The Representation of the People (Scotland) (Amendment) Regulations 2006

• Citation: S.I. 2006/834
• Sections: 23

Section 1 Citation, commencement, interpretation and extent

(1) These Regulations may be cited as the Representation of the People (Scotland) (Amendment) Regulations 2006 and shall come into force on the fourteenth day after the day on which they are made.

(2) In these Regulations, “the 2001 Regulations ” means the Representation of the People (Scotland) Regulations 2001 .

(3) These Regulations shall extend to Scotland only.

Section 2 Amendment to provision about applications for registration

In regulation 26 of the 2001 Regulations, at the end of paragraph (1) insert–

(f) except in the case of a person applying to be registered in pursuance of an overseas elector’s declaration, the applicant’s nationality;

Section 3 Amendment to provision about general requirements for applications for an absent vote

In regulation 51(2)(b) of the 2001 Regulations, for “or will be registered” substitute “registered or has applied to be (or is treated as having applied to be) registered”.

Section 4 Additional provisions concerning the requirements for applications for an absent vote

After Regulation 51 of the 2001 Regulations insert the following–

Additional provision concerning the requirement that an application for an absent vote must be signed by the applicant

(51A) The registration officer may satisfy himself that an application for an absent vote meets the requirement in regulation 51(3) that it has been signed by the applicant by referring to any signature previously provided by the applicant to the registration officer or returning officer.

Additional requirements for applications for ballot papers to be sent to different address from that shown in the record kept under paragraph 3(4) or 7(6) of Schedule 4

(51B)

(1) An application under–

(a) paragraph 4(3)(a) of Schedule 4 by a person shown as voting by post in the record kept under paragraph 3(4) of that Schedule; or

(b) paragraph 7(7) of that Schedule by a person shown as voting by post in the record kept under paragraph 7(6) of that Schedule,

for his ballot paper to be sent to a different address from that shown in the record shall set out why the applicant’s circumstances will be or are likely to be such that he requires his ballot paper to be sent to that address.

(2) Paragraph (1) does not apply to an application at a local government election in Scotland.

Section 5 Amendment to provision about additional requirements for applications for a proxy vote in respect of a particular election

For regulation 55 of the 2001 Regulations substitute–

Additional requirements for applications for a proxy vote in respect of a particular election

(55)

(1) An application under paragraph 4(2) of Schedule 4 to vote by proxy at a particular election shall set out why the applicant’s circumstances on the date of the poll for that election in respect of which it is made will be or are likely to be such that he cannot reasonably be expected to vote in person at his allotted polling station.

(2) Where an application under paragraph 4(2) of Schedule 4–

(a) is made on the grounds of the applicant’s physical incapacity; and

(b) is made after 5 p.m. on the sixth day before the date of poll at the election for which it is made,

the requirements of regulation 53 as to the matters to be specified and the attestation shall apply.

(3) Where an application mentioned in paragraph (2) is made, the person who attests the application shall state, in addition to those matters specified in regulation 53(4), to the best of his knowledge and belief, the date upon which the applicant became physically incapacitated.

(4) Paragraph (2) does not apply to a local government election in Scotland.

Section 6 Amendment to provision about closing date for applications

(1) Other than in its application to a local government election in Scotland, regulation 56 of the 2001 Regulations shall be amended as follows.

(2) In paragraph (1) for “3(6) or (7)” substitute “3(1), (6) or (7), or 7(4)”.

(3) In paragraph (2) for “3(1) or (2), or 6(7) or 7(4)” substitute “3(2) or 6(7)”.

(4) For paragraph (3) substitute–

(3) Subject to paragraph (3A), an application under paragraph 4(2) or 6(8) of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the sixth day before the date of the poll at the election for which it is made.

(3A) Where–

(a) an application under paragraph 4(2) of Schedule 4 is made on the grounds of the applicant’s physical incapacity; and

(b) the applicant became physically incapacitated after 5 p.m. on the sixth day before the date of the poll at the election for which it is made,

the application, or an application under paragraph 6(8) of Schedule 4 made by virtue of that application, shall be refused if it is received after 5 p.m. on the day of the poll at the election for which it is made.

(5) In paragraph (4) for “7(7)” substitute “4(1) or 7(7)”.

