    (3) The person attesting an application made under paragraph (2) above must–

    (4) The person attesting an application under paragraph (2) must also state–

    (5) For the purpose of this regulation, one person is related to another if the person is the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the other.

Additional requirements for applications for a proxy vote in respect of a particular election
    
10. —(1) An application under paragraph 4(2) (absent vote at particular election) of Schedule 4 to vote by proxy at a particular election must 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 the applicant cannot reasonably be expected to vote in person at the allotted polling station.

    (2) Where an application under paragraph 4(2) of Schedule 4 is made–

the requirements of regulation 8 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 must state, in addition to those matters specified in regulation 8, to the best of his or her knowledge and belief, the date upon which the applicant became disabled.

    (4) Where an application under paragraph 4(2) of Schedule 4 is made by a person to whom paragraph 2(5B) (manner of voting at parliamentary or local government elections) of that Schedule applies after 5 p.m. on the sixth day before the date of the poll at the election for which it is made, the requirements of paragraph (5) below as to the matters to be specified and as to attestation shall apply.

    (5) Where an application mentioned in paragraph (4) is made the application must–

    (6) This regulation does not apply where an applicant has an anonymous entry.

Closing date for applications
    
11. —(1) An application under paragraph 3(1), (6) or (7) (absent vote at elections for definite or indefinite period) or 7(4) (voting as proxy) of Schedule 4 shall be disregarded for the purposes of a particular local government election and an application under paragraph 4(3) (absent vote at particular election – different address or proxy vote) of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the eleventh day before the date of the poll at that election.

    (2) An application under paragraph 3(2) (absent vote at elections for definite or indefinite period – proxy vote) or 6(7) (proxies at elections) of Schedule 4 shall be disregarded for the purposes of a particular local government election if it is received by the registration officer after 5 p.m. on the sixth day before the date of the poll at that election.

    (3) Subject to paragraph (4), an application under paragraph 4(2) (absent vote at particular election by proxy) or 6(8) (proxies at elections) 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.

    (4) Where an application under paragraph 4(2) of Schedule 4 is made–

the application, or an application under paragraph 6(8) of that Schedule 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) An application under paragraph 4(1) (absent vote at particular election – by post) or 7(7) (voting as proxy – different address) of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the eleventh day before the date of the poll at the election for which it is made.

    (6) An application under–

and a notice under paragraph 6(10) (proxies at elections) of that Schedule by an elector cancelling a proxy's appointment shall be disregarded for the purposes of a particular local government election if it is received by the registration officer after 5 p.m. on the eleventh day before the date of the poll at that election.

    (7) In computing a period of days for the purposes of this regulation, Saturday, Sunday, Christmas Eve, Christmas Day, Good Friday, Easter Monday or a bank holiday shall be disregarded.

    (8) In paragraph (7) "bank holiday" means a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971[
14].

Grant or refusal of applications
     12. —(1) Where the registration officer grants an application to vote by post, the officer must, where practicable, notify the applicant of the decision.

    (2) Where the registration officer grants an application for the appointment of a proxy, the officer must, where practicable, confirm in writing to the elector that the proxy has been appointed, the name and address of the proxy, and the duration of the appointment.

    (3) For the purposes of paragraph 6(9) (proxies at elections) of Schedule 4, the form of the proxy paper for local government elections only is as prescribed in the Schedule to these Regulations.

    (4) Where the registration officer refuses an application under Schedule 4 for the purposes of any particular local government election, the officer must notify the applicant of the decision and of the reason for it.

    (5) Where the registration officer grants an application for the purposes of any particular local government election made under–

the officer must notify the applicant of this.

    (6) Where a person is removed from the record kept pursuant to paragraph 3(4) or 7(6) of Schedule 4 for the purposes of any particular local government election, the registration officer must where practicable notify that person of this and the reason for it.

    (7) Where the appointment of a proxy is cancelled by the elector or otherwise ceases to be in force for the purposes of any particular local government election, the registration officer shall where practicable notify the elector that the appointment has been cancelled or, as the case may be, notify the elector that the appointment has ceased and the reason for it.

    (8) Where, under regulation 11 above, a registration officer disregards an application for the purposes of any particular local government election, the officer shall notify the applicant of this.

Notice of appeal
    
13. —(1) A person desiring to appeal under section 56(1)(b) (registration appeals – by proxy or post) of the 1983 Act[15] against the decision of a registration officer, which the registration officer has made for the purposes of any particular local government election, must give notice of the appeal to the registration officer within 14 days of the date of receipt of the notice given under regulation 12(4) specifying the grounds of appeal.

