Scottish Elections (Reduction of Voting Age) Act 2015

14 Exceptions from prohibition on disclosure S

(1) A young person's information may be disclosed to any person so far as necessary for the purpose of the carrying out by that person of functions in connection with—

(a) the registration of electors, F1 ...

(b) the conduct of an election[F2 , or

(c) the conduct of a referendum in accordance with the Referendums (Scotland) Act 2020.]

(2) A young person's information may be disclosed in accordance with regulation 32ZA(5) and (5A) of the 2001 Regulations (pre-population of the canvass form).

(3) A young person's information (other than any information by which the person's date of birth may be ascertained) may be disclosed in a version or copy of the register of local government electors or an absent voters record or list supplied in accordance with a relevant supply enactment, but only so far as it is necessary to do so for the purposes of or in connection with an election [F3 or referendum] at which the young person will be entitled to vote.

(4) In subsection (3), “relevant supply enactment” means—

(a) regulation 97A of the 2001 Regulations (supply for the purposes of National Park authority elections),

(b) regulation 99 of the 2001 Regulations (supply to the Electoral Commission),

(c) regulation 103 of the 2001 Regulations (supply to holders of relevant elective offices and candidates) so far as applying to candidates at local government elections,

(d) regulation 107 of the 2001 Regulations (supply to candidates), so far as applying to candidates at local government elections,

(e) regulation 101 of the 2001 Regulations (general provision) so far as relating to regulations 103 and 107,

(f) any enactment making provision equivalent to that in regulation 61 of the 2001 Regulations (absent voters records and lists) in relation to elections for membership of the Scottish Parliament or local government elections,

(g) any enactment making provision equivalent to that in regulation 97(3) of the 2001 Regulations in relation to elections for membership of the Scottish Parliament or local government elections,

(h) any enactment making provision equivalent to that in regulations 103 and 107 (and regulation 101 so far as relating to those regulations) of the 2001 Regulations (as those regulations apply to candidates at local government elections) in relation to elections for membership of the Scottish Parliament,

[F4 (i) the Referendums (Scotland) Act 2020.]

(5) A young person's information may be disclosed to any person so far as necessary for the purposes of a criminal investigation or criminal proceedings relating to an offence (or alleged offence) under any enactment relating to—

(a) the registration of electors, F5 ...

(b) the conduct of elections[F6 , or

(c) the conduct of a referendum in accordance with the Referendums (Scotland) Act 2020.]

(6) A young person's information may be disclosed to the young person to whom it relates.

(7) A registration officer must supply a young person's information to the young person to whom it relates if the young person requests the information for the purpose of verifying that the young person is a permissible donor within the meaning of section 54(2)(a) of the Political Parties, Elections and Referendums Act 2000.

(8) A young person's information may be disclosed to a person appointed as proxy to vote for the young person to whom the information relates.

(9) A person to whom a young person's information is disclosed under subsection (1) or (5) must not disclose the information to another person, except as mentioned in that subsection.

(10) A person who contravenes subsection (9) commits an offence.

(11) A person who commits an offence under subsection (10) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Textual Amendments

F1 Word in s. 14(1) omitted (30.1.2020) by virtue of Referendums (Scotland) Act 2020 (asp 2), ss. 33(2)(a), 41

F2 S. 14(1)(c) and word inserted (30.1.2020) by Referendums (Scotland) Act 2020 (asp 2), ss. 33(2)(b), 41

F3 Words in s. 14(3) inserted (30.1.2020) by Referendums (Scotland) Act 2020 (asp 2), ss. 33(3), 41

F4 S. 14(4)(i) inserted (30.1.2020) by Referendums (Scotland) Act 2020 (asp 2), ss. 33(4), 41

F5 Word in s. 14(5) omitted (30.1.2020) by virtue of Referendums (Scotland) Act 2020 (asp 2), ss. 33(5)(a), 41

F6 S. 14(5)(c) and word inserted (30.1.2020) by Referendums (Scotland) Act 2020 (asp 2), ss. 33(5)(b), 41