2009 No. 2 (C. 1)

REPRESENTATION OF THE PEOPLE

The Local Electoral Administration and Registration Services (Scotland) Act 2006 (Commencement No. 5 and Transitional Provision) Order 2009

Made7th January 2009

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 61(2)(b) and 63(2) of the Local Electoral Administration and Registration Services (Scotland) Act 20061 and all other powers enabling them to do so.

Citation1.

This Order may be cited as the Local Electoral Administration and Registration Services (Scotland) Act 2006 (Commencement No. 5 and Transitional Provision) Order 2009.

Provisions coming into force on 22nd January 20092.

Sections 21, 22, 23 and 24 (personal identifiers) of the Local Electoral Administration and Registration Services (Scotland) Act 2006 come into force on 22nd January 2009.

Transitional provision3.

(1)

This article applies where–

(a)

a person has made an application under Schedule 4 to the Representation of the People Act 20002 to a registration officer to vote by post, by proxy, or by post as proxy in respect only of local government elections in Scotland or of a particular local government election in Scotland; and

(b)

the application has not been determined on or before 21st January 2009.

(2)

The registration officer must not grant the application unless the applicant has supplied the registration officer with–

(a)

a specimen of the applicant’s signature; and

(b)

the applicant’s date of birth.

BRUCE CRAWFORD

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

7th January 2009

(This note is not part of the Order)

This Order brings into force on 22nd January 2009 sections 21 to 24 of the Local Electoral Administration and Registration Services (Scotland) Act 2006 (“the Act”).

The Order also makes transitional provision for certain absent vote applications received but not determined before 22nd January 2009. It provides that such applications must not be granted unless the applicant has provided a specimen of their signature and their date of birth.

Sections 61 to 63 of the Act came into force on Royal Assent on 1st August 2006. The Table below shows the provisions of the Act which have been brought into force by earlier commencement orders.

(This note is not part of the Order)

Provision	Date of Commencement	S.I.No.
Sections 39 and 40 (partially), section 41(1) (partially), section 41(2)(a) and (3), section 42 (partially), section 43, section 44(1) (partially), section 44(3) and (4), section 44(5) (partially), section 44(6) (partially), section 45, section 46 (partially), section 47(1) (partially), section 47(3), section 48(1) (partially), section 48(7) and (9)(a), (b)(ii) and (c), section 49 (partially), section 50(1) (partially), section 50(2) to (9) (partially), section 50(10), section 52(1) (partially), section 52(2)(a) to (c) (partially), section 52(2)(d) and (3), section 52(4) (partially), section 52(5), section 52(6) (partially), section 52(7), section 53, sections 54 and 55 (partially), sections 56 to 58, section 59(1)(b), section 60	1st October 2006	2006/469
Sections 37 and 38, section 39(1) (partially), section 39(2), (3)(c), (4), (5), (7) and (8), section 40, section 41, section 42(1) (partially), section 42(2), (3)(a)(iii) and (iv) and (c), (4), (5), (7) and (8), section 44(1) (partially), section 44(2), (7) and (8), section 44(5) (partially), section 44(6), sections 46 to 51, section 52(1) (partially), section 52(2)(a) to (c) and (4), section 52(6) (partially), section 59	1st January 2007	2006/469
Sections 12 to 16, section 18, section 20, section 25, sections 28 and 29, section 30, section 33, section 34(2), (3) and (6). Section 35 (partially), section 36, paragraphs 6, 8 and 11 of schedule 2	29th January 2007	2007/26
Sections 1 to 4, section 5 (partially as regards section 5(2)(a)), sections 6 and 7, sections 8 to 11, sections 26 and 27, sections 31 and 32, section 34(1), (4) and (5), paragraphs 1, 2, 5, 7, 10, 12, 13 and 14 of schedule 2	17th February 2007	2007/26
Section 42(1) (partially), section 42(3)(b) (partially), section 42(6) (partially)	14th January 2008	2007/566
Sections 54 and 55	5th January 2009	2008/405