    (2) The registration officer shall forward any such notice to the sheriff with a statement of the material facts which in the officer's opinion have been established in the case, of the officer's decision upon the whole case and on any point which may be specified as a ground of appeal; and the officer shall give to the sheriff any other information which the sheriff may require and which the registration officer is able to give.

    (3) Where it appears to the registration officer that any notices of appeal given to the officer are based on similar grounds, the officer shall inform the sheriff of this to enable the sheriff (if the sheriff thinks fit) to consolidate the appeals or select a case as a test case.

Cancellation of proxy appointment
     14. Where the appointment of a proxy is cancelled by notice given to the registration officer under paragraph 6(10) of Schedule 4 or ceases to be in force under that provision or is no longer in force under paragraph 6(11)(b) of that Schedule, the registration officer must–

Inquiries by registration officer
    
15. —(1) The registration officer may, at such times as the officer thinks fit, make inquiries of a person–

for the purpose of determining whether there has been a material change of circumstances affecting the proxy applications.

    (2) Where the grant of an application for a proxy vote for an indefinite or particular period was based on the grounds referred to in paragraph 3(3)(c) of Schedule 4 (or grounds corresponding to those grounds), the registration officer shall make the inquiries referred to not later than 3 years after the granting of the application or the last such inquiries, as the case may be.

    (3) The registration officer may treat the failure by a person of whom inquiries have been made to respond to such inquiries within one month of the date on which they were made as sufficient evidence of a material change in circumstances.

Records and lists kept under Schedule 4
    
16. —(1) The person or organisation entitled to the supply, in accordance with regulation 102, 104, 105 or 107 of the 2001 Regulations, of copies of the full register is also a person or organisation entitled, subject to this regulation and to regulation 17, to request that the registration officer supply free of charge the relevant part (within the meaning of those Regulations) of a copy of any of the following information which the officer keeps:

    (2) Any person is entitled to request that the registration officer make available for inspection a copy of any of the information specified in paragraph (1).

    (3) A request under paragraph (1) or (2) must be made in writing and shall–

    (4) A request for inspection made in accordance with paragraph (2) must also specify–

    (5) A person who obtains a copy of a list under this regulation may use it only for the permitted purposes specified in regulation 18, and any restrictions–

shall apply to such use.

    (6) The registration officer must supply a current copy of relevant information requested under paragraph (1) as soon as practicable after receipt of a request that is duly made.

    (7) The registration officer must supply a final copy of the postal voters list kept under paragraph 5(2) (absent voters list) of Schedule 4, as soon as practicable after 5 p.m. on the eleventh day before the day of the poll, in response to a request that has been duly made by a person entitled under paragraph (1).

    (8) As soon as practicable after 5 p.m. on the sixth day before the day of the poll the registration officer must–

    (9) The registration officer must supply a final copy of the proxy voters list kept under paragraph 5(3) (absent voters list) of Schedule 4, updated to include any additions to those lists made in consequence of emergency proxy applications granted in accordance with regulation 11(4) (emergency proxy applications), as soon as practicable after 5 p.m. on the day of the poll, to every person who received that list in accordance with paragraph (8)(b).

    (10) The registration officer must make a copy of the information available for inspection under supervision as soon as practicable after the date of receipt of a request that has been duly made.

    (11) Where inspection takes place by providing a copy of the information on a computer screen or otherwise in data form, the registration officer must ensure that the manner in, and equipment on which that copy is provided do not permit any person consulting that copy to–

    (12) A person who inspects a copy of the information, whether a printed copy or in data form, may not–

otherwise than by means of hand-written notes.

    (13) Subject to any direction given under section 52(1) (discharge of registration duties) of the 1983 Act, any duty on a registration officer to supply a copy or make information available for inspection under this regulation, imposes only a duty to provide that information in the form in which the officer holds it.

    (14) For the purposes of this regulation–

Supply or disclosure of records: anonymous entries
    
17. —(1) The registration officer must ensure that where he or she supplies or discloses information covered by regulation 16(1)(a) in accordance with this regulation, the officer does not supply or disclose any record relating to a person specified in paragraph (2).

