The Representation of the People Act 1983 Remedial (Scotland) Order 2025

Residence of detained persons in hospitals etc.: uninterrupted residence

4.  The Representation of the People Act 1983 has effect as if after section 7AA (residence: convicted person to whom section 3(1A) applies)(1) there were inserted—

““7AB.    Residence: detained person to whom section 3A(3A)(a) applies

(1) This section applies to a detained person to whom section 3A(3A)(a) applies.

(2) In determining whether the detained person is resident in a dwelling on the relevant date for the purpose of section 4(3)(a), the detained person's residence is not to be taken to have been interrupted by reason of the person's detention if—

(a) the detained person—

(i) intends to resume actual residence when released from the place they are detained (other than on temporary release), and

(ii) will not be prevented from doing so by an order of any court, or

(b) the dwelling serves as a permanent place of residence (whether for the detained person alone or with other persons) and the detained person would be in actual residence there but for their detention.

(3) In this section and section 7B “detained person” means a person detained at any place in pursuance of an order or direction mentioned in section 3A(3A)(a).”.

(1)

Section 7AA of the Representation of the People Act 1983 was added by section 7 of the Scottish Elections (Franchise and Representation) Act 2020 (asp 6).