The Representation of the People (Scotland) Amendment Regulations 2020

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Representation of the People (Scotland) Amendment Regulations 2020.

(2) This regulation and regulations 2, 4(a) and 6 come into force on 27 June 2020.

(3) Regulations 3, 4(b), 5 and 7, insofar as it applies to qualifying foreign nationals, come into force on the same day as section 1 of the Scottish Elections (Franchise and Representation) Act 2020(1).

(4) Regulation 7, insofar that it is not brought into force by regulation 1(3), comes into force on 1 September 2020.

(5) These Regulations extend to the registration of local government electors in Scotland.

Amendment of the Representation of the People (Scotland) Regulations 2001

2.  The Representation of the People (Scotland) Regulations 2001(2) are amended in accordance with regulations 3 to 7.

3.  In regulation 24 (evidence as to age and nationality)(3)—

(a) in paragraph (2)(d)(ii) for “a relevant citizen of the Union.” substitute “a qualifying foreign national.”,

(b) after paragraph (6) insert—

“(7) In this regulation “qualifying foreign national” has the same meaning as in section 202(1) of the 1983 Act(4).”.

4.  In regulation 26 (applications for registration)(5)—

(a) after paragraph (1A) insert—

“(1B) In relation to the registration of local government electors, where the applicant is a person to whom section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies, an application under paragraph (1) must include the applicant’s prisoner number.”,

(b) in paragraph (3)(ba) for “or relevant citizens of the Union” substitute “or qualifying foreign nationals”,

5.  In regulation 26B (power to request additional evidence where certain information is unavailable or where the registration officer considers it necessary)(6)—

(a) in paragraph (11) for “a qualifying Commonwealth citizen,” substitute “a qualifying Commonwealth citizen or a qualifying foreign national,”,

(b) after sub-paragraph (12)(b) insert—

“(c) “qualifying foreign national” has the same meaning as in section 202(1) of the 1983 Act(7).”.

6.  In regulation 32ZD (steps to be taken by a registration officer to encourage a person to make an application for registration in response to an invitation to do so)(8) after paragraph (5) insert—

“(6) Paragraph (3) does not apply if, on the date that the registration officer gave an invitation to apply for registration under section 9E(1) of the 1983 Act, the person was a person to whom section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies.”.

7.  For regulation 42(2) (marking of names)(9) substitute—

“(2) To indicate that a qualifying foreign national or a person to whom section 3(1A) of the 1983 Act applies is registered only in the register of local government electors, the letter “M” shall be placed against their entry.”.

GRAEME DEY

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

16th June 2020