The Representation of the People (Scotland) (Amendment) Regulations 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to the Representation of the People (Scotland) Regulations 2001 (SI. 2001/497) (“the 2001 Regulations”) and to the Representation of the People (Scotland) Regulations 1986 (S.I. 1986/1111) (“the 1986 Regulations”) which are necessary as a result of amendments made to the Representation of the People Act 1983 (“the 1983 Act”) by the Political Parties and Elections Act 2009 (“the 2009 Act”). Section 25 of the 2009 Act transfers responsibility for retaining certain United Kingdom Parliamentary election documents, making them available for public inspection and disposing of them, from sheriff clerks to the parliamentary returning officers.

Regulation 1(2) provides for the amendments made by these Regulations not to apply in relation to elections where the date of the poll is before the date these Regulations come into force (two days after the day on which they are made). Documents relating to such elections will continue to be forwarded to and held by sheriff clerks until destroyed under rule 57 of the Parliamentary Elections Rules in Schedule 1 to the 1983 Act.

Regulations 3 to 6 make changes to the 2001 Regulations and regulation 7 makes a change to the 1986 Regulations. These changes reflect the transfer of functions in relation to retention, public inspection and disposal of election documents from sheriff clerks to the parliamentary returning officers.