Local Electoral Administration and Registration Services (Scotland) Act 2006

5 Access to election documents S

(1) This section and sections 6 and 7 apply in relation to a local government election.

(2) The proper officer in relation to the election must—

(a) make relevant election documents available for inspection by members of the public, and

(b) in relation to such description of documents mentioned in paragraph (a) as the Scottish Ministers may by regulations prescribe, supply, on the request of a member of the public, copies of or extracts from the documents.

(3) The proper officer must, on the request of any of the following persons, supply the person with a copy of the marked copies of the register, the postal voters list, the list of proxies and the proxy postal voters list relating to the election—

(a) a registered party,

(b) a person who was a candidate at the election.

(4) The Scottish Ministers may by regulations impose conditions in relation to—

(a) the inspection of any document in pursuance of subsection (2)(a),

(b) the supply of any document or part of a document in pursuance of subsection (2)(b),

(c) the supply of any document or part of a document in pursuance of subsection (3).

(5) The Scottish Ministers may by regulations also make provision—

(a) as to the form in which any such document or part is supplied,

(b) for the payment of a fee in respect of the supply of a document or part.

(6) Conditions which may be imposed for the purposes of subsection (4)(a) or (b) include conditions as to—

(a) whether a person may take a copy of any document which the person is permitted to inspect,

(b) the manner in which any such copy is to be taken,

(c) the purposes for which information contained in any document or part of a document which is inspected or supplied in pursuance of subsection (2) may be used.

(7) Conditions which may be imposed for the purposes of subsection (4)(b) or (c) include conditions as to the extent to which a person to whom a document or part of a document has been supplied may—

(a) supply that document or part to any other person,

(b) disclose to any other person any information contained in the document or part,

(c) use any such information for a purpose other than that for which the document or part was supplied to the person.

(8) The Scottish Ministers may by regulations also impose conditions corresponding to those mentioned in subsection (7) in respect of persons who have obtained a document or part of a document mentioned in subsection (3)—

(a) which was supplied to another person in pursuance of subsection (3), or

(b) otherwise than in accordance with regulations under this section.

Commencement Information

I1 S. 5 wholly in force at 17.2.2007, see s. 63(2) and S.S.I. 2007/26, art. 3(1)(b) (with transitional provisions in art. 3(2) and subject to art. 3(3))