(6) After paragraph (7) insert–

(8) In the application of this regulation to a local government election in Scotland–

(a) in paragraph (1) for “3(1), (6) or (7), or 7(4)” substitute “3(6) or (7)”,

(b) in paragraph (2) for “3(2) or 6(7)” substitute “3(1) or (2), or 6(7) or 7(4)”,

(c) for paragraph (3) substitute–

(3) An application under paragraph 4(1) or (2) or 6(8) of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the sixth day before the date of the pool at the election for which it is made.

(d) omit paragraph (3A), and

(e) in paragraph (4) omit “4(1) or”.

Section 7 Amendment to provision about grant or refusal of applications

(1) Other than in its application to a local government election in Scotland, regulation 57 of the 2001 Regulations shall be amended as follows.

(2) In paragraphs (1) and (5) of the 2001 Regulations omit “, where practicable,”.

(3) After paragraph (4) insert–

(4A) Where the registration officer grants an application made under–

(a) paragraph 4(3)(a) of Schedule 4 by a person shown as voting by post in the record kept under paragraph 3(4) of that Schedule; or

(b) paragraph 7(7) of that Schedule by a person shown as voting by post in the record kept under paragraph 7(6) of that Schedule,

he shall notify the applicant of this.

(4B) Where a person is removed from the record kept pursuant to paragraph 3(4) of Schedule 4, the registration officer shall notify him of this and the reason for it.

(4C) Where the appointment of a proxy is cancelled by the elector or otherwise ceases to be in force, the registration officer shall notify the elector that the appointment has been cancelled or, as the case may be, notify him that the appointment has ceased and the reason for it.

(4) After paragraph (6) insert–

(7) In the application of this regulation to a local government election in Scotland–

(a) the notification requirements in paragraphs (1) and (5) shall only apply where notification is practicable, and

(b) paragraphs (4A), (4B) and (4C) shall be omitted.

Section 8 Amendment to provision about spoilt postal ballot papers

(1) Regulation 77 of the 2001 Regulations shall be amended as follows.

(2) For paragraphs (1) and (2) substitute–

(1) If a postal voter has inadvertently dealt with his postal ballot paper or declaration of identity in such a manner that it cannot be conveniently used as a ballot paper (referred to as “a spoilt ballot paper”) or, as the case may be, a declaration of identity (referred to as “a spoilt declaration of identity”) he may return (either by hand or by post) to the returning officer the spoilt ballot paper or, as the case may be, the spoilt declaration of identity.

(2) Where a postal voter exercises the entitlement conferred by paragraph (1), he shall also return–

(a) the postal ballot paper or, as the case may be, the declaration of identity, whether spoilt or not;

(b) where postal ballot papers for more than one election have been issued together under regulation 65, all other ballot papers so issued, whether spoilt or not; and

(c) the envelopes supplied for the return of the documents mentioned in paragraph (1) or sub paragraph (a) or (b).

(3) In paragraph (3)–

(a) at the beginning insert “Subject to paragraph (3A),”; and

(b) for “5 p.m. on the day before the day of the poll” substitute “5 p.m. on the day of the poll”.

(4) After paragraph (3) insert–

(3A) Where the returning officer receives the documents referred to in paragraph (1) and, where applicable paragraph (2), after 5 p.m. on the day before the day of the poll, he shall only issue another postal ballot paper or, as the case may be, ballot papers if the postal voter returns the documents by hand.

(5) For paragraph (5) substitute–

(5) Any postal ballot paper or declaration of identity, whether spoilt or not, returned in accordance with paragraph (1) or (2) shall be immediately cancelled.

(6) For paragraph (7) substitute the following paragraph–

(7) Where a postal voter applies in person–

(a) by 5 p.m. on the day before the day of the poll, the returning officer may hand a replacement postal ballot paper to him; or

(b) after 5 p.m. on the day before the day of the poll, the returning officer may only hand a replacement postal ballot paper to him,

instead of delivering it in accordance with regulation 76.

Section 9 Amendment to provision about lost postal ballot papers

(1) Regulation 78 of the 2001 Regulations shall be amended as follows.

(2) For paragraph (1) substitute–

(1) Where a postal voter claims either to have lost or not to have received–

(a) his postal ballot paper, or

(b) the declaration of identity, or

(c) one or more of the envelopes supplied for their return,

by the third day before the day of the poll, he may apply (whether or not in person) to the returning officer for a replacement ballot paper.

