OpenLegislation

Representation of the People (Scotland) Regulations 2001

S.I. 2001/497 · Made 14 February 2001 · Extends to Scotland

Not fully up to date. 30 changes made by later legislation have not yet been written into this text, which is revised to 5 February 2026.

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REPRESENTATION OF THE PEOPLE

Made 14th February 2001

Coming into force 16th February 2001

C1C2C3C4C5C6C7C8C9Whereas a draft of these Regulations has been approved by resolution of each House of Parliament;

Now, therefore, the Secretary of State in exercise of the powers conferred on him by the provisionswhich are specified in Schedule 1 to these Regulations, and of all other powers enabling him in that behalf, hereby makes the following Regulations:–C10

Annotations to the whole text

Modifications

C1

Regulations applied (with modifications) (9.4.2001) by The European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001 (S.I. 2001/1184), regs. 1, 9, Sch. Pt. 2

C2

Regulations applied (with modifications) (9.7.2003) by The Local and European Parliamentary Elections (Registration of Citizens of Accession States) Regulations 2003 (S.I. 2003/1557), regs. 1(1), 7, Sch. 2 para. 2

C3

Regulations applied in part (with modifications) (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(2), Sch. 4 para. 8, Sch. 7 para. 58(3)

C4

Regulations modified (temp. from 31.7.2013 until 31.12.2014) by The Elections (Fresh Signatures for Absent Voters) Regulations 2013 (S.I. 2013/1599), regs. 1(1), 3

C5

Regulations applied (with modifications) (8.8.2013) by Scottish Independence Referendum (Franchise) Act 2013 (asp 13), ss. 6, 13(1), sch. 1 Pts. 1, 3 (with s. 13(2))

C6

Regulations: functions transferred (22.6.2015) by The Chancellor of the Duchy of Lancaster Order 2015 (S.I. 2015/1376), arts. 1(2), 5(2)(b) (with art. 9)

C7

Regulations applied (with modifications) (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 3 para. 14; S.I. 2016/69, reg. 2

C8

Regulations: functions transferred (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), arts. 1(2), 7(c)(ii) (with arts. 8, 12)

C9

Regulations: transfer of functions (8.12.2021) by The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), arts. 1(2), 7(2)(b) (with arts. 7(3), 8, 11, 12)

C10

Regulations modified (temp.) (19.11.2025) by The Representation of the People Act 1983 Remedial (Scotland) Order 2025 (S.S.I. 2025/353), art. 1(1), sch. para. 1 (with arts. 1(3), 2, 8)

