The Police and Crime Commissioner Elections Order 2012

Additional requirements for certain applications U.K.

Additional requirements: applications where address for ballot papers differs from address in application U.K.

12.—(1) Sub-paragraph (2) applies where—

(a) in the case of an application to vote by post under paragraph 3(1), the addresses stated in accordance with paragraph 11(1)(b) and (d) are different;

(b) in the case of an application by a proxy to vote by post under paragraph 7(4), the proxy's address stated in accordance with paragraph 11(1)(c) and the address stated in accordance with paragraph 11(1)(d) are different.

(2) The application must set out why the applicant's circumstances will be or are likely to be such that the applicant requires the ballot paper to be sent to the address stated in accordance with paragraph 11(1)(d).

(3) Sub-paragraph (2) does not apply where an applicant has, or has applied for, an anonymous entry.

Additional requirements: applications for ballot papers to be sent to different address from address in record U.K.

13.—(1) Sub-paragraph (2) applies to an application—

(a) under paragraph 3(5)(a) of this Schedule by a person shown as voting by post in the record kept under paragraph 3 of Schedule 4 to the Representation of the People Act 2000 or paragraph 3 of Schedule 2 to the European Parliamentary Elections Regulations 2004, or

(b) under paragraph 7(6) of this Schedule by a person shown as voting by post in the record kept under paragraph 7(6) of Schedule 4 to the Representation of the People Act 2000 or paragraph 7(6) of Schedule 2 to the European Parliamentary Elections Regulations 2004,

for the ballot paper to be sent to a different address from that shown in the record.

(2) The application must set out why the applicant's circumstances will be or are likely to be such that the applicant requires the ballot paper to be sent to that address.

(3) Sub-paragraph (2) does not apply where an applicant has, or has applied for, an anonymous entry.

Additional requirements: applications for the appointment of a proxy in respect of a particular PCC election U.K.

14.—(1) Sub-paragraph (2) applies to an application for the appointment of a proxy under paragraph 3.

(2) The application must state the full name and address of the person whom the applicant (“P”) wishes to appoint as proxy, together with the person's family relationship (if any) with P and—

(a) if it is signed only by P, must contain a statement that P has consulted the person so named and that that person is capable of being and willing to be appointed to vote as P's proxy, or

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

(3) The application must set out why the applicant's circumstances on the date of the poll for the 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 applicant's allotted polling station.

(4) Where an application under [F1 paragraph 3(2)]—

(a) is made on the grounds of the applicant's disability, and

(b) is made after 5 pm on the sixth day before the date of the poll at the PCC election for which it is made,

the requirements of paragraph 15 apply to the matters to be specified and as to the attestation.

(5) Where an application mentioned in sub-paragraph (4) is made, the person attesting the application must state, in addition to the matters specified in paragraph 15, to the best of the attestor's knowledge and belief, the date upon which the applicant became disabled.

[F2 (5A) Where an application under paragraph 3(2)—

(a) is made on grounds relating to the applicant’s occupation, service or employment; and

(b) is made after 5 p.m. on the sixth day before the date of the poll at the PCC election for which it is made,

the requirements of paragraph 15A apply to the matters to be specified and as to attestation.]

(6) Where an application under [F3 paragraph 3(2)] is made by a person to whom paragraph 1(6) applies after 5pm on the sixth day before the date of the poll at the election for which it is made, the requirements of sub-paragraph (7) apply to the matters to be specified and as to attestation.

(7) Where an application mentioned in sub-paragraph (6) is made—

(a) the application must additionally state the name and address of the hospital at which the applicant is liable to be detained, and

(b) the application must be attested by or on behalf of a manager, within the meaning of section 145(1) of the Mental Health Act 1983 M1 , of the hospital at which the applicant is liable to be detained, and the attestation must state—

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

(ii) that the person is authorised to make the attestation,

(iii) the person's position in the hospital at which the applicant is liable to be detained, and

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

(8) This paragraph does not apply where an applicant has an anonymous entry.