(3) After paragraph (2) insert–

(2A) Where a postal voter exercises the entitlement conferred by paragraph (1), he shall return–

(a) the documents referred to in paragraph (1)(a) to (c); and

(b) where postal ballot papers for more than one election have been issued together under regulation 65, all other ballot papers so issued,

which he has received and which have not been lost.

(2B) Any postal ballot paper or declaration of identity returned in accordance with paragraph (2A) shall be immediately cancelled.

(2C) The returning officer, as soon as practicable after cancelling those documents, shall make up those documents in a separate packet and shall seal the packet; and if on any subsequent occasion documents are cancelled as mentioned above, the sealed packet shall be opened and the additional cancelled documents included in it and the packet shall be again made up and sealed.

(4) In paragraph (3)–

(a) at the beginning insert “Subject to paragraph (3A),”; and

(b) for “5 p.m. on the day before the day of the poll” substitute “5 p.m. on the day of the poll”;

(c) for sub paragraph (b) substitute–

(b) has no reason to doubt that the postal voter has either lost or has not received the original postal ballot paper or the declaration of identity or one or more of the envelopes provided for their return

(5) After paragraph (3) insert the following paragraph–

(3A) Where the application is received by the returning officer after 5 p.m. on the day before the day of the poll, he shall only issue another postal ballot paper or, as the case may be, ballot papers if the postal voter applies in person.

(6) For paragraph (4)(c) substitute–

(c) where the postal voter is a proxy, his name and address.

(7) For paragraph (6) substitute the following paragraph–

(6) Where a postal voter applies in person–

(a) by 5 p.m. on the day before the day of the poll, the returning officer may hand a replacement postal ballot paper to him; or

(b) after 5 p.m. on the day before the day of the poll, the returning officer may only hand a replacement postal ballot paper to him,

instead of delivering it in accordance with regulation 76.

Section 10 Amendment to provision about alternative means of returning postal ballot paper or declaration of identity

(1) Regulation 79 of the 2001 Regulations shall be amended as follows.

(2) In paragraph (2) at the beginning insert “Subject to paragraph (3),”.

(3) After paragraph (2) insert–

(3) The returning officer may collect, or cause to be collected, any postal ballot paper or declaration of identity which by virtue of paragraph (2) the presiding officer of a polling station would otherwise be required to deliver or cause to be delivered to him.

(4) Where the returning officer collects, or causes to be collected, any postal ballot paper or declaration of identity in accordance with paragraph (3) the presiding officer shall first make it (or them) up into a packet (or packets) sealed with his own seal and the seals of such polling agents as are present and desire to affix their seals.

Section 11 Amendment to provision about forwarding of documents

(1) Regulation 91 of the 2001 Regulations shall be amended as follows.

(2) In paragraph (1)(a) after “77(6) insert “, 78(2C)”.

(3) In paragraph (5) after “Secretary of State” insert “and the Electoral Commission in the period which starts 10 days after the day of the poll and ends 15 days after the day of the poll”.

Section 12 Amendment to provision about the interpretation of Part VI of the 2001 Regulations

(1) Regulation 92 of the 2001 Regulations shall be amended as follows.

(2) In paragraph (2)–

(a) in sub paragraph (a) omit “and”; and

(b) after sub paragraph (b) insert–

(c) “relevant conditions” has the same meaning as in section 33(1) of the Data Protection Act 1998 , and

(d) “research purposes” shall be construed in accordance with section 33(1) of the Data Protection Act 1998.

Section 13 Amendment to provision about restriction on use of the full register, or of information contained in it, supplied in accordance with enactments or obtained otherwise

(1) Regulation 95 of the 2001 Regulations shall be amended as follows.

(2) Paragraphs (2) and (3) shall be omitted.

(3) After paragraph (1) insert–

(2) No person to whom this regulation applies may–

(a) supply a copy of the full register,

(b) disclose any information contained in it (that is not contained in the edited register), or

(c) make use of any such information,

other than for a permitted purpose construed in accordance with paragraph (3).

