Scottish Independence Referendum Act 2013

PART 2 Registration

Effect of register

14 (1) A person registered in the register of electors or entered in the list of proxies is not to be excluded from voting in the referendum on any of the grounds set out in sub-paragraph (2), but this does not affect the person’s liability to any penalty for voting.

(2) The grounds referred to in sub-paragraph (1) are—

(a) that the person is not of voting age,

(b) that the person is not or was not at any particular time—

(i) a Commonwealth citizen,

(ii) a citizen of the Republic of Ireland, or

(iii) a relevant citizen of the European Union,

(c) that the person is or was at any particular time otherwise subject to any other legal incapacity to vote in the referendum.

Effect of misdescription

15 No misnomer or inaccurate description of any person or place named—

(a) in the register of electors, or

(b) in any list, proxy paper, ballot paper, notice or other document required for the purposes of this Act,

affects the full operation of the document with respect to that person or place in any case where the description of the person or place is such as to be commonly understood.

Carrying out of registration functions

16 (1) A registration officer must carry out the registration officer’s functions under this Act in accordance with any directions given by the Chief Counting Officer.

(2) The Chief Counting Officer must not give a direction that is inconsistent with this Act or any other enactment under which a registration officer exercises functions.

(3) Any of the functions of a registration officer under this Act may be carried out by a deputy for the time being approved by the council which appointed the registration officer, and the provisions of this Act apply to any such deputy so far as respects any functions to be carried out by the deputy as they apply to the registration officer.

(4) Each council must assign such officers to assist the registration officer appointed by the council as may be required for carrying out the registration officer’s functions under this Act.

Alterations in the register of electors

17 (1) An alteration in the register of electors under section 13A(2) (alteration of registers) or 56 (registration appeals) of the 1983 Act which is to take effect after the fifth day before the date of the referendum does not have effect for the purposes of the referendum.

(2) For the purposes of sub-paragraph (1), the following days are to be disregarded—

(a) a Saturday or Sunday,

(b) Christmas Eve or Christmas Day,

(c) a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971,

(d) a day appointed for public thanksgiving or mourning.

(3) Section 13B(2) to (6) of the 1983 Act applies in relation to the referendum as it applies in relation to an election to which that section applies but as if—

(a) any reference to the appropriate publication date were a reference to the fifth day before the date of the referendum,

(b) any reference to the date of the poll at such an election were a reference to the date of the referendum,

(c) any reference to the relevant election area were a reference to the area for which the registration officer acts,

(d) any reference to the prescribed time on the day of the poll were a reference to 9pm on the date of the referendum,

(e) any reference to the issuing of a notice in the prescribed manner were a reference to the issuing of the notice in such manner and form as the registration officer may determine.

(4) Section 13BB of the 1983 Act applies in relation to the referendum as it applies in relation to an election mentioned in subsection (1)(b) of that section but as if—

(a) any reference to notice of such an election were a reference to notice of the referendum,

(b) any reference to the appropriate publication date for such an election were a reference to the fifth day before the date of the referendum,

(c) any reference to the issuing of a notice in the prescribed manner were a reference to the issuing of the notice in such manner and form as the registration officer may determine,

(d) subsection (2)(c) were omitted.

Preparation of the Polling List

18 (1) Each registration officer must prepare, in accordance with this paragraph, a list merging all of the entries contained in—

(a) the register of local government electors for the registration officer’s area, and

(b) the register of young voters for that area.

(2) The list is referred to in this Act as the “Polling List”.

(3) The entries in the Polling List must be arranged in such a way that it is not possible from reading the List to distinguish between those entries that are drawn from the register of local government electors, on the one hand, and those drawn from the register of young voters on the other.

(4) Each entry in the Polling List is to contain the same information as the entry in the register from which it is drawn, except that any dates of birth are to be omitted.

(5) No person to whom this sub-paragraph applies may—

(a) supply to any person a copy of the Polling List, or

(b) disclose any information contained in the List (that is not also contained in the edited version of the register of local government electors),

otherwise than in accordance with this Act.

(6) Sub-paragraph (5) applies to—

(a) a registration officer, and

(b) any person appointed to assist a registration officer, or who in the course of the person’s employment is assigned to assist a registration officer, in the officer’s registration functions.

(7) Nothing in sub-paragraph (5) applies to the supply or disclosure by a person to whom that sub-paragraph applies to another such person in the connection with the person’s registration functions for the purposes of the referendum.

(8) The registration officer must ensure that the Polling List is securely destroyed no later than one year after the date of the referendum, unless otherwise directed by an order of the Court of Session or a sheriff principal.

The cut-off date

19 (1) In this Act, the cut-off date means 5pm on the eleventh day before the date of the referendum.

(2) For the purpose of ascertaining the cut-off date, the following days are to be disregarded—

(a) a Saturday or Sunday,

(b) Christmas Eve or Christmas Day,

(c) a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971,

(d) a day appointed for public thanksgiving or mourning.