The Absent Voting at Scottish Local Government Elections (Provision of Personal Identifiers) Regulations 2009

Consequence of failure or refusal to provide personal identifiers

15.—(1) Where the registration officer determines that an existing absent voter has failed or refused to provide the required personal identifiers–

(a) the registration officer must remove that voter’s entry from the absent voting records; and;

(b) that voter shall not be entitled to vote by post, by proxy or post as a proxy (as the case may be) at local government elections in Scotland, or a particular local government election in Scotland, otherwise than in pursuance of a further application made under Schedule 4 to the 2000 Act.

(2) Where an existing absent voter ceases to be entitled to vote by post, by proxy or by post as proxy in the circumstances to which paragraph (1) refers–

(a) the registration officer must inform the voter of the location of the polling station to which the voter has been allotted or is likely to be allotted, under rule 21 of Schedule 1 to the Scottish Local Government Elections Order 2007(1), unless that voter is not likely to be allotted to a polling station;

(b) regulations 12(4) and 13 of the Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007 apply as if the registration officer were refusing an application under Schedule 4 to the 2000 Act; and

(c) in the case of an existing absent voter who ceases to be entitled to vote by post as proxy, the registration officer must also notify the elector for whom the proxy was appointed.

(3) Where paragraph (2) applies the registration officer shall provide the absent voter with information–

(a) explaining the effect of removal from the absent voting records; and

(b) reminding the voter that a fresh application may be made under Schedule 4 to the 2000 Act to vote by post, by proxy or by post as a proxy (as the case may be).

(1)

S.S.I. 2007/42; amended by S.S.I. 2007/379.