The Scottish Parliament (Elections etc.) (Amendment) (No. 3) Order 2001

This Statutory Instrument has been made in consequence of defects in S.I. 2001/1399 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2001 No. 1750 (S.12)

CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

The Scottish Parliament (Elections etc.) (Amendment) (No. 3) Order 2001

Made

3rd May 2001

Coming into force in accordance with article 1

Whereas a draft of this Order has been laid before, and approved by a resolution of, each House of Parliament;

Now therefore, the Secretary of State, in exercise of the powers conferred upon her by sections 12(1) and 113 of the Scotland Act 1998(1), and all other powers enabling her in that behalf, and after consulting the Electoral Commission(2), hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Scottish Parliament (Elections etc.) (Amendment) (No. 3) Order 2001 and shall come into force on the day after the day on which it is made.

Interpretation

2.  In this Order–

“the principal Order” means the Scottish Parliament (Elections etc.) Order 1999(3).

Amendment of Schedule 1 to the principal Order (Electors Lists and Registers: Miscellaneous and Related Provision)

3.—(1) Schedule 1 to the principal Order shall be amended in accordance with this article.

(2) In paragraph 2 (free copies of register etc), after sub-paragraph (8)(4) insert–

“(9) For the purposes of this paragraph “register” includes any revised version of the register under section 13(1) and (3) of the 1983 Act(5) and any notice under sections 13A(2) and 13B(3) of that Act(6).”.

(3) In paragraph 7(7), for the definition of “data” substitute–

““data” means information which is recorded with the intention that it should be processed by means of equipment operating automatically in response to instructions given for that purpose;”.

Amendment of Schedule 3 to the principal Order (Absent Voting)

4.  In paragraph 8(4)(8) (closing date for applications) for sub-paragraphs (i) and (ii) substitute–

• “5 p.m. on the eleventh day before the date of the poll at that election.”.

HELEN LIDDELL

One of Her Majesty’s Principal Secretaries of State

Scotland Office,

Meridian Court Glasgow

3rd May 2001

Explanatory Note

(This note is not part of the Order)

This Order amends the Scottish Parliament (Elections etc.) Order 1999 (“the 1999 Order”).

Schedule 1 to the 1999 Order contains provisions about electors lists and registers, and, in particular at paragraph 2 about the supply of free copies of the register.

Article 3 of this Order ensures that the provisions empowering the supply of copies of the register under paragraph 2 of Schedule 1 to the 1999 Order extend to providing copies of any revised versions of the register and of notices published by registration officers in between the annual revision of the register. This is consequential on the introduction of the rolling register. Article 3 also provides an amended definition of “data” for the purposes of Schedule 1 to the 1999 Order.

Article 4 amends paragraph 8 of Schedule 3 to the 1999 Order to provide that applications to be removed from the record of absent voters or to vote by proxy need to be received by the registration officer on the eleventh (working) day before the date of the poll at an election.

Schedule 1 to the 1999 Order was amended by article 17 of the Scottish Parliament (Elections etc.) (Amendment) Order 2001 (S.I. 2001/1399). The 1999 Order is further amended by the Scottish Parliament (Elections etc.) (Amendment) (No. 2) Order 2001, but the amendments made by that Order are not relevant for the purposes of this Order.

(1)

1998 c. 46.

(2)

As required by section 7 of the Political Parties, Elections and Referendums Act 2000 (c. 41).

(3)

S.I. 1999/787: the relevant amending Order is S.I. 2001/1399.

(4)

Subparagraph (8) was added to paragraph 2 of Schedule 1 by article 17(3)(c) of S.I. 2001/1399.

(5)

Defined at article 2(1) of the principal Order as the Representation of the People Act 1983 (c. 2).

(6)

Sections 13 to 13B were substituted by Schedule 1 to the Representation of the People Act 2000 (c. 2).

(7)

Paragraph 7 was amended by article 17(6) of S.I. 2001/1399.

(8)

Paragraph 8(4) was amended by article 19(7)(c) of S.I. 2001/1399