(3) The “permitted purpose”–

(a) where the copy was supplied or the information obtained in pursuance of a relevant provision, means the particular purpose for which the copy was supplied or the information disclosed to the person in question pursuant to the relevant provision;

(b) where the copy was not supplied or the information was not disclosed in pursuance of a relevant provision–

(i) in the case of a person to whom the copy of the full register was made available for inspection under supervision in accordance with regulations 43(1)(a), 96(2)(a) and (3), 98(4)(a) and 108A(6)(a) and (b), does not include direct marketing within the meaning of section 11(3) of the Data Protection Act 1998; and

(ii) in any other case, means any purpose for which the person to whom this regulation applies could have obtained a copy of the register or the information contained in it pursuant to any enactment, including these Regulations.

Section 14 Amendment to provision about supply of free copy of full register to the National Library of Scotland and the British Library and restrictions on use

(1) Regulation 96 of the 2001 Regulations shall be amended as follows.

(2) In paragraph (1)–

(a) omit “, one printed copy of”;

(b) in sub paragraph (a), at the beginning, insert “one printed copy and one data copy of”; and

(c) in sub paragraph (b), at the beginning, insert “one printed copy of”.

(3) In paragraph (2), at the beginning, insert “Subject to paragraph (5)”.

(4) In paragraph (3), at the beginning, insert “Subject to paragraph (5)”.

(5) After paragraph (3) insert–

(3A) Where a copy of the full register is made available for inspection by providing the register on a computer screen or otherwise in data form, the National Library of Scotland and the British Library shall ensure that the manner in, and equipment on, which that copy is provided do not permit any person consulting that copy to–

(a) search it by electronic means by reference to the name of any person; or

(b) copy or transmit any part of that copy by electronic, or any other, means.

(6) In paragraph (4) after “the British Library” insert “, whether a printed copy or in data form,”.

(7) After paragraph (4) insert–

(5) A person employed by the National Library of Scotland or the British Library is not prohibited from supplying a copy of, or disclosing information contained in, a version of the full register where–

(a) more than ten years have expired since that version of the register was first published in accordance with regulation 43; and

(b) the supply or disclosure is for research purposes in compliance with the relevant conditions.

(6) No person who obtains a copy of the full register or to whom information contained in it that is not contained in the edited register is disclosed under the circumstances described in paragraph (5) may–

(a) supply a copy of it,

(b) disclose any such information, or

(c) make use of any such information,

otherwise than for research purposes in compliance with the relevant conditions.

(7) For the avoidance of doubt, and without prejudice to the generality of regulation 92(4), the restrictions on use imposed by paragraphs (2) to (4) and (6), and the removal of prohibition provided for by paragraph (5), shall apply to any copy of a register and to any copy of a list of overseas electors supplied to the National Library of Scotland in terms of regulation 97B of the Representation of the People (England and Wales) Regulations 2001 .

Section 15 Addition to provisions about supply of free copy of full register for electoral purposes and restrictions on use

After regulation 97 of the 2001 Regulations, insert–

Supply of free copy of full register for elections of members of National Park authorities and restrictions on use

(97A)

(1) A registration officer shall supply, free of charge and as soon as reasonably practicable in response to a written request, as many printed copies of–

(a) the latest revised version of the register published under section 13(1) or (3) of the 1983 Act, as the case may be;

(b) any notice setting out an alteration to the version of the register published under section 13A(2) or 13B(2) of that Act,

as a returning officer for the council or, as the case may be, each council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 may require for the purposes of any election of members of a National Park authority designated by an Order under the National Parks (Scotland) Act 2000 for his registration area.

(2) The duty to supply as many printed copies of the register and notices as the returning officer may reasonably require includes a duty to supply one copy of each in data form.

(3) No person to whom a copy of the register has been supplied under this paragraph may–

(a) supply a copy of the full register;

(b) disclose any information contained in it (that is not contained in the edited register); or

(c) make use of any such information,

except for the purposes of an election.

Section 16 Amendment to provision for supply of free copy of full register etc. to Office for National Statistics, addition of the General Register Office for Scotland, and restrictions on use

(1) Regulation 98 of the 2001 Regulations shall be amended as follows.

(2) In paragraph (1) at the end insert “and the General Register Office for Scotland (in this regulation referred to as “GROS”) respectively”.

(3) In paragraph (2) after “the Office” insert “or GROS”.

