The Scottish Parliament (Elections etc.) Order 2002

Effect of registers

22.—(1) Any entry in the register of electors, if it gives a date as that on which the person named will attain voting age, shall for any purpose of this Part relating to him as elector be conclusive that until the date given in the entry he is not of voting age nor entitled to be treated as an elector except for the purposes of a Scottish parliamentary election at which the date fixed for the poll is that or a later date.

(2) A person registered as a local government elector, or entered in the list of proxies, shall not be excluded from voting at a Scottish parliamentary election on any of the grounds set out in paragraph (3) below; but this shall not prevent the rejection of the vote on a scrutiny, or affect his liability to any penalty for voting.

(3) The grounds referred to in paragraph (2) above are–

(a) that he is not of voting age;

(b) that he is not, or, on the relevant date or the date of his appointment (as the case may be), was not–

(i) a Commonwealth citizen;

(ii) a citizen of the Republic of Ireland,

(iii) a relevant citizen of the Union;

(c) that he is, or, on the relevant date or the date of his appointment (as the case may be), was, otherwise subject to any other legal incapacity to vote.

(4) In paragraph (3) above, the “relevant date” means–

(a) in relation to a person registered in the register of electors as published in accordance with section 13(1) of the 1983 Act(1), the 15th October immediately preceding the date of publication of the register;

(b) in relation to any other person registered in the register, the relevant date for the purposes of section 4 of the 1983 Act(2).

(1)

Section 13 was substituted by the 2000 Act, Schedule 1, paragraph 6.

(2)

Section 4 was substituted by the 2000 Act, section 1(2).