Referendums (Scotland) Act 2020

Additional requirements as to certain applications to vote by proxy

8 (1) Sub-paragraphs (3) to (7) apply in relation to an application to vote by proxy made as described in paragraph 7(9)(a)(i).

(2) Sub-paragraphs (4) to (7) apply in relation to an application to vote by proxy made as described in paragraph 7(9)(a)(ii).

(3) The application must contain a statement of the reasons why the applicant did not apply before the cut-off date.

(4) The application must contain a statement of the date on which the applicant became aware of the reasons given in the statement required by paragraph 7(4)(c).

(5) Where the application is made on or after the fifth day before the date of the referendum, the application must be signed by a person who—

(a) is aged 16 or over,

(b) knows the applicant, and

(c) is not related to the applicant.

(6) The person who signs the application in accordance with sub-paragraph (5) must certify in the application that the following information is true to the best of the person’s knowledge and belief—

(a) the information given in the statement required by sub-paragraph (4), and

(b) the reasons given in the statement required by paragraph 7(4)(c).

(7) That person must also state in the application—

(a) the person’s name and address,

(b) that the person—

(i) is aged 16 or over,

(ii) knows the applicant, and

(iii) is not related to the applicant.

(8) Sub-paragraphs (10) to (13) apply in relation to an application to vote by proxy made as described in paragraph 7(9)(a)(iii).

(9) But sub-paragraphs (11) to (13) do not apply if the applicant is or will be registered as a service voter.

(10) The application must contain a statement of—

(a) where the applicant is an employee, the name of the applicant’s employer,

(b) where the applicant is not an employee, details of the applicant’s occupation or service,

(c) the date on which the applicant became aware of the reasons given in the statement required by paragraph 7(4)(c).

(11) Where the application is made on or after the fifth day before the date of the referendum, the application must be signed—

(a) where the applicant is an employee, by—

(i) the applicant’s employer, or

(ii) another employee to whom this function is delegated by the employer,

(b) where the applicant is not an employee, by a person who—

(i) is aged 16 or over,

(ii) knows the applicant, and

(iii) is not related to the applicant.

(12) The person who signs the application in accordance with sub-paragraph (11) must certify in the application that the following information is true to the best of the person’s knowledge and belief—

(a) the information given in the statement required by sub-paragraph (10), and

(b) the reasons given in the statement required by paragraph 7(4)(c).

(13) That person must also state in the application—

(a) the person’s name and address,

(b) if the applicant is an employee, either (as the case may be)—

(i) that the person is the applicant’s employer, or

(ii) the position that the person holds in the employment of the applicant’s employer,

(c) if the applicant is not an employee, that the person—

(i) is aged 16 or over,

(ii) knows the applicant, and

(iii) is not related to the applicant.

(14) For the purposes of this paragraph—

(a) a person (“A”) is related to another person (“B”) if A is the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of B,

(b) a person is registered as a service voter if the person has made a service declaration under section 15 of the 1983 Act and is registered in the register of local government electors in pursuance of it.

(15) For the purposes of sub-paragraphs (5) and (11), the following days are to be disregarded—

(a) a Saturday or Sunday,

(b) Christmas Eve, Christmas Day or Easter Monday,

(c) a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971,

(d) a day appointed for public thanksgiving or mourning.