Contents

  1. Part I: GENERAL, INTERPRETATION AND MISCELLANEOUS
  2. 1Citation, commencement and extent
  3. 2Revocations
  4. 3Interpretation
  5. 4Forms
  6. 5Communication of applications, notices etc.
  7. 6Electronic signatures and related certificates
  8. 7Copies of documents
  9. 8Time
  10. 9Official poll cards and postal poll cards at parliamentary elections
  11. 10Return and declaration of election expenses
  12. 11Interference with notices etc.
  13. 12Device referred to in rule 29(3A)(b) of parliamentary elections rules Repealed
  14. 13Registration of European Parliamentary overseas electors Repealed
  15. Part II: SERVICE AND OVERSEAS ELECTORS' DECLARATIONS
  16. Service declarations
  17. 14Qualification for Crown servant
  18. 15Contents of service declaration
  19. 15AContents of service declaration: declarant with a service qualification under section 14(1A) of the 1983 Act
  20. 16Transmission of service declaration
  21. 17Notification by registration officer in respect of service declarations
  22. Overseas electors' declarations
  23. 18Contents of overseas elector’s declaration
  24. 19Certain declarants to supply copy of birth certificates Repealed
  25. 20Attestation of certain overseas electors' declarations Repealed
  26. 21Transmission of overseas elector’s declaration
  27. 22Notification about registration as overseas elector
  28. Overseas electors: reminders and renewal declarations
  29. 22AReminders to electors registered pursuant to an overseas elector’s declaration
  30. 22BRenewal declarations
  31. 22CTransmission of renewal declaration
  32. 22DNotification about continued registration as overseas elector following renewal declaration
  33. Part III: REGISTRATION
  34. INFORMATION ABOUT ELECTORS
  35. 23Power to require information
  36. 24Evidence as to age and nationality
  37. 25Reminders to electors registered pursuant to a service declaration or declaration of local connection
  38. 25ZAReminders to overseas electors who have an anonymous entry
  39. 25AReminders to other persons who have an anonymous entry
  40. 26Applications for registration
  41. 26AApplication for alteration of register in respect of name under section 10ZD
  42. 26BPower to request additional evidence where certain information is unavailable or where the registration officer considers it necessary
  43. 26COverseas electors: power to request additional evidence where applicant under 18 when last resident in the United Kingdom
  44. 26DOverseas elector: power to request additional evidence of previous residence
  45. 26EOverseas electors: power to request attestation as to applicant’s previous residence at relevant address
  46. 26FOverseas electors: power to request additional evidence as to applicant’s previous registration in pursuance of a service declaration or overseas elector’s declaration or as a merchant seaman
  47. 26GOverseas electors: power to require additional evidence as to declaration of local connection
  48. 26HOverseas electors: power to require attestation as to applicant’s connection to relevant address
  49. 26IOverseas electors: supplemental provision as to attestations and the meaning of “qualifying attestor”
  50. 26JOverseas electors: power to require additional evidence as to change of name
  51. 27Objections to registration
  52. 28Inspection of applications and objections
  53. Determination of applications and objections
  54. 29ZAVerification of information provided in an application
  55. 29ZAAVerification of information provided in an application made pursuant to an overseas elector’s declaration
  56. 29ZABAdditional verification of information provided in an application made pursuant to an overseas elector’s declaration
  57. 29ZBProcessing of information provided in connection with an application under section 10ZC or 10ZD
  58. 29Procedure for determining applications for registration and objections without a hearing
  59. 30Notice of hearing
  60. 31Hearing of applications and objections
  61. 31AObjections relating to applications that have been allowed, but before alterations to register have taken effect
  62. 31BOther determinations by registration officer of entitlement to registration
  63. 31CSummary procedure for determining in specified circumstances person has ceased to satisfy conditions for registration
  64. 31DProcedure for reviewing entitlement to registration
  65. 31EList of reviews
  66. 31FHearings of reviews
  67. 31FZANotification of outcome of reviews
  68. 31FADeterminations of entitlement to remain registered during the annual canvass
  69. 31GAnonymous registration: applications and declarations
  70. 31HAnonymous registration: determination of applications by registration officer
  71. 31IAnonymous registration: evidence consisting of relevant court orders or injunctions
  72. 31JAnonymous registration: evidence by attestation
  73. 32Registration appeals
  74. 32ZAAnnual canvass: register of local government electors Repealed
  75. 32ZBSteps to be taken by a registration officer where no information in response to an annual canvass form is received in respect of a particular address Repealed
  76. 32ZBAAnnual canvass
  77. 32ZBBAnnual canvass data matching
  78. 32ZBCProcessing of information in connection with annual canvass data matching
  79. 32ZBDAnnual canvass for properties where it may be necessary to make any addition to, or deletion from, an electoral register and steps to be taken where no response is received
  80. 32ZBEAnnual canvass for properties where the registration officer is satisfied that it is not necessary to make any deletion from an electoral register and has no reason to believe that any additions to an electoral register may be required
  81. 32ZBFAnnual canvass in respect of particular types of property
  82. 32ZBGElectoral Commission requirements
  83. 32ZCInvitations to apply for registration
  84. 32ZDSteps to be taken by a registration officer to encourage a person to make an application for registration in response to an invitation to do so
