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The Scottish Parliament (Elections etc.) Order 2015

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Supply of marked registers and lists after an election

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2.—(1) Any person entitled to be supplied, in accordance with any of the provisions specified in sub-paragraph (2), with copies of the full register at the time of a Scottish parliamentary election is also a person entitled, subject to this paragraph and to paragraphs 4 and 5 (restrictions on supply, disclosure and use, etc.), to request that a CRO supply copies of the relevant part (within the meaning of those provisions) of the marked register or lists the CRO is required to keep.

(2) The provisions referred to in sub-paragraph (1) are—

(a)paragraph 3 of Schedule 1 (supply of full register etc. to elected representatives for electoral purposes and restriction on use);

(b)paragraph 4 of Schedule 1 (supply of full register etc. to certain candidates and restriction on use); and

(c)the following provisions of the 2001 Regulations

(i)regulation 99(1) (supply of free copy of full register etc. to Electoral Commission and restrictions on use);

(ii)regulation 104(2) (supply of full register etc. to local constituency parties and restrictions on use);

(iii)regulation 105 (supply of full register etc. to registered political parties etc. and restrictions on use);

(iv)regulation 108(3) (supply of full register etc. to police forces and other agencies, and restrictions on use); and

(v)regulation 112(4) (sale of full register to government departments and other bodies).

(3) A person who was entitled to request copies of the marked register or lists under sub-paragraph (1) by being in a category of persons covered by sub-paragraph (2)(a), (b), or (c)(ii) or (iii) before a particular election, shall be entitled to request those documents regardless of whether that person remains in an entitled category after the election for which the marked register or list was prepared.

(4) A request under sub-paragraph (1) must be made in writing and must—

(a)specify which of the marked register or lists (or the relevant part of the register or lists) are requested;

(b)state whether a printed copy of the marked register or lists is requested or a copy in data form;

(c)state the purposes for which the marked register or lists will be used and why the supply or purchase of a copy of the full register or unmarked lists would not be sufficient to achieve those purposes.

(5) The CRO must supply a copy of the relevant part of the marked register or lists where a request is duly made, and—

(a)the CRO is satisfied that the requestor needs to see the marks on the marked register or lists in order to achieve the purpose for which it is requested, and

(b)the CRO has received payment of a fee calculated in accordance with paragraph 6.

(6) If the CRO is not satisfied in accordance with sub-paragraph (5)(a) the CRO must inform the requestor of the CRO’s decision under this paragraph; and

(a)where the request relates to the marked register, provide the requestor with information concerning the availability of the published full register for inspection in accordance with regulation 43 of the 2001 Regulations(5) (publication of register);

(b)where the request relates to the marked lists, provide information concerning the availability of the unmarked lists in accordance with paragraphs 16 and 17 of Schedule 3 (absent voting lists: supply of copies and inspection).

(7) A person who obtains a copy of any part of a marked register or list under this paragraph may use it only for the permitted purposes specified in paragraph 5(3), and any conditions—

(a)specified in that paragraph; or

(b)which would apply to the use of the full register under whichever of the provisions specified in sub-paragraph (2) entitled that person to obtain that document,

shall apply to such use.

(8) Where a person has been supplied with a marked register or list, or any information contained in it (that is not contained in the edited register), by a person to whom a provision specified in sub-paragraph (9) applies, the restrictions in that provision also apply to the person to whom the register, list or information was supplied, as they apply to that other person.

(9) The provisions specified in sub-paragraph (8) are—

(a)paragraph 3(3) of Schedule 1;

(b)paragraph 4(5) of Schedule 1; and

(c)the following provisions of the 2001 Regulations—

(i)regulation 99(3);

(ii)regulation 104(4);

(iii)regulation 105(3); and

(iv)regulation 108(3).

(10) Any person who has obtained or is entitled to obtain a copy of the marked register or lists under this paragraph may—

(a)supply a copy of the marked register or lists to a processor for the purpose of processing the information contained therein; or

(b)procure that a processor processes and supplies to them any copy of the information in the marked register or lists which the processor has obtained under this paragraph,

for use in respect of the purposes for which that person is entitled to obtain such copy or information (as the case may be).

(11) A processor may not disclose the marked register or lists or the information contained in them except to the person who supplied it to the processor or any other person who is entitled to obtain a copy of the marked register or lists under this Schedule, or an employee of such a person.

(1)

Regulation 99 was inserted by S.I. 2002/1872 and amended by S.I. 2007/925.

(2)

Regulations 104, 105, 108 and 112 were inserted by S.I. 2002/1872.

(3)

Regulation 108 was amended by S.I. 2006/594 and 834 and the Counter-Terrorism Act 2008 (c.28).

(4)

Regulation 112 was amended by S.I. 2006/834 and the Counter-Terrorism Act 2008.

(5)

Regulation 43 was amended by S.I. 2002/1872, regulation 9.

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