
1 
This Order may be cited as the Representation of the People Act 1983 Remedial (Scotland) Order 2019 and comes into force on the day after the day on which it is made.
2 

(1) This Order applies to the election to be held under section 9 of the Scotland Act 1998 (constituency vacancies) on 29 August 2019 for a constituency member of the Scottish Parliament to serve for the Shetland Islands constituency.
(2) That election is referred to in this Order as the “Shetland Islands by-election”.
3 
In this Order—
 “the 1983 Act” means the Representation of the People Act 1983,
 “the 2015 Order” means the Scottish Parliament (Elections etc.) Order 2015,
 “constituency member” has the meaning given in section 126(1) of the Scotland Act 1998,
 “convicted person” has the meaning given in section 3(2)(a) of the 1983 Act,
 “dwelling” has the meaning given in section 202(1) of the 1983 Act,
 “elector” has the meaning given in section 202(1) of the 1983 Act,
 “penal institution” has the meaning given in section 3(2)(b) of the 1983 Act,
 “register of local government electors” has the meaning given in paragraph 10 of schedule 7 of the 1983 Act,
 “registration officer” means an officer appointed under section 8(3) of the 1983 Act,
 “relevant date” has the meaning given in section 4(6) of the 1983 Act,
 “Shetland Islands constituency” means the constituency listed in paragraph 1(2)(b) of schedule 1 of the Scotland Act 1998.
4 

(1) A convicted person is not legally incapable of voting at the Shetland Islands by-election by virtue of section 3(1) of the 1983 Act (disenfranchisement of offenders in prison etc.) during the time that the person is detained in a penal institution in pursuance of a sentence imposed for a term not exceeding 12 months.(1)
(2) In calculating the term of a sentence of a convicted person for the purpose of paragraph (1), terms that are consecutive or concurrent to any extent are to be treated as a single term if the sentences were imposed on that person—
(a) on the same occasion, or
(b) on different occasions but the convicted person was not released (other than on temporary release) at any time during the period beginning with the first occasion and ending with the last.
(3) So far as necessary for the purposes of voting at the Shetland Islands by-election (including registering to vote at that election), a convicted person to whom paragraph (1) of this article applies is to be treated as not being legally incapable of voting at local government elections in Scotland by virtue of section 3(1) of the 1983 Act (entitlement).
5 

(1) This article applies to a convicted person to whom article 4(1) applies.
(2) In determining whether the convicted person is resident in a dwelling on the relevant date for the purpose of section 4(3)(a) of the 1983 Act (entitlement to be registered in the register of parliamentary and local government electors: residence requirement), the convicted person’s residence is not to be taken to have been interrupted by reason of the convicted person’s detention in a penal institution if—
(a) the convicted person—
(i) intends to resume actual residence when released from the penal institution (other than on temporary release), and
(ii) will not be prevented from doing so by an order of any court, or
(b) the dwelling serves as a permanent place of residence (whether for the convicted person alone or with other persons) and the convicted person would be in actual residence there but for the convicted person’s detention.
6 

(1) Section 5(6) of the 1983 Act (residence of persons detained in legal custody) is subject to section 7B of that Act (notional residence: declarations of local connection) in so far as it relates to a declaration made for the purposes only of the registration of local government electors in Scotland.
(2) Section 7B of the 1983 Act, so far as relating to the registration of local government electors in Scotland, also applies to a person who, on the date on which the person makes a declaration under subsection (1) of that section—
(a) is a convicted person to whom article 4(1) applies, and
(b) would not be entitled to be registered by virtue of residence at any place other than the penal institution in which the convicted person is detained.
(3) In the case of a convicted person falling within paragraph (2), the “required address” for the purpose of section 7B of the 1983 Act is—
(a) the address in the Shetland Islands constituency where the convicted person would be residing but for the person’s detention, or
(b) if the convicted person cannot give an address under sub-paragraph (a), an address in the Shetland Islands constituency at which the convicted person has previously been resident.
(4) Despite anything in section 7B(7) of the 1983 Act, a declaration of local connection made by virtue of paragraph (2) of this article has effect only for the purposes of the person’s registration as a local government elector for the purpose of the Shetland Islands by-election.
(5) A declaration of local connection made by virtue of paragraph (2) of this article must be marked to show that it is available only for the purpose of registration as a local government elector for the purpose of the Shetland Islands by-election but otherwise it is to be the same as other declarations of local connection.
(6) Section 7C(2) of the 1983 Act (effect of declaration of local connection) does not apply in relation to a convicted person to whom article 4(1) applies who is registered in the register of local government electors in pursuance of a declaration of local connection made by virtue paragraph (2) of this article (but see article 7).
7 

(1) A convicted person to whom article 4(1) applies who is registered in the register of local government electors by virtue of this Order is entitled to remain so registered only for so long as necessary for the purposes of voting as an elector at the Shetland Islands by-election.(1)
(2) Where the entitlement of such a person to remain so registered terminates by virtue of paragraph (1), the registration officer concerned must remove the person’s entry from the register, unless the person is entitled to remain registered otherwise than by virtue of this Order.
8 

(1) In relation to the Shetland Islands by-election, nothing in article 7(1) to (5) of the 2015 Order (manner of voting) applies to a convicted person to whom article 4(1) applies.
(2) Such a person may only vote as an elector at the Shetland Islands by-election by post (where the person is entitled as an elector to vote by post at the election).
(3) A person is not capable of voting as proxy at the Shetland Islands by-election if, on the date of the election, the person is a convicted person to whom article 4(1) applies.
MICHAEL RUSSELL
A member of the Scottish Government
St Andrew’s House,
Edinburgh
At 11.15 a.m. on 1st August 2019