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The Crofting Commission (Elections) (Scotland) Regulations 2011

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Electors – disqualification

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5.  A person is disqualified from voting in an election if on the day on which the election notice is published—

(a)the Commission has determined under section 22 of the 1993 Act(1) that, being a crofter, the person is not ordinarily resident on, or within 16 kilometres of, the croft or decided under section 26C(5) of the 1993 Act(2) that the residency duty is not being complied with by the person; and

(b)either—

(i)the Commission has not granted consent under section 21B of the 1993 Act(3) for that person to be absent from the croft or the owner-occupied croft; or

(ii)that person has not complied with an undertaking in relation to the residency duty.

(1)

Section 22 was repealed by paragraph 3(13) of Schedule 4 to the 2010 Act but was saved by article 6 of the Crofting Reform (Scotland) Act 2010 (Commencement No. 2, Transitory, Transitional and Saving Provisions) Order 2011 (S.S.I. 2011/334).

(2)

Section 26C was inserted by section 37 of the 2010 Act.

(3)

Section 21B was inserted by section 35 of the 2010 Act.

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