  85. 32ZERequiring a person to make an application for registration
  86. 32ZFNotice of Civil Penalty
  87. 32ZGPayment, enforcement and cancellation of civil penalty
  88. 32ZHReview of registration officer’s decision to impose a civil penalty
  89. 32ZIAppeals to the First-tier Tribunal against a notice of civil penalty
  90. 32ARepresentations regarding clerical errors
  91. 33Circumstances when the power in section 10A(5)(b) of the 1983 Act applies Repealed
  92. 34Retaining entries in register Repealed
  93. 35Registration officer’s right to inspect certain records
  94. 35ADisclosure of certain local authorities’ records
  95. 36Notices in connection with registration
  96. 36ACommunication of notices made on polling day
  97. 37Notice by registration officer of a change of address
  98. The register
  99. 38Separate part of register for each parliamentary polling district
  100. 39Different letter, number or combination of letter and number for each parliamentary polling district
  101. 40Qualifying addresses which are not included in the register
  102. 41Order of names
  103. 41AAnonymous entries
  104. 42Marking of names
  105. 43Publication of register
  106. 44Information about register
  107. 45Preparation and publication of list of overseas electors
  108. 45ARecord of anonymous entries
  109. 45BDuties of registration officer and his staff in relation to record of anonymous entries
  110. 45CSupply of record of anonymous entries to returning and counting officers
  111. 45DSupply of record of anonymous entries to the security services
  112. 45ESupply of the record of anonymous entries to police forces and other organisations
  113. 45FCertificate of anonymous registration
  114. 45GCertificate of anonymous registration prescribed for purposes of paragraph 10(2) of Schedule 2A Repealed
  115. 46Supply of free copies of register and list of overseas electors otherwise than on request Repealed
  116. 47Supply of free copies of register and list of overseas electors on request Repealed
  117. 48Sale of register and list of overseas electors Repealed
  118. 49Supply of register and list of overseas electors in data form Repealed
  119. Part IV: ABSENT VOTERS
  120. 50Interpretation of Part IV
  121. 50ADisapplication of Part IV
  122. 51General requirements for applications for an absent vote
  123. 51AAdditional provision concerning the requirement that an application for an absent vote must be signed by the applicant
  124. 51AAAdditional requirement for applications for ballot papers to be sent to different address from that stated in application
  125. 51BAdditional 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
  126. 52Additional requirements for applications for the appointment of a proxy
  127. 53Additional requirements for applications for a proxy vote for a particular or indefinite period on grounds of blindness or any other disability
  128. 54Additional requirements for applications for a proxy vote for a particular or indefinite period based on occupation, service, employment or attendance on a course
  129. 55Additional requirements for applications for a proxy vote in respect of a particular election
  130. 55AAdditional requirements for application for an emergency proxy vote in respect of a particular election : grounds relating to occupation, service or employment
  131. 55BAdditional requirements for application for an emergency proxy vote in respect of a particular parliamentary election: grounds relating to voter identification
  132. 56Closing date for applications
  133. 56AGrounds relating to voter identification
  134. 56BVerification of information provided in a relevant absent voting application
  135. 56CPower to request additional evidence in relation to relevant absent voting applications where registration officer considers it necessary
  136. 56DProcessing of information provided in connection with a relevant absent voting application
  137. 57Grant or refusal of applications
  138. 58Notice of appeal
  139. 59Cancellation of proxy appointment
  140. 60Inquiries by registration officer
  141. 60ZARequirement to notify certain electors and proxies that postal vote entitlement is to end
  142. 60ARequirement to provide fresh signatures at ... intervals
  143. 60AADisapplication of January 2026 fresh signatures requirement
  144. 60BRequirement to provide fresh signatures following rejection of a postal voting statement
  145. 61Records and lists kept under Schedule 4
  146. 61AConditions on the use, supply and inspection of absent voter records or lists
  147. 61BThe personal identifiers record
  148. 61CNotification of a rejected postal voting document
  149. 62Marked register for polling stations
  150. 63Certificate of employment at a parliamentary election
  151. 63ACorresponding number lists
  152. Part V: ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS
  153. 64Interpretation of Part V
  154. Issue of postal ballot papers
  155. 65Combination of polls Repealed
  156. 66Form of postal voting statement
  157. 67Persons entitled to be present at proceedings on issue of postal ballot papers
  158. 68Persons entitled to be present at proceedings on receipt of postal ballot papers
  159. 69Agents of candidates who may attend proceedings on receipt of postal ballot papers
  160. 70Notification of requirement of secrecy
  161. 71Time when postal ballot papers are to be issued
  162. 72Procedure on issue of postal ballot paper
  163. 73Refusal to issue postal ballot paper
  164. 74Envelopes
  165. 75Sealing up of completed corresponding number lists and security of special lists
  166. 76Delivery of postal ballot papers
  167. 77Spoilt postal ballot papers
  168. 78Lost postal ballot papers
  169. 78ACancellation of postal ballot papers
  170. Receipt of postal ballot papers
  171. 79Alternative means of returning postal ballot paper or postal voting statement
  172. 79ARequirements of return of postal voting documents form
  173. 79BRejection of postal voting documents handed in at a polling station
