You must hold a hearing to determine an objection, unless you disallow an objection on one of the following grounds:1
the objector is not entitled to object
the objection is clearly without merit
the matter has been concluded by a court
the reasons for the objection are not valid reasons for an objection
Additionally, if you disallow an objection without a hearing, a hearing may be required by the objector. This requirement must be made within three working days from the date of the notice informing the objector of your decision.2
Due to the timescales, you should accept notification of the requirement to hold a hearing by written note, email, or orally.
You should ensure that once a decision is made to reject an objection, the notice to be sent to the objector is dated and sent on that same day.
Where a hearing is to take place, a notice of hearing must be sent to both the objector and the applicant or elector subject to an objection. The notice must state the following:3
the time and place of the hearing
the name and address of the objector
the grounds for the objection
The objector’s details will be made available to the applicant or elector.4
1. Regulations 29(5), (5A), (6) Representation of the People (Scotland) Regulations (RPR) 2001↩ Back to content at footnote 1