Paragraph 16 Transitional provision for absent voters

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch 3, para 1 rev in pt by Scottish Parliament (Elections etc.) 2001 arts 3, 19(1), (2)(a), (b)
Sch 3, para 1 am by Scottish Parliament (Elections etc.) 2001 arts 3, 19(1), (2)(c), (d)
Sch 3, para 2 rev by Scottish Parliament (Elections etc.) 2001 arts 3, 19(1), (3)
Sch 3, para 4 am by Scottish Parliament (Elections etc.) 2001 arts 3, 19(1), (4)(a)–(c), (d)(iii), (e)
Sch 3, para 4 rev in pt by Scottish Parliament (Elections etc.) 2001 arts 3, 19(1), (4)(d)(i), (ii)
Sch 3, para 5 subst by Scottish Parliament (Elections etc.) 2001 arts 3, 19(1), (5)
Sch 3, para 7 rev by Scottish Parliament (Elections etc.) 2001 arts 3, 19(1), (6)
Sch 3, para 8 am by Scottish Parliament (Elections etc.) 2001 arts 3, 19(1), (7)(a), (b)(ii), (c)
Sch 3, para 8 rev in pt by Scottish Parliament (Elections etc.) 2001 arts 3, 19(1), (7)(b)(i)
Sch 3, para 9 am by Scottish Parliament (Elections etc.) 2001 arts 3, 19(1), (8)
Sch 3, para 8 am by Scottish Parliament (Elections etc.) 2001 reg 4
Sch. 3 para. 3(2)(b) substituted by Nursing and Midwifery Order 2001 2002 Sch. para. 16

(1)

In relation to any person who, immediately before the commencement date, was entitled–

(a)

under the 1985 Act to be treated as an absent voter for an indefinite period; and

(b)

to vote by post or by proxy at local government elections,

articles 8 to 12 shall have effect–

(i)

as if an application by him under article 8 so to vote at Scottish parliamentary elections had been granted on that date;

(ii)

where, immediately before that date, an appointment of a person to vote for him as proxy at local government elections was in force, as if the appointment had been made under article 10 on that date in respect of Scottish parliamentary elections; and

(iii)

where the application treated as granted by virtue of sub-sub-paragraph (i) above is an application to vote by post, as if he had specified in the application as the address to which his ballot papers are to be sent the address provided by him for the purpose of those other elections.

(2)

Where an appointment of a person to vote as proxy for another at local government elections is treated by virtue of sub-paragraph (1) above as made under article 10 and immediately before the commencement date the proxy was entitled–

(a)

under the 1985 Act so to vote for an indefinite period; and

(b)

to vote by post at such elections,

article 11 shall have effect–

(i)

where the proxy’s entitlement was based on his entitlement as elector to vote by post, as if an application by him under article 11(4)(a) to vote by post as proxy at Scottish parliamentary elections had been granted on that date; and

(ii)

where the proxy’s entitlement was based on the situation of the address to which his ballot paper was to be sent, as if an application by him under article 11(4)(b) to vote by post as proxy at Scottish parliamentary elections had been granted on that date.

(3)

In this paragraph–

(a)

“commencement date” means the on which this Order comes into force; and

(b)

references to–

(i)

in entitlement to vote by post or by proxy; or

(ii)

an appointment to vote as proxy for another,

at local government elections include such an entitlement or appointment where it also entitles or appoints a person so to vote at parliamentary elections.