The Health Board Elections (Scotland) Regulations 2009

PART 4VOTERS

Voters – eligibility

5.  An individual aged 16 or over is entitled to vote at a Health Board election if, on the day on which the election notice is published, the individual—

(a)is registered in a register of local government electors in respect of an address in the Health Board area; and

(b)would be entitled to vote at a local government election in an electoral area falling wholly or partly in the Health Board area (or would be so entitled if aged 18 or over).

Registration officers

6.  The “relevant registration officer” for a Health Board area is the registration officer for each local government area comprised in or forming part of the Health Board area.

Absent voters

7.—(1) A person may apply to a relevant registration officer to have the person’s voting pack for a Health Board election delivered to an address other than the address in respect of which the person is registered, or will be at the time of the next Health Board election, in the register of local government electors maintained by that officer.

(2) The relevant registration officer must grant an application if—

(a)it is not invalid, in terms of paragraph (6); and

(b)the officer is satisfied that the applicant is registered, or will be at the time of the next Health Board election, in the register of local government electors, in respect of an address in the Health Board area.

(3) A person whose application is granted under this rule is known as an “absent voter”.

(4) The relevant registration officer must notify an applicant of the officer’s decision on an application as soon as is reasonably practicable.

(5) Such a notification must, where an application is refused, give the reason for refusal.

(6) An application is invalid (and must not be granted) if received during the 35 days before the day of an election in which the person is entitled to vote.

(7) A relevant registration officer who receives an invalid application must notify the applicant to explain why the application is invalid.

Absent voters list

8.—(1) Each relevant registration officer must keep a list (the “absent voters list”) of the names of every absent voter together with the alternative addresses provided by them.

(2) A relevant registration officer must remove a voter from the absent voters list if the voter asks to be removed.

(3) A request for removal from the absent voters list may not be made during the 35 days before the day of an election in which the person is entitled to vote.

(4) Each relevant registration officer must make the absent voters list available for inspection at such place and times as the officer considers appropriate.

Duty to supply free copy of registers to returning officer

9.—(1) Each relevant registration officer must, free of charge and as soon as is reasonably practicable after publication of an election notice, supply the returning officer with—

(a)an extract of the register of local government electors containing the details of every voter entitled to vote in the election; and

(b)an extract of the absent voters list containing the details of every absent voter entitled to vote in the election.

(2) Extracts must be provided in printed and data form.

(3) A returning officer may not disclose any information contained in the extracts, or make use of any such information, except for the purposes of the election.