Representation of the People (Scotland) (Amendment) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Representation of the People (Scotland) Regulations 2001 (“the principal Regulations”).

The main changes are those made by the regulations inserted into the principal Regulations by regulation 14 of these Regulations. The inserted regulations make fresh provision in respect of the free supply and the sale of the register of electors. Regulations 46 to 49 of the principal Regulations (which currently provide for such supply and sale) are revoked by regulation 3 of these Regulations.

Regulation 93 of the inserted regulations provides for an edited version of the register of electors. This version does not contain the names and addresses of those persons who have requested the exclusion of their names and addresses from this version of the register. The request is made either in the form of return of the annual canvass under section 10 of the Representation of the People Act 1983 (“the 1983 Act”), as substituted by Schedule 1 to the Representation of the People Act 2000 (“the 2000 Act”) or in the form of application to be registered. The contents of such applications are prescribed by regulation 26 of the principal Regulations and that regulation is amended by regulation 7 of these Regulations to make provision for that request. The form to be used for the canvass is prescribed by Part I of the Schedule to these Regulations.

Under regulation 109 of the inserted regulations, the edited version of the register is available for sale without restriction.

The inserted regulations introduce new restrictions not only on the sale of the full version of the register but also on its use consequent on its supply free of charge. Breach of the restrictions is an offence under inserted regulation 115.

A copy of the full version of the register may not be supplied by a registration officer otherwise than in accordance with an enactment (which, by virtue of the definition in inserted regulation 92(2), includes subordinate legislation) including the principal Regulations (inserted regulation 94(3)). No copy may be sold except to the persons and organisations falling within inserted regulations 112 (government departments) and 113 (credit reference agencies). Such sales are subject to the fees and conditions set out in inserted regulations 110 and 111, in particular the restrictions on use contained in inserted regulation 111(4) and (5). The purchasers are restricted to the uses which are authorised by regulations 112 and 113.

Inserted regulation 94 restricts the supply of the full register (or information contained in it) by the registration officer and his staff. References to the register include the notices published under sections 13A(2) and 13B(3) of the 1983 Act (as substituted by Schedule 1 to the 2000 Act) amending it. Inserted regulations 95 and 114 places restrictions on the supply of the full register under other enactments (including subordinate legislation) and on the use of information in the register.

Inserted regulations 96 to 100 require the registration officer to supply free of charge and on publication a copy of the full register to the organisations to which those regulations apply. The regulations also place restrictions on the use by those organisations of information in the register.

Inserted regulations 101 to 108 require the registration officer to supply free of charge and on request copies of the full register to the persons and organisations to which the regulations apply. They also set out restrictions on use by those persons and organisations.

Regulation 4 of, and the Schedule to, these Regulations prescribe the form to be used by the registration officer in carrying out the annual canvass.

Regulations 6 and 8 to 11 of these Regulations amend provisions in the principal Regulations relating to the manner of publication of the register (including notices amending it) and the list of overseas electors, to the time when postal ballot papers are to be issued and to the taking of copies of such documents. The register (which, by virtue of inserted regulation 93(5), means the full register) is to be available for inspection only under supervision. Only hand-written copies may be taken.

Regulation 12 of these Regulations amends the principal Regulations to include express provision about the addresses to which postal ballot papers are to be sent. Regulation 13 of these Regulations simplifies the checks required in respect of the declaration of identity for postal ballot papers.