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The Representation of the People (Scotland) (Amendment) Regulations 2014

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2014, ISBN 9780111112588

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

This Statutory Instrument is being issued free of charge to all known recipients of SI 2013/3206, which it amends.

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.

Representation Of The People, Scotland

Made 2014

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the following powers:

sections 9E(2), (3) and (6), 10ZC (2) and (3), 10ZD (2) and (3), 10ZE(4) and (6)(a), 53(1) and (3) and 201(1) and (3) of the Representation of the People Act 1983 (“the 1983 Act”)f1;

Schedule ZA1 and paragraphs 1(2) and (2A), 1A, 3ZA, 8C, 10B, 11(1) and (2) and 13(1ZB) and (1A) of Schedule 2 to the 1983 Actf2;

The Secretary of State has consulted the Electoral Commission and the Information Commissioner and such other persons as he considered appropriate in accordance with section 53(5) of the 1983 Actf3 and (in the case of the Electoral Commission) with section 7(1) and (2)(e) of the Political Parties, Elections and Referendums Act 2000f4.

In accordance with section 201(2) of the 1983 Actf5, a draft of these Regulations has been laid before and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

1983 c.2. Section 9E was inserted by section 5 of the Electoral Registration and Administration Act 2013 (c.22). Section 10ZC was inserted by section 1 of the Electoral Registration and Administration Act 2013. Sections 10ZD and 10ZE were inserted by paragraph 1 of Schedule 1 to the Electoral Registration and Administration Act 2013. Section 53(1) and (3) was amended by paragraphs 1 and 13 of Schedule 1 to the Representation of the People Act 2000 (c.2) and paragraph 13 of Schedule 4 to the Representation of the People Act 1985 (c.50). Section 201(3) was inserted by paragraphs 1 and 21 of Schedule 1 to the Representation of the People Act 2000. See section 202(1) for the definition of “prescribed”.

f2

Schedule ZA1 was inserted by Schedule 3 to the Electoral Registration and Administration Act 2013. Paragraph 1(2) was amended by paragraphs 1, 20(1) and (2)(a) of Schedule 4 to the Electoral Registration and Administration 2013. Paragraph 1(2A) was inserted by Schedule 2 to the Electoral Registration and Administration Act 2013. Paragraph 1A was inserted by paragraph 2 of Schedule 2 to the Electoral Registration and Administration 2013. Paragraph 3ZA was inserted by section 2 of the Electoral Registration and Administration Act 2013. Paragraph 8C was inserted by paragraph 3 of Schedule 2 to the Electoral Registration and Administration Act 2013. Paragraph 10B was inserted, and paragraph 11 substituted, by section 9 of the Representation of the People Act 2000. Paragraph 13(1ZB) was inserted by paragraph 4 of Schedule 2 to the Electoral Registration and Administration Act 2013. Paragraph 13(1A) was inserted by section 9 of the Representation of the People Act 2000.

f3

Section 53(5) was inserted by paragraph 5 of Schedule 2 to the Electoral Registration and Administration Act 2013.

f4

2000 c.41.

f5

Section 201(2) was substituted by paragraph 69 of Schedule 4 to the Representation of the People Act 1985 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.

Contents

  1. 1Citation and commencement
  2. 2Amendments to the Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013
  3. 3Amendments to the Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013
  4. 4Amendments to the Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013
  5. Signature
  6. Explanatory note

1Citation and commencement

These Regulations may be cited as the Representation of the People (Scotland) (Amendment) Regulations 2014 and come into force on the day after the day on which they are made.

2Amendments to the Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013

The Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013f1 are amended as follows.

3Amendments to the Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013

In regulation 1(5) (citation, commencement, interpretation and extent), for “10th June 2014” substitute “19th September 2014”.

4Amendments to the Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013

In regulation 22 (amendments in relation to invitations to apply for registration etc.), in regulation 32ZD of the Representation of the People (Scotland) Regulations 2001f1 (steps following invitation to apply for registration), as inserted by regulation 22, after paragraph (5) insert—

“(6)

Paragraphs (1) to (3) do not apply in relation to a person whom the registration officer has reason to believe would, if registered, be registered—

(a)

in pursuance of an application made by virtue of section 7(2) or 7A(2) of the 1983 Actf2;

(b)

in pursuance of a declaration of local connection, service declaration or overseas elector’s declaration; or

(c)

with an anonymous entry.”

Signature

Name

Scotland Office

Date

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3206) as part of the introduction of a new system of individual electoral registration in Great Britain.

Regulation 3 provides for a commencement date of 19th September 2014 for the new rules on individual electoral registration in Scotland.

Regulation 4 provides that, where a registration officer has invited a person whom he has reason to believe would be a special category elector such as an overseas elector or a person with a service declaration, or would have an anonymous entry in the register, to apply to be registered, the officer does not have to carry out follow-up steps such as visiting the elector.

An overall impact assessment in relation to the individual electoral registration scheme is available on the Cabinet Office website at https://www.gov.uk/government/publications/individual-electoral-registration-impact-assessment.