Representation of the People (Scotland) Regulations 2001

Additional requirements for applications for the appointment of a proxy S

52.— [F1 (A1) Paragraph (1) applies to an application for the appointment of a proxy for the purposes of voting by proxy at a parliamentary election, where that application is—

(a) included in an application under paragraph 3 or 4 of Schedule 4 in accordance with regulation 51(6), or

(b) otherwise made under paragraph 6(7) [F2 or (8)] of Schedule 4.]

[F3 (1)] An application F4 ... shall state the full name and address of the person whom the applicant wishes to appoint as his proxy, F5 ... and–

(a) if it is signed only by the applicant, shall contain a statement by him that he has consulted the person so named and that that person is capable of being and willing to be appointed to vote as his proxy, and

(b) if it is also signed by the person to be appointed, shall contain a statement by that person that he is capable of being and willing to be appointed to vote as the applicant’s proxy.

[F6 (1ZA) If the application for the appointment of a proxy is for the purposes of voting at a local government election, the application must also state the family relationship if any, of the proxy with the applicant.]

[F7 (1A) Paragraph (1B) applies where—

(a) an application under paragraph 6(7) or (8) of Schedule 4 for the appointment of a proxy for the purposes of voting by proxy at a parliamentary election is made by a person (“A”);

(b) A has previously appointed a person (“B”) as A’s proxy for those purposes;

(c) at the time of making the application, B’s appointment remains in force; and

(d) A’s application is made on grounds relating to voter identification which relate to B.

(1B) Where this paragraph applies A’s application must—

(a) state that this paragraph applies, and

(b) state, to the best of A’s knowledge and belief, which of the conditions set out in regulation 56A apply in respect of B.

(1C) In paragraph (1A)—

(a) in sub-paragraph (a), the reference to an application under paragraph 6(8) of Schedule 4 includes such an application which is included in an application under paragraph 4(2) of Schedule 4;

(b) in sub-paragraph (d), “grounds relating to voter identification” is interpreted in accordance with regulation 56A(1).]

[F8 (2) An application under paragraph 6(7) of Schedule 4 for the appointment of a proxy for the purposes of voting by proxy at a parliamentary election, which is made in the circumstances set out in regulation 56(2B), must state that it is so made.]

Textual Amendments

F1 Reg. 52(A1) inserted (24.3.2021) by The Representation of the People (Proxy Vote Applications) (Coronavirus) Regulations 2021 (S.I. 2021/391), regs. 1(1), 4(2)(b) (with reg. 1(2)(b))

F2 Words in reg. 52(A1)(b) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 39(4)(a) (with reg. 1(6)(7))

F3 Reg. 52 renumbered as reg. 52(1) (24.3.2021) by The Representation of the People (Proxy Vote Applications) (Coronavirus) Regulations 2021 (S.I. 2021/391), regs. 1(1), 4(2)(a) (with reg. 1(2)(b))

F4 Words in reg. 52(1) omitted (24.3.2021) by virtue of The Representation of the People (Proxy Vote Applications) (Coronavirus) Regulations 2021 (S.I. 2021/391), regs. 1(1), 4(2)(c) (with reg. 1(2)(b))

F5 Words in reg. 52(1) omitted (31.10.2023) by virtue of The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 10(4)(a)

F6 Reg. 52(1ZA) inserted (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 10(4)(b)

F7 Reg. 52(1A)-(1C) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 39(4)(b) (with reg. 1(6)(7))

F8 Reg. 52(2) inserted (temp.) (24.3.2021) by virtue of The Representation of the People (Proxy Vote Applications) (Coronavirus) Regulations 2021 (S.I. 2021/391), regs. 1(1), 4(2)(d) (with regs. 1(2)(b), 2)

Modifications etc. (not altering text)

C1 Reg. 52 modified (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 10

Commencement Information

I1 Reg. 52 in force at 16.2.2001, see reg. 1(1)