Referendums (Scotland) Act 2020

PART 4 Supply of register of local government electors etc.

Supply of free copy of register of local government electors etc. to counting officers

45 (1) Each registration officer must, at the request of the relevant counting officer, supply free of charge to the counting officer as many printed copies of—

(a) the latest version of the register of local government electors,

(b) any notice setting out an alteration to the register of local government electors issued under—

(i) section 13A(2) of the 1983 Act,

(ii) section 13AB(2) of that Act, or

(iii) section 13B(3), (3B) or (3D) of that Act, and

(c) any record of anonymous entries,

as the counting officer may reasonably require for the purposes of the referendum.

(2) Each registration officer must, as soon as practicable, supply free of charge to the relevant counting officer as many printed copies of—

(a) the postal voters list,

(b) the list of proxies, and

(c) the proxy postal voters list,

as the counting officer may reasonably require for the purposes of the referendum.

(3) If, after supplying copies of the register of local government electors and notices in accordance with sub-paragraph (1), any further notices of the kind referred to in paragraph (b) of that sub-paragraph are issued by a registration officer, the registration officer must, as soon as practicable after issuing the notices, supply the relevant counting officer with as many printed copies as the counting officer may reasonably require for the purposes of the referendum.

(4) The duty under sub-paragraph (1) to supply as many printed copies of the register of local government electors and notices as the counting officer may reasonably require includes a duty to supply up to two copies in data form.

(5) No person to whom a copy of a document has been supplied under this paragraph may, except for the purposes of the referendum—

(a) supply a copy of the document,

(b) disclose any information contained in it (that is not also contained in the edited version of the register of local government electors), or

(c) make use of any such information.

Supply of free copy of register of local government electors etc. to Electoral Commission

46 (1) Each registration officer must supply free of charge to the Electoral Commission one copy of—

(a) the latest version of the register of local government electors,

(b) any notice setting out an alteration of the register of local government electors issued under—

(i) section 13A(2) of the 1983 Act,

(ii) section 13AB(2) of that Act, or

(iii) section 13B(3), (3B) or (3D) of that Act,

(c) the postal voters list,

(d) the list of proxies, and

(e) the proxy postal voters list.

(2) The duty to supply under sub-paragraph (1) is a duty to supply in data form unless the Commission have, prior to the supply, requested in writing a printed copy instead.

(3) Neither an Electoral Commissioner nor any person employed by the Commission may—

(a) supply a copy of any document supplied under sub-paragraph (1) otherwise than to another Electoral Commissioner or another such person,

(b) disclose any information contained in any such document otherwise than in accordance with sub-paragraph (5) below,

(c) make use of any such information otherwise than in connection with the Commissioner’s or the person’s functions under, or by virtue of, this Act.

(4) In sub-paragraph (3), “Electoral Commissioner” includes a Deputy Electoral Commissioner and an Assistant Electoral Commissioner.

(5) A document supplied under sub-paragraph (1), or any information contained in it, may not be disclosed otherwise than—

(a) where necessary to carry out the Commission’s functions under this Act in relation to permissible donors,

(b) by publishing information about voters which does not include the name or address of any voter.

(6) A registration officer must, at the request of the Electoral Commission, supply free of charge to the Commission a further copy of any document referred to in sub-paragraph (1) if satisfied that it is necessary in the circumstances to do so.

(7) Sub-paragraphs (2) to (5) apply to the supply of a document under sub-paragraph (6) as they apply to the supply of a document under sub-paragraph (1).

Supply of free copy of register of local government electors etc. to permitted participants

47 (1) If a permitted participant so requests, the registration officer must supply free of charge to the participant one copy of—

(a) the full, latest version of the register of local government electors published under section 13(1) or (3) of the 1983 Act,

(b) any notice setting out an alteration of that version of the register issued under—

(i) section 13A(2) of the 1983 Act,

(ii) section 13AB(2) of that Act, or

(iii) section 13B(3), (3B) or (3D) of that Act,

(c) the postal voters list kept by the officer under paragraph 5(2) of schedule 4 (absent voting at parliamentary and local government elections) of the Representation of the People Act 2000,

(d) the list of proxies kept by the officer under paragraph 5(3) of that schedule, and

(e) the proxy postal voters list kept by the officer under paragraph 7(8) of that schedule.

