The Representation of the People Act 1983 Remedial (Scotland) Order 2019

Made: at 11.15 a.m. on 1st August 2019

Laid before the Scottish Parliament: at 2.30 p.m. on 1st August 2019

Coming into force in accordance with article 1

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Citation and commencement

1

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Application of this Order

2

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Interpretation

3

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Voting at the Shetland Islands by-election

Voting by convicted persons sentenced to terms of 12 months or less

4

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Registration

Residence of convicted persons in prison etc.: uninterrupted residence

5

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Residence of convicted persons in prison etc.: notional residence

6

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Duration of registration

7

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Method of voting

Method of voting by convicted persons

8

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Signed

MICHAEL RUSSELL — A member of the Scottish Government

Explanatory note

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Footnotes

[^f00001]: 2001 asp 7.

[^f00002]: 1983 c.2. Legislative competence for eligibility to vote in Scottish Parliament elections has been devolved to the Scottish Parliament by virtue of section 3 of the Scotland Act 2016 (c.11).

[^f00003]: The term “Convention rights” has the meaning given by section 1 of the Human Rights Act 1998 (c.42). In the case of Hirst v United Kingdom (No. 2), Application no. 74025/01, 6 October 2005, the European Court of Human Rights concluded there had been a violation of Article 3 of Protocol 1 to the Convention by the United Kingdom in so far as section 3 of the 1983 Act imposes a blanket restriction on all convicted prisoners in prison.

[^f00004]: 1998 c.46.

[^f00005]: S.S.I. 2015/425.

[^f00006]: As relevantly amended by paragraph 95 of schedule 16 of the Armed Forces Act 2006 (c.52).

[^f00007]: As relevantly amended by paragraph 22(1) of schedule 1 of the Representation of the People Act 2000 (c.2) (“the 2000 Act”).

[^f00008]: As relevantly amended by paragraph 13(3) of schedule 1 of the Electoral Administration Act 2006 (c.22).

[^f00009]: As relevantly amended by paragraph 130(2) of schedule 13 of the Local Government etc. (Scotland) Act 1994 (c.39).

[^f00010]: As relevantly amended by section 1(2) of the 2000 Act.

[^f00011]: As relevantly amended by paragraph 1 of schedule 4 of the Representation of the People Act 1985 (c.50).

[^f00012]: As relevantly amended by section 1(2) of the Representation of the People Act 2000 (“the 2000 Act”).

[^f00013]: As relevantly amended by section 1(2) of the 2000 Act.

[^f00014]: As relevantly amended by section 1(2) of the 2000 Act.

[^f00015]: Added by section 6 of the 2000 Act and relevantly amended by section 8 of the Scottish Elections (Reduction of Voting Age) Act 2015 (asp 7).

[^f00016]: Added by section 6 of the Representation of the People Act 2000 and relevantly amended by section 12(3) of the Electoral Administration Act 2006 and paragraph 4 of schedule 4 of the Electoral Registration and Administration Act 2013 (c.6).

Voting at the Shetland Islands by-election

Voting by convicted persons sentenced to terms of 12 months or less

Registration

Residence of convicted persons in prison etc.: uninterrupted residence

Residence of convicted persons in prison etc.: notional residence

Duration of registration

Method of voting

Method of voting by convicted persons

Editorial notes

[^key-85279068cd82dc3a1db769e2a84e2d4c]: Order revoked (27.1.2020) by The Representation of the People Act 1983 Remedial (Scotland) Revocation Order 2019 (S.S.I. 2019/408), arts. 1, 2