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The Representation of the People (Absent Voting at Local Government Elections) (Scotland) Amendment Order 2009

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Scottish Statutory Instruments

2009 No. 94

REPRESENTATION OF THE PEOPLE

The Representation of the People (Absent Voting at Local Government Elections) (Scotland) Amendment Order 2009

Made

9th March 2009

Laid before the Scottish Parliament

10th March 2009

Coming into force

1st April 2009

The Scottish Ministers make the following Order in exercise of the powers conferred by section 62(1)(a) of the Local Electoral Administration and Registration Services (Scotland) Act 2006(1) and all other powers enabling them to do so.

Citation and commencement

1.  This Order may be cited as the Representation of the People (Absent Voting at Local Government Elections) (Scotland) Amendment Order 2009 and comes into force on 1st April 2009.

Disclosure of personal identifiers record information

2.—(1) Regulation 18A of the Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007(2) (the personal identifiers record) is amended as follows.

(2) After paragraph (1) insert–

(1A) The returning officer may disclose information held in the personal identifiers record to any candidate or agent attending proceedings on receipt of postal ballot papers in accordance with regulation 24B of the Representation of the People (Postal Voting for Local Government Elections) (Scotland) Regulations 2007(3)..

(3) Omit paragraph (2).

BRUCE CRAWFORD

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

9th March 2009

Explanatory Note

(This note is not part of the Order)

This Order amends regulation 18A of the Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007 to provide that information from the personal identifiers record may be disclosed to candidates and agents at proceedings involving receipt of postal ballot papers.

The Order has been made to address concerns about the ability of the returning officer to disclose this information.

(2)

S.S.I. 2007/170, which is amended by S.S.I. 2009/35. Regulation 18A is inserted by regulation 10 of S.S.I. 2009/35.

(3)

S.S.I. 2007/263. Regulation 24B is inserted by regulation 7 of the Representation of the People (Postal Voting for Local Government Elections) (Scotland) Amendment Regulations 2009.

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