Explanatory note

These Regulations amend the Representation of the People (Scotland) Regulations 1986. They extend to Scotland only. They make provision to give full effect to the amendments made by section 1 of the Representation of the People Act 1990 (“the 1990 Act”). Under section 2 of that Act, it is to be brought into force by a commencement order made by the Secretary of State.

Section 6 of the Representation of the People Act 1985 (“the 1985 Act”) provides for the right to an absent vote at parliamentary elections, at local government elections or at both for an indefinite period and subsection (2) of that section sets out the grounds on which a person is eligible for such a vote. Section 1(a) of the 1990 Act amends section 6(2) of the 1985 Act to make a person eligible for an absent vote for an indefinite period if he is no longer resident at his qualifying address or any other address in the same area; in spite of the reference to “an indefinite period”, the entitlement expires with the register of electors in relation to which the application was made. Section 1(b) of the 1990 Act inserts an additional subsection into section 6 of the 1985 Act to define what is the same area for these purposes. The amendment made by these Regulations requires an applicant to give the address, if any, at which he is currently resident and thereby enables the electoral registration officer to determine whether or not the new address is in the same area as the qualifying address.