Representation of the People (Scotland) Regulations 2001

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

53.—(1) An application to vote by proxy for a particular or indefinite period under paragraph 3(3)(b) of Schedule 4 shall specify the physical incapacity by reason of which it is made.

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

(a) a registered medical practitioner;

[F1 (b) a nurse registered on the register maintained by the Nursing and Midwifery Council pursuant to paragraph 10 of the Nursing and Midwifery Order 2001 by virtue of qualifications in nursing;]

(c) a Christian Science practitioner;

(d) the person registered under section 61 of the Social Work (Scotland) Act 1968(1) as carrying on a residential care home within the meaning of section 1 of that Act, where the applicant states that he is resident in such a home;

(e) the matron or other person in charge of residential accommodation provided by a local authority under section 59(2) of the Social Work (Scotland) Act 1968, where the applicant states that he is resident in such accommodation; or

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

(3) A person who qualifies by virtue of sub paragraph (a), (b) or (c) of paragraph (2) above, may not attest an application for this purpose unless he is treating the applicant for the physical incapacity specified in the application or the applicant is receiving care from him in respect of that incapacity.

(4) The person attesting the application shall state–

(a) his name and address and the qualification by virtue of which he attests the application, and where the person who attests the application is a person referred to in paragraph (3) above, that he is treating the applicant for the physical incapacity specified in the application or the applicant is receiving care from him in respect of that incapacity;

(b) that, to the best of his knowledge and belief, the applicant is suffering from the physical incapacity specified in the application and that he cannot reasonably be expected to go in person to his allotted polling station or to vote unaided there by reason of that incapacity; and

(c) that, to the best of his knowledge and belief, the physical incapacity specified in the application is likely to continue either indefinitely or for a period specified by the person attesting the application.

(5) Paragraphs (2) to (4) above shall not apply where–

(a) the application is based on the applicant’s blindness and the applicant is registered as a blind person by the local authority which is specified in the application; or

(b) the application states that 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(2)) because of the physical incapacity specified in the application.

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

(7) In this regulation and in regulations 54 and 55 below, “his allotted polling station” in relation to an elector means the polling station allotted or likely to be allotted to him under the appropriate rules (as defined in paragraph 1 of Schedule 4).

Textual Amendments

F1 Reg. 53(2)(b) substituted (17.4.2002) by The Nursing and Midwifery Order 2001 (Consequential Amendments) Order 2002 (S.I. 2002/881), art. 1, Sch. para. 23

Commencement Information

I1 Reg. 53 in force at 16.2.2001, see reg. 1(1)

(1)

1968 c. 49.

(2)

1992 c. 4.