The Absent Voting (Transitional Provisions) (Scotland) Regulations 2008

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made under section 14 of the Electoral Administration Act 2006. Section 14 introduces a requirement for applicants for proxy or postal voting to provide personal identifiers (a signature and date of birth) and applications which lack these details cannot now be granted. Section 14 also enables transitional provision to be made for the capture of the personal identifiers of those who are existing absent voters.

Regulation 2 requires a registration officer to send a written notice to all existing absent voters whose records do not contain personal identifiers, requiring that they supply the required personal identifiers. An absent voter will have a period of six weeks within which to respond. Where no response is received within the first three weeks, the registration officer is required to send a copy of the notice to the absent voter.

Regulation 3 specifies the information that must be included in the notice sent to existing absent voters together with the information that must be included with the notice or copy of the notice.

Regulation 4 requires the registration officer to determine whether an absent voter has failed or refused to provide the required personal identifiers. It also allows for continuation of an existing exemption from the requirement for a signature if the absent voter is disabled, unable to read or write, or unable to sign consistently for either of these reasons.

Regulation 5 specifies the consequences of a refusal or failure to provide the required personal identifiers. An existing absent voter will cease to be entitled to vote by post, by proxy or by post as proxy and any entry relating to the absent voter in the absent voting records must be removed. The registration officer must notify the absent voter and provide him or her with information explaining the effect of the removal of the entry and reminding him or her of the ability to make a fresh application for an absent vote under Schedule 4 of the Representation of the People Act 2000 (which application will require to be accompanied by the personal identifiers).