Reform history

- (1) In section 2 of the Representation of the People Act 1983 (“*the 1983 Act*”) (local government electors)—

- (a) in subsection (1)(d), after “over” insert “ , except in Scotland (see subsection (1A)) ”,

- (3) In subsection (2)(c), “*other relevant election*” means an election (other than one mentioned in subsection (2)(a) or (b)) to which section 2 of the 1983 Act applies for the purpose of determining entitlement to vote at the election.

- (2) In regulation 32ZA of the Representation of the People (Scotland) Regulations 2001 (“*the 2001 Regulations*”) (canvass form)—

> (b) in relation to any such person named in the form, require the person's date of birth to be included.

> (2A) In relation to the registration of local government electors, where the person to be invited is under the age of 16, the invitation in paragraph (1) must also include an explanation of how the person's information will be held and used.

> (1A) In relation to the registration of local government electors, where the applicant is not able to provide the applicant's date of birth, the statement referred to in paragraph (1)(e) must indicate whether the applicant is—

- (b) in paragraph (3), after “(1)” insert “ , (1A) ”,

> (b) that information is sufficient to satisfy the registration officer as to the applicant's identity and entitlement to be registered.

> (b) where the attestation is signed by a person so authorised, the attestation must be accompanied by a copy of the person's authorisation.

> (b) “*secure accommodation*” means accommodation provided, for the purpose of restricting the liberty of children, in an establishment in Scotland (whether managed by a local authority, a voluntary organisation or any other person) that—

> (i) provides residential accommodation for children for the purposes of the Children's Hearings (Scotland) Act 2011, the Children (Scotland) Act 1995 or the Social Work (Scotland) Act 1968, and

> (7A) Despite anything in subsection (7), in relation to Scotland, a relevant declaration made by a person has effect only for the purposes of the person's registration as a local government elector.

> (7B) In subsection (7A), “*relevant declaration*” means—

> (3C) Where a person's entitlement to remain registered ceases under subsection (3B), the registration officer must remove the person's entry from the register.

> (5A) Despite anything in subsection (5), in relation to Scotland, a relevant service declaration made by a person has effect only for the purposes of the person's registration as a local government elector.

> (5B) In subsection (5A), “*relevant service declaration*” means—

> (6) The registration officer must send to the person a reminder that the person's declaration will cease to have effect, and that the person's entitlement to remain registered will cease, when the person attains the age of 18.

> (a) the applicant's passport, or

> (b) the applicant's identity card issued in the European Economic Area.

> (9B) In paragraph (9A), “*relevant official*” means—

> who is not the applicant's parent, guardian, spouse or civil partner.

- (1) A registration officer must not publish, supply or otherwise disclose a young person's information, except in accordance with—

- (a) “*a young person's information*” means any entry in—

relating to a person who, at the time of the publication, supply or other disclosure, is under the age of 16, and “*young person*” is to be construed accordingly,

- (c) “*absent voters record or list*” means the following, so far as relating to local government elections—

- (d) “*registration officer*” includes—

- (ii) a person appointed to assist a registration officer in the carrying out of the registration officer's functions, and

- (iii) a person, in the course of the person's employment, assisting a registration officer in the carrying out of those functions.

- (1) A young person's information may be disclosed to any person so far as necessary for the purpose of the carrying out by that person of functions in connection with—

- (a) the registration of electors, ...

- (b) the conduct of an election, or

- (c) the conduct of a referendum in accordance with the Referendums (Scotland) Act 2020.

- (2) A young person's information may be disclosed in accordance with regulation 32ZA(5) and (5A) of the 2001 Regulations (pre-population of the canvass form).

- (3) A young person's information (other than any information by which the person's date of birth may be ascertained) may be disclosed in a version or copy of the register of local government electors or an absent voters record or list supplied in accordance with a relevant supply enactment, but only so far as it is necessary to do so for the purposes of or in connection with an election or referendum at which the young person will be entitled to vote.

- (4) In subsection (3), “*relevant supply enactment*” means—

- (h) any enactment making provision equivalent to that in regulations 103 and 107 (and regulation 101 so far as relating to those regulations) of the 2001 Regulations (as those regulations apply to candidates at local government elections) in relation to elections for membership of the Scottish Parliament,

- (i) the Referendums (Scotland) Act 2020.

- (5) A young person's information may be disclosed to any person so far as necessary for the purposes of a criminal investigation or criminal proceedings relating to an offence (or alleged offence) under any enactment relating to—

- (a) the registration of electors, ...

- (b) the conduct of elections, or

- (c) the conduct of a referendum in accordance with the Referendums (Scotland) Act 2020.

- (6) A young person's information may be disclosed to the young person to whom it relates.

- (7) A registration officer must supply a young person's information to the young person to whom it relates if the young person requests the information for the purpose of verifying that the young person is a permissible donor within the meaning of section 54(2)(a) of the Political Parties, Elections and Referendums Act 2000.

- (8) A young person's information may be disclosed to a person appointed as proxy to vote for the young person to whom the information relates.

- (9) A person to whom a young person's information is disclosed under subsection (1) or (5) must not disclose the information to another person, except as mentioned in that subsection.

- (1) The Scottish Ministers may by regulations make provision for or about the disclosure of a young person's information.

- (a) authorising or requiring registration officers to supply or otherwise disclose any young person's information to such persons as may be specified in the regulations,

- (b) specifying, in relation to any description of persons specified in the regulations in pursuance of paragraph (a), the purposes for which any young person's information supplied or otherwise disclosed may be used,

- (c) imposing prohibitions or restrictions relating to the extent (if any) to which persons to whom any young person's information is supplied or otherwise disclosed (whether in accordance with the regulations or otherwise) may—

- (i) persons to whom any young person's information has been supplied or otherwise disclosed in accordance with regulations made in pursuance of paragraph (c) or this paragraph, or

- (ii) persons who otherwise have access to any young person's information,

- (e) imposing, in relation to persons involved in the preparation of the full register of local government electors, prohibitions with respect to supplying copies of the full register and disclosing any young person's information contained in it.

- (2) In sub-paragraph (5), after “election” insert “ (other than a local government election in Scotland) ”.

- (2) In subsection (1), “*relevant young people*”, in relation to a local authority, means—

- (3) In subsection (1), “*relevant person*” means a person who will not have attained the age of 18 before 1 December 2015.

- “*the 1983 Act*” means the Representation of the People Act 1983,

- “*the 2001 Regulations*” means the Representation of the People (Scotland) Regulations 2001 (SI 2001/497),

- “*local government election*” has the meaning given in section 204(1) of the 1983 Act,

- “*register of local government electors*” means the register of local government electors maintained under section 9(1)(b) of the 1983 Act,

- “*registration officer*” means a registration officer appointed under section 8(3) of the 1983 Act.