(4) In paragraph (3)–

(a) at the beginning, insert “Subject to paragraph (6)”; and

(b) after “the Office” insert “or GROS”.

(5) In paragraph (4)–

(a) at the beginning insert “Subject to paragraph (6)”; and

(b) in sub paragraph (a) after “the Office” insert “or GROS”.

(6) After regulation 98(4) insert–

(4A) Where a copy of the full register is made available by providing the register on a computer screen or otherwise in data form, the Office and GROS shall ensure that the manner in, and equipment on, which that copy is provided do not permit any person consulting that copy to–

(a) search it by electronic means by reference to the name of any person; or

(b) copy or transmit any part of that copy by electronic, or any other, means.

(7) In paragraph (5), after “full register” insert “, whether a printed copy or in data form,”.

(8) After paragraph (5) insert–

(6) A person employed by the Office or GROS is not prohibited from supplying a copy of, or disclosing information contained in, a version of the full register where–

(a) more than ten years have expired since that version of the register was first published in accordance with regulation 43; and

(b) the supply or disclosure is for research purposes in compliance with the relevant conditions.

(7) No person who obtains a copy of the full register or to whom information contained in it that is not contained in the edited register is disclosed under the circumstances described in paragraph (6) may–

(a) supply a copy of it,

(b) disclose any such information, or

(c) make use of any such information,

otherwise than for research purposes in compliance with the relevant conditions.

Section 17 Amendment to provision for supply of full register etc. to certain councils and restrictions on use

(1) Regulation 106 of the 2001 Regulations shall be amended as follows.

(2) After “crime prevention” in paragraph (3), insert “, or for the purposes of a local referendum being conducted by the returning officer or”.

(3) After paragraph (3) insert–

(3A) In paragraph (3) “the returning officer” means the returning officer appointed for the council’s area under section 41 of the 1983 Act.

Section 18 Amendment to provision for supply of full register etc. to police forces and restrictions on use

(1) Regulation 108 of the 2001 Regulations shall be amended as follows.

(2) In the heading after “police forces” insert “and other agencies,”.

(3) In paragraph (1)–

(a) in sub paragraph (e) omit “and”; and

(b) after sub paragraph (f) insert–

(g) the Security Service;

(h) the Government Communications Headquarters; and

(i) the Secret Intelligence Service.

(4) In paragraph (3) for “purpose” to the end substitute “purposes specified in paragraph (4)”.

(5) After paragraph (3) insert–

(4) The purposes referred to in paragraph (3) are–

(a) in the case of the forces and organisations falling within sub paragraphs (a) to (f) of paragraph (1)–

(i) the prevention and detection of crime and the enforcement of the criminal law (whether in Scotland or elsewhere);

(ii) the vetting of a relevant person for the purpose of safeguarding national security; and

(b) in the case of the organisations falling within sub paragraphs (g) to (i) of paragraph (1), those connected with the carrying out of any of their statutory functions.

(5) In this Regulation “relevant person” means–

(a) a constable or officer or prospective constable or officer of the force or organisation; or

(b) an employee of, or applicant for employment by, the force or organisation.

Section 19 Provision for supply of full register to statutory library authorities and local authority archives services, and restrictions on use

After regulation 108 of the 2001 Regulations insert–

Supply of full register to statutory library authorities and local authority archives services, and restrictions on use

(108A)

(1) A statutory library authority or local authority archives service may request the registration officer to supply free of charge the relevant part (within the meaning of paragraph (2)) of any of the following–

(a) a revised version of the register published under section 13(1) or (3) of the 1983 Act;

(b) any notice setting out an alteration to the register published under section 13A(2) or 13B(3) of that Act;

(c) a list of overseas electors.

(2) For the purposes of paragraph (1) the relevant part of the documents listed in that provision is so much of them as a statutory library authority or local authority archives service has been given responsibility for keeping by a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 .

(3) Such a request shall be made in writing and shall–

(a) specify the documents requested;

(b) state whether the request is made only in respect of the current documents or whether it includes a request for the supply of any subsequent document on publication; and

(c) state whether a printed copy of any of the documents is requested instead of the version in data form.

(4) Unless a request has been made in advance of supply under paragraph (3)(c), the copy of a document supplied under this regulation shall be in data form.