    (2) The persons specified in this paragraph are–

Conditions on the supply and inspection of absent voter records or lists
    
18. —(1) The provisions in regulations 94 (restrictions on supply of full register and disclosure of information from it by the registration officer and his staff) and 95 (restriction on use of full register, or of information contained in it, supplied in accordance with enactments or obtained otherwise) of the 2001 Regulations[16] shall apply to the supply of documents under regulation 16(1) as they apply to restrictions on the supply, disclosure and use of the full register, except that "permitted purposes" for the purposes of regulation 16(1)(a) and (b) means either–

Marked register for polling stations
     19. To indicate that an elector or the elector's proxy is entitled to vote by post and is for that reason not entitled to vote in person, the letter "A" shall be placed against the name of that elector in any copy of the register, or part of it, provided for a polling station.


TOM McCABE
A member of the Scottish Executive

St Andrew's House, Edinburgh
2nd March 2007



SCHEDULE
Regulation 12(3)


PROXY PAPER


REPRESENTATION OF THE PEOPLE

Local government electoral area

_____________________________________________________________________________________

Name of Proxy

_____________________________________________________________________________________

Address

_____________________________________________________________________________________

is hereby appointed as proxy for

(Name of elector)

_____________________________________________________________________________________

*[who is qualified to be registered for]

(Qualifying address)

_____________________________________________________________________________________

*[who qualifies as an overseas elector in respect of the above electoral area to vote for him/her at]

*[the local government election for the above electoral area on (insert date)]

*[any local government election for the above electoral area]

*[This proxy appointment is not valid until]

_____________________________________________________________________________________

*[This proxy appointment remains valid until]

_____________________________________________________________________________________

Signature

_____________________________________________________________________________________

Electoral Registration Officer

Address

_____________________________________________________________________________________

_____________________________________________________________________________________

Date

_____________________________________________________________________________________

*Delete whichever is inappropriate

YOUR RIGHT TO VOTE AS PROXY

     1. This proxy paper gives you the right to vote as proxy on behalf of the elector whose name is given overleaf. However, you may not vote as proxy at the same election for more than two electors of whom you are not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.

     2. Your appointment as proxy may be for a particular election only, or it may be for a particular or indefinite period.

If it is for a particular election, you have the right to vote as proxy only at the election specified in the proxy paper.

If it is for an indefinite period, you have in general the right to vote as proxy at any local government election for which the elector is qualified to vote until the electoral registration officer informs you to the contrary.

If it is for a particular period, your right to vote as proxy expires on the date stated overleaf.

     3. You may vote as proxy at the polling station allotted to the elector on whose behalf you are appointed. Shortly before polling day you will be sent a proxy poll card telling you where the polling station is. You do not need to take either the poll card or this proxy paper to the polling station but you may find it helpful to do so.

     4. If you cannot vote in person at the polling station, you should consult the electoral registration officer about your right to vote by post.



EXPLANATORY NOTE

(This note is not part of the Regulations)


Regulations 1 to 15 provide for revised procedures on applications for absent voting and replicate for local government elections the procedures introduced by Part IV of the Representation of the People (Scotland) Regulations 2001 as amended by the Representation of the People (Scotland) (Amendment) Regulations 2006. These regulations also reflect changes made to procedures relating to applications for proxy voting introduced following the Local Electoral Administration and Registration Services (Scotland) Act 2006.

Regulation 3 deals with the general requirements for applications for an absent vote at a local government election and sets out what the application must state. Regulation 4 provides that the registration officer may satisfy himself or herself that the application has been signed by the applicant by referring to any signature which the applicant has previously provided to the registration officer or the returning officer.

Regulations 5 and 6 provide for additional requirements to be met when requesting that ballot papers for an absent vote be sent to an address other than the one given in the application for an absent vote. Applicants must set out why they require their ballot paper to be sent to that address.

Regulation 7 requires an application for the appointment of a proxy to state the full name and address of the proposed proxy together with the family relationship, if any, with the applicant. A statement must be provided by the voter to say that the proposed proxy has been consulted and is capable of being and willing to be appointed. Where the application is also signed by the proposed proxy, a statement must be provided by that person to say that they are capable of and willing to be appointed.

Regulation 8 provides for additional requirements for applications to vote by proxy for a definite or indefinite period on grounds of disability or blindness and sets out the list of health care professionals and others who may attest applications for proxy votes. This includes persons who may be caring for or treating people with disabilities of a non-physical nature. It prescribes the information to be provided by a person attesting an application for a proxy vote on the grounds of the applicant's disability.

