
1 
These Regulations may be cited as the Health Board Elections (Scotland) Amendment Regulations 2010 and come into force on 15th February 2010.
2 

(1) The Health Board Elections (Scotland) Regulations 2009 are amended as follows.
(2) After regulation 5 insert—“
5A. 

(1) Without prejudice to regulation 6, the following provisions of the 1983 Act apply, with modifications, to a Health Board election.
(2) Section 60 (personation) of the 1983 Act applies to a Health Board election with the following modifications—
(a) for subsection (2) substitute—“
(2) A person shall be deemed to be guilty of personation at a Health Board election if that person votes by post as some other person whether that other person is living or dead or is a fictitious person.”; and
(b) in subsection (3) omit “who has applied for a ballot paper for the purpose of voting in person or”.
(3) Section 61 (other voting offences) of the 1983 Act applies to a Health Board election with the following modifications—
(a) omit subsections (1), (2A), (3), (3A), (4), (6A) and (6B);
(b) for subsection (2) substitute—“
(2) A person shall be guilty of an offence if that person votes either—
(a) more than once in the same Health Board area; or
(b) in more than one Health Board area.”;
(c) for subsection (6) substitute—“
(6) For the purposes of this section a person who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, shall be deemed to have voted.”; and
(d) in subsection (7)(a) for “below” substitute “as applied to a Health Board election by the Health Board Elections (Scotland) Regulations 2009”.
(4) Section 65 (tampering with nomination papers, ballot papers etc.) of the 1983 Act applies to a Health Board election with the following modifications—
(a) any reference to—
(i) a local government election; or
(ii) a parliamentary or local government election,
is to be read as a reference to a Health Board election.
(b) in subsection (1)(b)—
(i) omit “postal voting statement or”; and
(ii) for “declaration of identity or official” substitute “covering”;
(c) omit subsection (1)(e); and
(d) in subsection (3) omit “, a presiding officer”.”.
(3) Omit the cross heading to regulation 6 (application of Part 3 of the 1983 Act).
(4) In rule 5 of the Schedule (voters - eligibility)—
(a) before “An individual” insert “(1)”;
(b) at the end insert—“
(2) A voter may not vote in more than one Health Board area.
(3) A voter may not vote more than once in the same Health Board area.”.
NICOLA STURGEON
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
11th February 2010