The Representation of the People (Scotland) (Amendment) Regulations 2007

PART 8 Postal Voters List

Interpretation of Part V of the 2001 Regulations

36.—(1) Regulation 64 shall be amended as follows.

(2) Omit the definition of “absent voters list”.

(3) Omit the definition of “list of postal proxies”.

Postal voters list and proxy postal voters list

37.—(1) In regulations 72 and 73 for “absent voters list” in each place where it occurs substitute “postal voters list”.

(2) In regulations 72 and 73 for “list of postal proxies” in each place where it occurs substitute “proxy postal voters list”.

(3) In regulation 72(7)(b)(1)for the words “special list” to the end substitute “proxy postal voters list.”.

Amendments to procedure for security of special lists

38.—(1) Regulation 75 is amended as follows.

(2) Omit paragraph (2).

(3) For paragraph (3) substitute–

“(3) Until the time referred to in regulation 84(8)(2), the returning officer shall take proper precautions for the security of the marked copy of the postal voters list and the proxy postal voters list.”.

Amendment to procedure for the opening of covering envelopes

39.  In regulation 84, after paragraph (4) insert–

“(5) In carrying out the procedures in this regulation and regulations 85 to 88, the returning officer–

(a) shall keep the ballot papers face downwards and shall take proper precautions for preventing any person from seeing the votes made on the ballot papers; and

(b) shall not be permitted to view the corresponding number list used at the issue of postal ballot papers.

(6) Where an envelope contains a postal voting statement, the returning officer shall place a mark in the marked copy of the postal voters list or proxy postal voters list in a place corresponding to the number of the elector to denote that a postal vote has been returned.

(7) A mark made under paragraph (6) shall be distinguishable from and shall not obscure the mark made under regulation 72(3).

(8) As soon as practicable after the last covering envelope has been opened, the returning officer shall make up into a packet the copy of the postal voters list and proxy postal voters list that have been marked in accordance with paragraph (6) and shall seal such a packet.”.

Confirmation of receipt of postal vote and postal voting statement

40.  After regulation 84 insert–

“Confirming receipt of postal vote and postal voting statements

84A.— (1) An elector or a proxy voter who is shown in the postal voters list or proxy postal voters list may request, at any time before the close of the poll, that the returning officer confirm–

(a) whether a mark is shown in the marked copy of the postal voters list or proxy postal voters list in a place corresponding to the number of the elector to denote that a postal vote has been returned; and

(b) whether the number of the ballot paper issued to the elector or his proxy has been recorded on either of the lists of rejected votes kept by the returning officer under paragraphs (2) and (3) of regulation 87.

(2) The returning officer shall satisfy himself that any such request has been made by the elector or their proxy, and if so satisfied shall provide confirmation of the matters specified paragraph (1).”.

Amendment to requirements for forwarding of documents

41.  In regulation 91(1)(a) after “78(2C)” insert “, 84(8)”(3).

(1)

Paragraph (7) of regulation 72 was inserted by S.I. 2002/1872.

(2)

Paragraph (8) of regulation 84 is inserted by regulation 39 of these Regulations.

(3)

Paragraph (1) of regulation 91, was amended by SI 2006/834.