Scottish Elections (Reduction of Voting Age) Act 2015

8 Declarations of local connection

(1) Section 7B of the 1983 Act (notional residence: declarations of local connection) is amended in accordance with this section.

(2) After subsection (2) insert—

“(2A) In relation to the registration of local government electors in Scotland, this section also applies to a person who, on the date on which the person makes a declaration under subsection (1)—

(a) is under the age of 16,

(b) does not fall within any of paragraphs (a) to (c) of subsection (2), and

(c) meets either of the requirements specified in subsection (2B).

(2B) The requirements are that—

(a) the person is, or has been, a child looked after by a local authority, or

(b) the person is being kept in secure accommodation.

(2C) For the purposes of subsection (2B)—

(a) the reference to a child looked after by a local authority is to be construed in accordance with section 17(6) of the Children (Scotland) Act 1995 (duty of local authorities in relation to looked after children), and

(b) “secure accommodation” means accommodation provided, for the purpose of restricting the liberty of children, in an establishment in Scotland (whether managed by a local authority, a voluntary organisation or any other person) that—

(i) provides residential accommodation for children for the purposes of the Children’s Hearings (Scotland) Act 2011, the Children (Scotland) Act 1995 or the Social Work (Scotland) Act 1968, and

(ii) is approved in accordance with regulations made under section 78(2) of the Public Services Reform (Scotland) Act 2010 (regulations in relation to care services).”.

(3) In subsection (4), after paragraph (b) insert—

“(c) in the case of a person falling within subsection (2A), any address in Scotland at which the person has previously been resident.”.

(4) After subsection (7) insert—

“(7A) Despite anything in subsection (7), in relation to Scotland, a relevant declaration made by a person has effect only for the purposes of the person’s registration as a local government elector.

(7B) In subsection (7A), “relevant declaration” means—

(a) a declaration of local connection made by virtue of subsection (2A),

(b) any other declaration of local connection made by a person who, on the date on which the declaration is made, is—

(i) under the age of 17, and

(ii) not entitled to be registered in the register of parliamentary electors.

(7C) A relevant declaration referred to in subsection (7A) must be marked to show that it is available only for the purposes of registration as a local government elector, but otherwise is to be the same as other declarations of local connection.”.