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

Residence of persons detained in hospital etc.: notional residence

5.  Section 7B (notional residence: declarations of local connection) of the Representation of the People Act 1983(1) has effect as if—

(a) in subsection (2D), for paragraphs (a) and (b) there were substituted—

“(a) is either—

(i) a convicted person to whom section 3(1A) applies, or

(ii) a detained person to whom section 3A(3A)(a) applies, and

(b) would not be entitled to be registered by virtue of residence at any place other than—

(i) the penal institution in which the convicted person is detained, or (as the case may be)

(ii) the place in which the detained person is detained.”,

(b) in subsection (4)(d)—

(i) in the opening words, the word “convicted” were omitted,

(ii) in sub-paragraph (i), the word “convicted” were omitted,

(iii) in sub-paragraph (ii)—

(aa) the word “convicted” were omitted,

(bb) after “penal institution” there were inserted “or other place the person is so detained”,

(iv) in sub-paragraph (iii)—

(aa) the word “convicted”, in each place it occurs, were omitted,

(bb) after “penal institution” there were inserted “or other place”.

(1)

Section 7B of the Representation of the People Act 1983 was added by section 6 of the Representation of the People Act 2000 (c. 2) and amended by section 14(1) of the Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), section 8(2) to (4) of the Scottish Elections (Reduction of Voting Age) Act 2015 (asp 7), sections 1(4) and 8(2) of the Scottish Elections (Franchise and Representation) Act 2020 (asp 6), section 10(9) of the Senedd Cymru (Members and Elections) Act 2024 (asp 4), and S.I. 2007/1388.