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

Additional requirements for applications for a proxy vote for a particular or indefinite period on grounds of blindness or other disability S

8.—(1) An application to vote by proxy for a particular or indefinite period under paragraph 3(3)(b) (absent vote at elections for definite or indefinite period – blindness or physical incapacity) of Schedule 4 shall specify the disability by reason of which it is made.

(2) Subject to paragraph (3) below, such an application must be attested and signed by–

(a) a registered medical practitioner;

(b) a nurse registered on the register maintained by the Nursing and Midwifery Council under article 5 of the Nursing and Midwifery Order 2001(1) by virtue of qualifications in nursing;

(c) a registered dentist as defined by section 53(1) of the Dentists Act 1984(2);

(d) a registered dispensing optician or a registered optometrist within the meaning of the Opticians Act 1989(3);

[F1 (e) a registered pharmacist as defined in article 3(1) of the Pharmacists and Pharmacy Technicians Order 2007;]

(f) a registered osteopath as defined by section 41 of the Osteopaths Act 1993(4);

(g) a registered chiropractor as defined by section 43 of the Chiropractors Act 1994(5);

(h) a Christian Science practitioner;

F2 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) a person registered as a member of a profession to which the [F3 Health Professions Order 2001 for the time being extends];

(k) the person carrying on a care home registered under [F4 Part 5 of the Public Services Reform (Scotland) Act 2010];

(l) the warden of premises forming one of a group of premises provided for persons of pensionable age or disabled persons for which there is a resident warden, where the applicant states that the applicant resides in such premises;

(m) a manager (or a person on behalf of a manager) within the meaning of section 329(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003(6) responsible for the administration of a hospital within the meaning of Part 2 of that Act; or

(n) a person registered as a social worker in the register maintained in accordance with section 44 of the Regulation of Care (Scotland) Act 2001.

(3) A person who qualifies–

(a) by virtue of paragraph (2)(a) to (j), may not attest an application for these purposes unless–

(i) that person is treating the applicant for the disability specified in the application; or

(ii) the applicant is receiving care from that person in respect of that disability;

(b) by virtue of paragraph (2)(n), may not attest an application for these purposes unless–

(i) that person is treating the applicant for the disability specified in the application;

(ii) the applicant is receiving care from that person in respect of that disability; or

(iii) that person has arranged care and assistance for the applicant in respect of their disability.

(4) The person attesting an application under paragraph (2), other than a person attesting by virtue of paragraph (2)(m), must state–

(a) the person’s name and address and the qualification by virtue of which that person attests the application;

(b) where the person who attests the application is a person referred to in paragraph (3)(a), that he or she is treating the applicant for the disability specified in the application or that the applicant is receiving care from that person in respect of that disability;

(c) where the person who attests the application is a person referred to in paragraph (3)(b), that he or she is treating the applicant for the disability specified in the application, that the applicant is receiving care from that person in respect of that disability, or that he or she has arranged care or assistance for the applicant in respect of that disability;

(d) that, to the best of the person’s knowledge and belief, the applicant has the disability specified in the application and that the applicant cannot reasonably be expected to go in person to the allotted polling station or to vote unaided there by reason of that disability; and

(e) that, to the best of the person’s knowledge and belief, the disability specified in the application is likely to continue either indefinitely or for a period specified by the person attesting the application.

(5) A manager (or a person on behalf of a manager) attesting an application under paragraph (2)(m) must state–

(a) the name and address of the manager attesting the application;

(b) that the manager is authorised to attest the application;

(c) the position of the manager in the hospital at which the applicant is liable to be detained or at which the applicant is receiving treatment;

(d) the statutory provision under which the applicant is detained, or is liable to be detained, at the hospital, where applicable;

(e) that, to the best of the manager’s knowledge and belief, the applicant has the disability specified in the application and that the applicant cannot reasonably be expected to go in person to the allotted polling station or to vote unaided there by reason of that disability; and

(f) that to the best of the manager’s knowledge and belief, the disability specified in the application is likely to continue either indefinitely or for a period specified by the manager attesting the application.