(2) A request under sub-paragraph (1) must—

(a) be made in writing,

(b) specify the documents requested,

(c) state whether the request is made only in respect of the current documents or whether it includes a request for the supply of any further documents issued, and

(d) state whether a printed copy of any of the documents is requested instead of a version in data form.

(3) Unless a request has been made in advance of supply under sub-paragraph (2)(d), the copy of a document supplied under sub-paragraph (1) is to be in data form.

(4) No person employed by, or assisting (whether or not for reward) a permitted participant to which a document has been supplied under this paragraph may, except for a purpose set out in sub-paragraph (5)—

(a) supply a copy of the document to any person,

(b) disclose any information contained in it (that is not also contained in the edited version of the register of local government electors), or

(c) make use of any such information.

(5) The purposes are—

(a) purposes in connection with the campaign in respect of the outcome identified in the declaration made by the permitted participant under paragraph 2 of schedule 3, and

(b) the purposes of complying with the controls on donations and regulated transactions in that schedule.

(6) A registration officer may, at the request of a permitted participant, supply free of charge to the permitted participant a further copy of any document referred to in sub-paragraph (1) if satisfied that it is necessary in the circumstances to do so.

(7) Sub-paragraphs (2) to (5) apply to the supply of a document under sub-paragraph (6) as they apply to the supply of a document under sub-paragraph (1).

Dates of birth to be omitted from copies of register supplied

48 A copy of the register of local government electors supplied under paragraph 45, 46 or 47 is to contain the same information as in the register except that, in the case of an entry relating to a person aged 16 or 17, the date on which the person will attain the age of 18 is to be omitted.

Supply of data

49 A duty of a registration officer to supply data under this Part of this schedule is a duty only to supply the data in—

(a) the form in which the officer holds it, or

(b) such form as may be agreed between the registration officer and the recipient of the data.

General restriction on use of registration documents and information contained in them

50 (1) This paragraph applies to—

(a) any person to whom a copy of a registration document is supplied under any enactment other than paragraphs 45 to 47,

(b) any person to whom information contained in a registration document has been disclosed,

(c) any person to whom a person referred to in paragraph (a) or (b) has supplied a copy of a registration document or information contained in it, and

(d) any person who has obtained access to a copy of a registration document or information contained in it by any other means.

(2) No person to whom this paragraph applies may, except for the purposes of the referendum—

(a) supply a copy of a registration document,

(b) disclose any information contained in a registration document (that is not also contained in the edited version of the register of local government electors), or

(c) make use of any such information.

(3) In this paragraph, “registration document” means a document referred to in paragraph 45(1) and (2).

Offence in relation to disclosure of registration documents

51 (1) A person (“A”) commits an offence—

(a) if A contravenes any of paragraphs 45(5), 46(3) or (5), 47(4) or 50(2), or

(b) if A is an appropriate supervisor of another person (“B”) who contravenes any of those paragraphs and A failed to take appropriate steps.

(2) B does not commit an offence under sub-paragraph (1) if—

(a) B has an appropriate supervisor, and

(b) B complied with all the requirements imposed on B by the appropriate supervisor.

(3) A does not commit an offence under sub-paragraph (1) if—

(a) A is not, and does not have, an appropriate supervisor, and

(b) A took all reasonable steps to ensure that A did not contravene a provision specified in sub-paragraph (1)(a).

(4) In this paragraph—

• “appropriate supervisor” means a person who is a director of a company, or concerned in the management of an organisation, in which B is employed or under whose direction or control B is,

• “appropriate steps” are such steps as it was reasonable for the appropriate supervisor to take to secure the operation of procedures designed to prevent, so far as practicable, any contravention of a provision specified in sub-paragraph (1)(a).

(5) A person who commits an offence under sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Destruction of copies of the register of local government electors etc.

52 (1) This paragraph applies to any person holding a copy of a document supplied under paragraph 45 or 47.

(2) The person must ensure that the document is securely destroyed no later than one year after the date of the referendum, unless otherwise directed by an order of the Court of Session or a sheriff principal.

(3) A person who fails to comply with sub-paragraph (2) commits an offence.

(4) A person who commits an offence under sub-paragraph (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.