Regulation 9 provides for additional requirements for applications for a proxy vote made in respect of the applicants or their spouses or civil partners for a definite or indefinite period on grounds of occupation, service, employment or attendance on a course. It prescribes the information to be provided by a person attesting such an application on the grounds of occupation, service, employment or attendance on a course.

Regulation 10 sets out additional requirements for applications for a proxy vote in respect of a particular election. The application, if made by reason of the applicant's disability and if made after 5 p.m. on the sixth working day before the date of the poll, will be subject to the requirements of attestation set out in regulation 8.

Regulation 11 deals with closing dates for an application for an absent vote and requires that, except in the case of applications to vote by proxy, the application must be received by the registration officer not later than 5 p.m. on the eleventh working day before the date of the poll at a relevant election.

Where a person applies to vote by proxy at a specific election, the application must be received by not later then 5 p.m. on the sixth working day before the date of the poll at the relevant election. However, where a person applies to vote by proxy at a particular election on the grounds of disability and the applicant became incapacitated after 5 p.m. on the sixth working day before the date of the poll, the application, or an application for the appointment of a proxy made by virtue of that application, must be received by not later than 5 p.m. on the date of the poll.

Regulation 12 deals with the granting or refusal of applications and requires that where–

The registration officer is also required to notify a person removed from the record of absent voters for a definite or indefinite period of the reason for the removal. Similarly, where the appointment of a proxy is cancelled by the elector or otherwise ceases to be in force, the officer must confirm the cancellation or notify the elector that the appointment is no longer in force, along with the reason for this.

Regulation 13 sets out the procedures to be followed in making an appeal against a decision of a registration officer and the subsequent action to be taken by the registration officer in relation to the appeal.

Regulation 14 requires that where the appointment of a proxy is cancelled by the elector or otherwise ceases to be in force, the registration officer must notify the person appointed as proxy that the appointment is no longer in force and remove that person's name from the list of proxy voters.

Regulation 15 makes provision for a registration officer to make enquiries at no more than 3 year intervals to determine whether there has been any material change in circumstances affecting proxy appointments where the application was granted for an indefinite period on grounds of blindness or other disability, occupation, service or employment. The regulation also provides that where no response has been received to such queries within a month of their being made, this may be treated as sufficient evidence of a material change in circumstances.

Regulations 16 to 18 make provision for the supply and inspection of lists of absent voters in advance of an election. The regulations require the registration officer to supply copies of documents to political parties and candidates and to permit inspection of those documents by members of the public.

Regulation 19 makes provision for the marked register to indicate who is entitled to vote by post by the letter ‘A' being marked against that person's name.


Notes:

[1] 2006 asp 14.back

[2] 1983 c.2, as relevantly amended by the Representation of the People Act 1985 (c.50), sections 11, 24 and 28 and Schedule 2, paragraph 1, Schedule 4, paragraphs 12(a) and 16(a) and Schedule 5, by the Representation of the People Act 2000 (c.2), sections 8(a) and 15(2) and Schedule 1, paragraph 14(2)(a) and (b), Schedule 6, paragraph 9 (amending the definition of absent voters list) and Schedule 7 and by the Political Parties, Elections and Referendums Act 2000 (c.41), section 158(1) and Schedule 21, paragraph 6(5).back

[3] S.I. 2001/497, which was amended by S.I. 2001/1749, S.I. 2002/1872, S.I. 2004/1771 and 1960, S.I. 2005/2114 and S.I. 2006/594 and 834.back

[4] 2000 c.2, to which there are no relevant amendments.back

[5] S.I. 2002/253.back

[6] 1984 c.24.back

[7] 1989 c.44.back

[8] 1954 c.61.back

[9] 1993 c.21.back

[10] 1994 c.17.back

[11] S.I. 2002/254.back

[12] 2001 asp 8.back

[13] 2003 asp 13.back

[14] 1971 c.80.back

[15] Section 56(1)(b) was amended by Schedule 2 to the Representation of the People Act 1985 c.50.back

[16] S.I. 2001/497, which was amended by S.I. 2001/1749, S.I. 2002/1872, S.I. 2004/1771 and 1960, S.I. 2005/2114 and S.I. 2006/594 and 834.back

[17] 1998 c.29.back



ISBN 978 0 11 071968 9


 © Crown copyright 2007

Prepared 13 March 2007


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URL: http://www.bailii.org/scot/legis/num_reg/2007/20070170.html