(6) Paragraphs (2) to (5) above shall not apply where–

(a) the application is based on the applicant’s blindness; F5 ...

[F6 (aa) the applicant is in receipt of the higher rate of the mobility component of child disability payment (payable in accordance with regulation 13 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021), or short-term assistance (payable in accordance with Part 1 of the schedule (short-term assistance) of those Regulations) where the “earlier determination” referred to in paragraph 1(1)(a) of that schedule awarded the higher rate of the mobility component of child disability payment because of the disability specified in the application and makes a statement to that effect in the application, F7 ...]

[F8 (ab) the applicant is in receipt of the enhanced rate of the mobility component of adult disability payment (payable in accordance with regulation 6 (mobility component) of the Disability Assistance for Working Age People (Scotland) Regulations 2022), or short-term assistance (payable in accordance with Part 1 of schedule 2 (short-term assistance) of those Regulations) where the “earlier determination” referred to in paragraph 1(1)(a) of that schedule awarded the enhanced rate of the mobility component of adult disability payment because of the disability specified in the application and makes a statement to that effect in the application, or]

(b) the applicant is in receipt of the higher rate of the mobility component of a disability living allowance (payable under section 73 of the Social Security Contributions and Benefits Act 1992) [F9 , the enhanced rate of the mobility component of personal independence payment (payable under section 79(2) of the Welfare Reform Act 2012) or armed forces independence payment (under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011)] because of the disability specified in the application and makes a statement to that effect in the application.

(7) The fact that an applicant is registered with the local authority shall be deemed sufficient evidence that the applicant is eligible to vote by proxy on the grounds set out in paragraph 3(3)(b) of Schedule 4.

Textual Amendments

F1 Reg. 8(2)(e) substituted (14.5.2009) by The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(2)(e), Sch. 4 para. 43

F2 Reg. 8(2)(i) omitted (1.7.2009) by virtue of The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(9), Sch. 4 para. 17; S.I. 2009/1357, art. 2(1)(c)

F3 Words in reg. 8(2)(j) substituted (2.12.2019) by The Children and Social Work Act 2017 (Consequential Amendments) (Social Workers) Regulations 2019 (S.I. 2019/1094), reg. 1, Sch. 3 para. 15; S.I. 2019/1436, reg. 2(b)

F4 Words in reg. 8(2)(k) substituted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 1 para. 40

F5 Word in reg. 8(6)(a) omitted (26.7.2021) by virtue of The Disability Assistance for Children and Young People (Consequential Amendment and Transitional Provision) (Scotland) Regulations 2021 (S.S.I. 2021/73), regs. 1, 12(a) (with reg. 19)

F6 Reg. 8(6)(aa) inserted (26.7.2021) by The Disability Assistance for Children and Young People (Consequential Amendment and Transitional Provision) (Scotland) Regulations 2021 (S.S.I. 2021/73), regs. 1, 12(b) (with reg. 19)

F7 Word in reg. 8(6)(aa) omitted (21.3.2022) by virtue of The Disability Assistance for Working Age People (Consequential and Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/31), regs. 1, 12(a) (with reg. 20)

F8 Reg. 8(6)(ab) inserted (21.3.2022) by The Disability Assistance for Working Age People (Consequential and Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/31), regs. 1, 12(b) (with reg. 20)

F9 Words in reg. 8(6)(b) inserted (11.6.2013) by The Welfare Reform (Consequential Amendments) (Scotland) (No. 3) Regulations 2013 (S.S.I. 2013/142), regs. 1, 10

Commencement Information

I1 Reg. 8 in force at 2.5.2007, see reg. 1(2)

(1)

S.I. 2002/253.

(2)

1984 c. 24.

(3)

1989 c. 44.

(4)

1993 c. 21.

(5)

1994 c. 17.

(6)

2003 asp 13.