Draft Regulations laid before Parliament under section 201(2) of the Representation of the People Act 1983, for approval by resolution of each House of Parliament.
2015 No. 0000
Representation Of The People, Scotland

The Representation of the People (Scotland) (Amendment) Regulations 2015

Made2015
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 9D(3) and (4), 10ZC(3), 10ZD(3) and 53(1) and (3) of, and paragraphs 1, 1A, 1B, 3ZA and 12 of Schedule 2 to, the Representation of the People Act 19831 and, having regard to the meaning of “prescribed” in section 202(1), by sections 13A(2), 13AB(2) and 13B(3), (3B) and (3D) of that Act2.
The Secretary of State has consulted the Electoral Commission, the Information Commissioner and such other persons as he considered appropriate in accordance with section 53(5) of that Act3 and (in the case of the Electoral Commission) with section 7(1) and (2)(e) of the Political Parties, Elections and Referendums Act 20004.
In accordance with section 201(2) of the Representation of the People Act 19835, a draft of these Regulations has been laid before and approved by a resolution of each House of Parliament.

Citation and commencement

1.

These Regulations may be cited as the Representation of the People (Scotland) (Amendment) Regulations 2015 and come into force on the day after the day on which they are made.

Amendments to the Representation of the People (Scotland) Regulations 2001

2.

The Representation of the People (Scotland) Regulations 20016 are amended in accordance with regulations 3 to 10.

3.

In regulation 26(1)(a) (applications for registration), for the words from “any previous name” to the end substitute “the most recent name (if any) by which the applicant has previously been known”.

4.

In regulation 26A (application for alteration of register in respect of name)—

(a)

in paragraph (4), for the words from “a copy” to the end substitute “documentary evidence of the applicant’s change of name”;

(b)

in paragraph (5), for “one of the documents in paragraph (4)” substitute “any documentary evidence”;

(c)

in paragraph (6), for “the copy document” substitute “any copy document”.

5.

In regulation 29ZA(1) (verification of information in an application) for “on a paper application form” substitute “otherwise than through the digital service”.

6.

In regulation 32ZA(3) (annual canvass) for sub-paragraph (f) substitute—

“(f)

include a statement that the information provided in response to the form will be processed in accordance with the Data Protection Act 1998”.

7.

In regulation 32ZA(3)(i)—

(a)

omit “signed”;

(b)

for “signing the declaration” substitute “making the declaration”;

(c)

for “they are signing” substitute “they are making it”.

8.

Omit regulation 34 (retaining entries in register).

9.

In regulation 36(2)(b) (notices in connection with registration), for “regulation 31C(2)(d)” substitute “regulation 31C(2)(b)(ii) or (iii)”.

10.

In regulation 78A(1) (cancellation of postal ballot papers) omit “or local government”.

Signed by authority of the Secretary of State

Name
Parliamentary Under Secretary of State
Scotland Office

Dover House, London

EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations amend certain regulations in the Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497) which relate to the new system of individual electoral registration.

Regulation 3 requires applicants for registration to provide their most recent previous name (if any) instead of any previous name by which they have been known in the 12 months before their application.

Regulation 4 provides that, where people wish to change their name in the electoral register, the requirement to provide documentary evidence of the change of name is not limited to particular documents.

The effect of regulation 7 is that responses to the annual canvass form do not have to be made by completing and returning the form.

Regulations 5 and 6 and 8 to 10 make minor clarificatory and correcting amendments. Regulation 10 relates to Part V of the 2001 Regulations.

An overall impact assessment in relation to the individual electoral registration scheme is available on the Cabinet Office website at https://www.gov.uk/government/publications/individual-electoral-registration-impact-assessment.