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Scottish Independence Referendum (Franchise) Act 2013

Status:

This is the original version (as it was originally enacted).

PART 2THE 1983 ACT

The provisions referred to in column 1 of the table are provisions in the 1983 Act.

Provision of the 1983 ActModifications
Section 5 (residence: general)
Section 6 (residence: merchant seamen)
Section 7 (residence: patients in mental hospitals who are not detained offenders or on remand)
Section 7A (residence: persons remanded in custody etc.)
Section 7B (notional residence: declarations of local connection)In subsection (3)(a)(i), the reference to the returning officer is to be read as a reference to a counting officer appointed for the purposes of an independence referendum.
In subsection (3)(e), the words “(if the declaration is made for the purposes only of local government elections)” are omitted.
In subsection (3)(f), the reference to the age of 18 years is to be read as a reference to the age of 17 years.
Subsections (5) to (7) are omitted.
Section 7C (effect of declaration of local connection)Subsection (1)(b) is omitted.
Section 9A (registration officers: duty to take necessary steps)In subsection (1), the reference to the duty to maintain the registers under section 9 of the 1983 Act is to be read as a reference to the duty to maintain the register of young voters under section 4(1) of this Act.
Subsections (2) and (3) are omitted.
Section 9B (anonymous registration)In subsection (3)(a), the reference to section 9(2) of the 1983 Act is to be read as a reference to section 4(2) of this Act.
In subsection (3)(b), the reference to a person’s electoral number is to be read as a reference to the person’s voter number.
In subsection (8), the words “or the returning officer for any election” are omitted.
Section 9C (removal of anonymous entry)
Section 10 (maintenance of registers: duty to conduct canvass)

Subsection (1) has effect as if—

(a)

for “an annual canvass” there were substituted “a canvass between 1 October 2013 and 10 March 2014”, and

(b)

the words “, or to remain,” were omitted.

Subsections (1A) and (2) are omitted.
In subsection (3)(a), the reference to section 3 of the 1983 Act is to be read as a reference to section 3 of this Act.
Subsection (3)(b)(iii) is omitted.
Subsection (4) is omitted.
In subsection (5), the references to a form are to be read as references to the form referred to in section 8 of this Act.
Subsection (6) has effect as if for “alterations” there were substituted “entries”.
Section 10A (maintenance of registers: registration of electors)In subsection (2A), the words “(subject to section 13BB(2))” are omitted.
In each of subsections (2A) and (5)(a), the reference to the 15th October in the year in question is to be read as a reference to the date on which the canvass form was received by the registration officer.
In subsection (3), the reference to the register in question is to be read as a reference to the register of young voters or the register of local government electors.
In subsection (4)(a), the reference to voting age is to be read as a reference to the age of 16 years.
In subsection (5)(a)(i), the reference to the form mentioned in section 10(4) is to be read as a reference to the form referred to in section 8 of this Act.
In subsection (5)(b), the reference to section 4 of the 1983 Act is to be read as a reference to section 5 of this Act.
Section 13A (alteration of registers)In subsection (1), the reference to the publication of a revised version of a register under section 13 of the 1983 Act is to be read as a reference to the preparation of the register of young voters under section 4(1) of this Act.
In subsection (1)(c), the words “or 58” are omitted.
Subsection (3) is omitted.

In subsection (5)—

(a)

the reference to a published version of a register of electors is to be read as a reference to the register of young voters, and

(b)

the words “or section 13BB below” are omitted.

Section 13B (alteration of registers: pending elections)References to an election to which section 13B applies are to be read as references to an independence referendum.
References to the appropriate publication date are to be read as references to the fifth day before the date of the poll at an independence referendum.
References to the relevant election area are to be read as references to the area for which the registration officer acts.
In subsection (1), the reference to a published version of a register is to be read as a reference to the register of young voters.
Section 13D (provision of false information)In subsection (1), the reference to the registration of electors is to be read as a reference to registration in the register of young voters.
Subsections (1A), (2) and (8) are omitted.
Section 14 (service qualification)In subsection (1), the reference to the 1983 Act is to be read as including a reference to this Act.
Subsection (2) is omitted.
Section 15 (service declaration)Subsections (5) and (9) to (12) are omitted.
Section 16 (contents of service declaration)In paragraph (f), the reference to the age of 18 years is to be read as a reference to the age of 17 years.
Section 17 (effect of service declaration)Subsection (1)(b) is omitted.
Section 52 (discharge of registration duties)References to the 1983 Act are to be read as including references to this Act.
Subsections (1), (1A), (3) and (5) are omitted.
In subsection (4), paragraphs (a) and (aa) are omitted.
Section 56 (registration appeals)In subsection (1)(aa), the reference to section 4 of the 1983 Act is to be read as a reference to section 5 of this Act.
Subsection (1)(b) is omitted.
Subsections (3) and (4A) are omitted.
Section 57 (registration appeals: Scotland)
Section 59 (supplemental provisions as to members of forces and service voters)Subsections (3) to (4) are omitted.
Section 62 (offences as to declarations)References to being subject to a legal incapacity to vote are to be read as references to being subject to a legal incapacity to vote within the meaning of section 2(2) of this Act.
Subsection (2) is omitted.
Section 63 (breach of official duty)References to “official duty” are to be read as including a duty imposed by virtue of this Act.
In subsection (3), paragraphs (a), (c) and (d) are omitted.
In subsection (3)(b), the words “returning officer or presiding officer” are omitted.
Subsections (4) and (5) are omitted.

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