The Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007

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

10.—(1) An application under paragraph 4(2) (absent vote at particular election) of Schedule 4 to vote by proxy at a particular election must 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 the applicant cannot reasonably be expected to vote in person at the allotted polling station.

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

(a) on the grounds of the applicant’s disability; and

(b) 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 8 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 must state, in addition to those matters specified in regulation 8, to the best of his or her knowledge and belief, the date upon which the applicant became disabled.

[F1 (3A) Paragraph (3B) applies where—

(a) an application under paragraph 4(2) of Schedule 4 is made in the circumstances described in paragraph (2), and

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

(3B) Where this paragraph applies, the application must state the reasons why the applicant was unable to make the application before 5 p.m. on the sixth day before the date of the poll at the election for which it was made.]

(4) Where an application under paragraph 4(2) of Schedule 4 is made by a person to whom paragraph 2(5B) (manner of voting at parliamentary or local government elections) of that Schedule applies after 5 p.m. on the sixth day before the date of the poll at the election for which it is made, the requirements of paragraph (5) below as to the matters to be specified and as to attestation shall apply.

(5) Where an application mentioned in paragraph (4) is made the application must–

(a) state the name and address of the hospital at which the applicant is liable to be detained;

(b) be attested by or on behalf of the manager responsible for the administration of the hospital within the meaning of section 329(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 at which the applicant is liable to be detained, and the attestation shall state–

(i) the name of the person attesting the application;

(ii) that person’s position in the hospital at which the applicant is liable to be detained;

(iii) that he or she is a person authorised to make the attestation; and

(iv) the statutory provision under which the applicant is liable to be detained in the hospital.

[F2 (5A) Where an application under paragraph 4(2) of Schedule 4 is made on grounds relating to the applicant’s occupation, service or employment and it is made after 5pm on the sixth day before the date of a poll at the election for which it is made—

(a) the application must, in addition to providing the information required by paragraph (1), state—

(i) where the applicant is self-employed, that fact, and, in any other case, the name of the applicant’s employer;

(ii) that the reason provided in accordance with paragraph (1) relates to the applicant’s occupation, service or employment; and

(iii) the date on which the applicant became aware of that reason; and

(b) the application must be attested in accordance with paragraphs (5B) to (5D), unless the applicant is or will be registered as a service voter.

(5B) An application to which paragraph (5A) applies must be attested and signed—

(a) where the applicant is self-employed, by a person who—

(i) is aged 16 years or over;

(ii) knows the applicant; and

(iii) is not related to the applicant;

(b) where the applicant is not self-employed, by the applicant’s employer or by another employee to whom this function is delegated by the employer.

(5C) The person (“P”) attesting an application under paragraph (5B) must certify that the statements required by paragraph (5A)(a) and the information required by paragraph (1) are true to the best of P’s knowledge and belief.

(5D) P shall also state—

(a) P’s name and address;

(b) where the applicant is self-employed, that fact and that P is aged 16 years or over and that P knows, but is not related to, the applicant; and

(c) where the applicant is not self-employed, that P is the applicant’s employer or the position P holds in the employment of P’s employer.]

[F3 (5E) Where an application under paragraph 4(2) of Schedule 4 is made on grounds relating to the applicant’s detention in a penal institution, the application must state the name of the penal institution at which the applicant is detained.]

(6) This regulation does not apply where an applicant has an anonymous entry.

Textual Amendments

F1 Reg. 10(3A)(3B) inserted (30.10.2021) by The Representation of the People (Absent Voting at Local Government Elections) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/317), regs. 1(1), 3(1) (with reg. 1(2))

F2 Reg. 10(5A)-(5D) inserted (1.12.2016) by The Representation of the People (Absent Voting at Local Government Elections) (Scotland) Amendment (No. 2) Regulations 2016 (S.S.I. 2016/264), regs. 1(1), 3 (with reg. 1(2))

F3 Reg. 10(5E) substituted for reg. 10(5E)(5F) (30.10.2021) by The Representation of the People (Absent Voting at Local Government Elections) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/317), regs. 1(1), 6(1) (with reg. 1(2))

Commencement Information

I1 Reg. 10 in force at 2.5.2007, see reg. 1(2)