  174. 79CProcedure for dealing with rejected postal voting documents handed in at a polling station
  175. 79DPostal voting documents left behind at a polling station
  176. 80Notice of opening of postal ballot paper envelopes
  177. 81Postal ballot boxes and receptacles
  178. 82Receipt of covering envelope
  179. 82APostal voting documents handed in to the returning officer
  180. 82BRejection of postal voting documents handed in to the returning officer
  181. 82CProcedure for dealing with rejected postal voting documents handed in to the returning officer
  182. 82DPostal voting documents left behind with the returning officer
  183. 82EOpening of delivered or collected packets of postal voting documents
  184. 83Opening of postal voters' ballot box
  185. 84Opening of covering envelopes
  186. 84AConfirming receipt of postal vote and postal voting statements
  187. 85Procedure in relation to postal voting statements Repealed
  188. 85AProcedure in relation to postal voting statements: personal identifier verification
  189. 85BPostal voting statements: additional personal identifier verification Repealed
  190. 86Opening of ballot paper envelopes
  191. 86ARetrieval of cancelled postal ballot papers
  192. 87Lists of rejected postal voting documents
  193. 88Checking of lists kept under regulation 87
  194. 89Sealing of receptacles
  195. 90Abandoned poll
  196. 91Retention of documents
  197. 91AForwarding of documents
  198. Part 6: SUPPLY OF REGISTER ETC
  199. Interpretation and edited register
  200. 92Interpretation of Part VI etc
  201. 93Edited version of register
  202. 93ANotifying registration officer of change to edited register preference
  203. General restrictions
  204. 94Restrictions on supply of full register and disclosure of information from it by the registration officer and his staff
  205. 95Restriction on use of the full register, or of information contained in it, supplied in accordance with enactments or obtained otherwise
  206. Supply on publication and specific restrictions
  207. 96Supply of free copy of full register to the National Library of Scotland and the British Library and restrictions on use
  208. 97Supply of free copy of full register for electoral purposes and restrictions on use
  209. 97ASupply of free copy of full register for elections of members of National Park authorities and restrictions on use
  210. 98Supply of free copy of full register etc to Statistics Board and restrictions on use
  211. 99Supply of free copy of full register etc to Electoral Commission and restrictions on use
  212. 100Supply of free copy of full register etc to certain Commissions and restrictions on use
  213. Supply on request and specific restrictions
  214. 101Supply of full register etc. under regulations 102 to 108: general provisions
  215. 102Supply of full register etc. to elected representatives for electoral purposes and restrictions on use
  216. 103Supply of full register to holders of relevant elective offices and candidates
  217. 104Supply of full register etc. to local constituency parties and restrictions on use
  218. 105Supply of full register etc. to registered political parties etc. and restrictions on use
  219. 106Supply of full register etc. to certain councils and restrictions on use
  220. 107Supply of full register etc, to certain candidates and restrictions on use
  221. 107ASupply of full register etc to the security services
  222. 108Supply of full register etc to police forces and other agencies, and restrictions on use
  223. 108ASupply of full register to statutory library authorities and local authority archives services, and restrictions on use
  224. Sale of edited and full registers and specified restrictions
  225. 109Sale of edited register
  226. 110Sale of full register etc: restrictions on supply, charges, etc
  227. 111Sale of full register etc: general provisions
  228. 112Sale of full register to government departments and other bodies
  229. 113Sale of full register to credit reference agencies
  230. 114Supply of register to processor
  231. Offences
  232. 115Offences in respect of contravention of Parts III, IV and VI
  233. Part 7: ACCESS TO MARKED REGISTERS AND OTHER DOCUMENTS OPEN TO PUBLIC INSPECTION AFTER AN ELECTION
  234. 116Interpretation of Part VII
  235. 117Supply of marked registers and lists after an election
  236. 118Inspection of documents open to public inspection
  237. 119Conditions on the use, supply and disclosure of documents open to public inspection
  238. 120Calculating the fee for supply of marked registers or lists
  239. Signature
  240. Schedule 1ENABLING POWERS
  241. Schedule 2REVOCATIONS
  242. Schedule 3: FORMS
  243. ARRANGEMENT OF FORMS
  244. Form A (official poll card to be sent to an electoChapter Form A (official poll card to be sent to an electo
  245. Form A1Official postal poll card to be sent to an elector voting by post
  246. Form B (official proxy poll card to be sent to an Chapter Form B (official proxy poll card to be sent to an
  247. Form B1Official proxy postal poll card to be sent to an appointed proxy voting by post
  248. Form C:RETURN OF EXPENSES REQUIRED BY SECTION 75 OF THE 1983 ACT
  249. Form D:DECLARATION AS TO EXPENSES REQUIRED BY SECTION 75 OF THE 1983 ACT
  250. Form E:PROXY PAPER
  251. Form E1:PROXY PAPER (parliamentary elections)
  252. Form F:CERTIFICATE OF EMPLOYMENT
  253. Form G:Postal voting statement for use at a parliamentary election taken alone
  254. Chapter Form H:: Form of postal voting statement
  255. Form J:postal voting statement for use when a parliamentary poll is combined with another poll but the postal ballots are not combined
  256. Form K:Statement as to postal ballot papers
  257. Form L1Chapter Form L1
  258. Form L2Chapter Form L2
  259. Form M1Chapter Form M1
  260. Form M2Chapter Form M2
  261. Schedule 4APPLICATION WITH MODIFICATIONS OF PROVISIONS OF THE 1983 AND 1985 ACTS FOR REGISTRATION OF EUROPEAN PARLIAMENTARY OVERSEAS ELECTORS
  262. Schedule 4ASchedule 4A
  263. Explanatory note