(9) In this paragraph and in paragraph 15, references to an “allotted polling station”, in relation to an elector, are to the polling station to which the elector is, or is likely to be, allotted under the PCC elections rules.

Textual Amendments

F1 Words in Sch. 2 para. 14(4) substituted (6.4.2014) by The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 11(2) (with art. 1(5))

F2 Sch. 2 para. 14(5A) inserted (6.4.2014) by The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 11(3) (with art. 1(5))

F3 Words in Sch. 2 para. 14(6) substituted (6.4.2014) by The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 11(4) (with art. 1(5))

Marginal Citations

M1 1983. c.20. The definition of “managers” was amended by paragraph 24(9) of Schedule 9 to the National Health Service and Community Care Act 1990 (c.19), section 1 of the Mental Health (Amendment) Act 1994 (c.6), paragraph 107(14) of Schedule 1 to the Health Authorities Act 1995 (c.17), Schedule 5 to the Health Act 1999 (c.8), paragraphs 42 and 49 of Schedule 2 to the National Health Service Reform and Health Care Professions Act 2002 (c.17), paragraphs 50 and 57 of Schedule 4 to the Health and Social Care (Community Health and Standards) Act 2003 (c.43), paragraphs 62 and 70(d) of Schedule 1 to the National Health Service (Consequential Provisions) Act 2006 and section 46(1)and (3)(b) of the Mental Health Act 2007 (c.12); and by S.I. 2000/90 2002/2469, 2007/961 and 2010/813.

Additional requirements referred to in paragraph 14(4) U.K.

15.—(1) This paragraph applies to an application to vote by proxy which is made in the circumstances set out in paragraph 14(4).

(2) The application must specify the disability by reason of which it is made and must be attested and signed by—

(a) a registered medical practitioner,

(b) a registered nurse,

(c) a registered dentist as defined by section 53(1) of the Dentists Act 1984 M2 ,

(d) a registered dispensing optician or a registered optometrist within the meaning of the Opticians Act 1989 M3 ,

(e) a registered pharmacist as defined in article 3(1) of the Pharmacy Order 2010 M4 ,

(f) a registered osteopath as defined by section 41 of the Osteopaths Act 1993 M5 ,

(g) a registered chiropractor as defined by section 43 of the Chiropractors Act 1994 M6 ,

(h) a Christian Science practitioner,

(i) a person registered as a member of a profession to which the Health Professions Order 2002 M7 for the time being extends,

(j) the person carrying on a care home registered under Part 2 of the Care Standards Act 2000 M8 where the applicant states that he or she is resident in that care home,

(k) 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 he or she is resident in the premises where the warden works,

(l) a manager within the meaning of section 145(1) of the Mental Health Act 1983 (interpretation), or on behalf of such a manager, or

(m) a person registered in the register for social workers maintained in accordance with section 56 of the Care Standards Act 2000 M9 .

(3) A person who qualifies—

(a) by virtue of any of paragraphs (a) to (i) of sub-paragraph (2), 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, or

(b) by virtue of paragraph (m) of sub-paragraph (2), 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 or assistance for the applicant in respect of that disability.

(4) The person (“A”) attesting the application must state—

(a) A's name and address and the qualification by virtue of which A attests the application;

(b) where A is a person referred to in sub-paragraph (3)(a), that—

(i) A is treating the applicant for the disability specified in the application, or

(ii) the applicant is receiving care from A in respect of that disability,

(c) where A is a person referred to in sub-paragraph (3)(b), that—

(i) A is treating the applicant for the disability specified in the application,

(ii) the applicant is receiving care from A in respect of that disability, or

(iii) A has arranged care or assistance for the applicant in respect of that disability,

(d) that, to the best of A'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 A's knowledge and belief, the disability specified in the application is likely to continue either indefinitely or for a period specified by A.