(5) The registration officer shall supply the relevant part of the documents referred to in paragraph (1) in accordance with a request that has been duly made.

(6) Subject to paragraph (9), no person employed by the statutory library authority or local authority archives service may–

(a) supply a copy of the full register other than to another such person or to a person using the library or the archives service to inspect it under supervision;

(b) disclose any information contained in it (that is not contained in the edited register) otherwise than by allowing a person using the library or the archives service to inspect it under supervision; or

(c) make use of any such information.

(7) Where a copy of the full register is made available for inspection in accordance with paragraph (6)(a) or (b) by providing the register on a computer screen or otherwise in data form, the statutory library authority or local authority archives service shall ensure that the manner in, and equipment on, which that copy is provided do not permit any person consulting that copy to–

(a) search it by electronic means by reference to the name of any person; or

(b) copy or transmit any part of that copy by electronic means.

(8) A person who inspects a copy of the full register, whether a printed copy or in data form, may not–

(a) make copies of any part of it, or

(b) record any particulars in it,

otherwise than by means of hand-written notes.

(9) The statutory library authority or local authority archives service is not prohibited from supplying a copy of, or disclosing information contained in, a version of the full register where–

(a) more than ten years have expired since that version of the register was first published in accordance with regulation 43; and

(b) the supply or disclosure is for research purposes in compliance with the relevant conditions.

(10) No person who obtains a copy of the full register or to whom information contained in it that is not contained in the edited register is disclosed under the circumstances described in paragraph (9) may–

(a) supply a copy of it,

(b) disclose such information, or

(c) make use of any such information,

otherwise than for research purposes in compliance with the relevant conditions.

(11) In this regulation–

“statutory library authority” has the same meaning as in section 5 of the Public Libraries (Scotland) Act 1955 ;

“local authority archives service” means an archives service of a council established under the Local Government etc. (Scotland) Act 1994 .

Section 20 Amendment to provision for sale of full register

In regulation 110(7) of the 2001 Regulations after “full register” insert “or any copy of a notice under section 13A(2) or 13B(3) of the 1983 Act”.

Section 21 Amendment to provision for sale of full register to government departments

(1) Regulation 112 of the 2001 Regulations shall be amended as follows.

(2) In the heading after “government departments” insert “and other bodies”.

(3) In paragraph (1) for “to a government department” substitute–

to–

a government department;

the Scottish Environment Protection Agency;

the Financial Services Authority; or

a body not falling within sub paragraphs (a) to (c) which carries out the vetting of any person for the purpose of safeguarding national security,

other than a force or organisation to which regulation 108(1) applies.

(4) For paragraph (2) substitute–

(2) For the purposes of regulation 111(3), the relevant restrictions apply–

(a) in the case of a body falling within sub paragraphs (a) to (c) of paragraph (1), except for the purpose of–

(i) the administration of justice, the prevention and detection of crime and the enforcement of the criminal law (whether in Scotland or elsewhere);

(ii) the vetting of employees and applicants for employment where such vetting is required pursuant to any enactment;

(iii) the vetting of any person where such vetting is for the purpose of safeguarding national security; or

(iv) supply and disclosure in accordance with paragraphs (3) to (6); and

(b) in the case of a body falling within sub paragraph (d) of paragraph (1), except for the purpose of the vetting of any person where such vetting is for the purpose of safeguarding national security.

(5) In paragraph (3), after “government department” insert “, other than one mentioned in regulation 108(1)(g) to (i),”.

Section 22 Amendment to provision regarding supply of register to processor

(1) Regulation 114(2) of the 2001 Regulations shall be amended as follows.

(2) After “obtained” in the first place where it occurs, insert “or is entitled to obtain”.

(3) For “113 or 114” substitute “112 or 113”.

Section 23 Amendment to provision for offences in respect of contravention of Part VI of the 2001 Regulations

For regulation 115(2) of the 2001 Regulations substitute–

(2) Those provisions are regulations 94(3), 95(2), 96(2), (4) and (6), 97(7), 97A(3), 98(3), (5) and (7), 99(3) and (5), 100(5), 102(3), 103(3), 104(4), 105(3), 106(3) and (6), 107(5), 108(3), 108A(6), (8) and (10), 111(4) and (5), 112(5) and (6) and 114(4).