(5) Where A is a person referred to in sub-paragraph (2)(l), A must (instead of the matters specified in sub-paragraph (4)(a)) state in the attestation—

(a) A's name,

(b) that A is authorised to attest the application,

(c) A's position in the hospital at which the applicant is liable to be detained or is receiving treatment, and

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

(6) Sub-paragraphs (2) to (5) do not apply where—

(a) the application is based on the applicant's [F4 severe sight-impairment] and the applicant is registered [F5 by the local authority which is specified in the application as—

(i) a blind person under section 29(4)(g) of the National Assistance Act 1948; or

(ii) a person who is severely sight-impaired under section 77(1) of the Care Act 2014 (registers of sight-impaired adults),]

(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) because of the disability specified in the application[F6 , F7 ...

(c) the application states that the applicant is in receipt of the enhanced rate of the mobility component of personal independence payment (payable under section 79(2) of the Welfare Reform Act 2012) because of the disability specified in the application][F8 , or

(d) the application states that the applicant is in receipt of armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 because of the disability specified in the application.].

(7) The fact that an applicant is registered F9 ... [F10 as severely sight-impaired by a local authority under section 77(1) of the Care Act 2014 (registers of sight-impaired adults)] [F11 or in a register kept by a local authority in Wales under section 18(1) of the Social Services and Well-being (Wales) Act 2014] is sufficient evidence that the applicant is eligible to vote by proxy on the grounds set out in paragraph 3(3)(c).

Textual Amendments

F4 Words in Sch. 2 para. 15(6)(a) substituted (E.W.) (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 128(2)

F5 Words in Sch. 2 para. 15(6)(a) substituted (1.4.2015) by The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 34(a) (with art. 4)

F6 Sch. 2 para. 15(6)(c) and preceding word inserted (6.5.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 3, Sch. para. 49(b)

F7 Word in Sch. 2 para. 15(6)(b) omitted (6.5.2013) by virtue of The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(3)(e), Sch. para. 46(2)(a)

F8 Sch. 2 para. 15(6)(d) and preceding word inserted (6.5.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(3)(e), Sch. para. 46(2)(b)

F9 Words in Sch. 2 para. 15(7) omitted (E.W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 128(3)(a)

F10 Words in Sch. 2 para. 15(7) inserted (1.4.2015) by The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 34(b) (with art. 4)

F11 Words in Sch. 2 para. 15(7) inserted (E.W.) (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 128(3)(b)

Marginal Citations

M2 1984 c.24.

M3 1989 c.44, as amended by S.I. 2005/848.

M4 S.I. 2010/231.

M5 1993 c.21.

M6 1994 c.17.

M7 S.I. 2002/254.

M8 2000 c.14.

M9 Section 56 has been amended by SI 2007/3101.

[F12 Additional requirements referred to in paragraph 14(5A) U.K.

15A.— (1) This paragraph applies to an application to vote by proxy which is made in the circumstances set out in paragraph 14(5A).

(2) The application must (in addition to providing the information required by paragraph 14(2) and (3)) state—

(a) where the applicant is self-employed, that fact;

(b) where the applicant is employed, the name of the applicant’s employer;

(c) that the reason provided in accordance with paragraph 14(3) relates to the applicant’s occupation, service or employment; and

(d) the date on which the applicant became aware of that reason.

(3) Sub-paragraphs (4), (5) and (6) apply unless the applicant is or will be registered as a service voter.

(4) The application must be attested and signed—

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

(i) is aged 18 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.

(5) The person attesting an application under sub-paragraph (4) (the “attestor”) must certify that the statements required by sub-paragraph (2) and the information required by paragraph 14(3) are true to the best of the attestor’s knowledge and belief.

(6) The attestor must also state—

(a) the attestor’s name and address; and

(b) if the attestor is attesting where the applicant is self-employed, that the attestor is aged 18 years or over, and that the attestor knows, but is not related to, the applicant; or

(c) if the attestor is attesting as or on behalf of the employer of the applicant, that the attestor is the employer or the position the attestor holds in the employment of that employer.

(7) For the purposes of this paragraph—

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

(b) “service voter” means a person who has made a service declaration in accordance with section 15 of the 1983 Act and is registered or entitled to be registered in pursuance of it.]

Textual Amendments

F12 Sch. 2 para. 15A inserted (6.4.2014) by The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 12 (with art. 1(5))