The Representation of the People (England and Wales) Regulations 2001

Changes over time for: Section 53

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Additional requirements for applications for a proxy vote for a definite or indefinite period on grounds of [F1[F2severe sight-impairment] or any other disability] E+W

53.—(1) An application to vote by proxy for a [F3particular] or indefinite period under paragraph 3(3)(b) of Schedule 4 shall specify [F4the disability] by reason of which it is made.

[F5(2) Subject to paragraph (3) below, such an application shall 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 by virtue of qualifications in nursing;

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

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

[F6(e)a registered pharmacist as defined by article 3(1) of the Pharmacy Order 2010;]

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

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

(h)a Christian Science practitioner;

F7(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)a person registered as a member of a profession to which the [F8Health Professions Order 2001 for the time being extends, or registered in the register of social workers in England maintained under section 39(1) of the Children and Social Work Act 2017];

(k)the person carrying on a care home registered under Part 2 of the Care Standards Act 2000;

[F9(ka)the person who is registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 as the provider of a care home service (within the meaning of Part 1 of that Act) which is provided wholly or mainly to persons aged 18 or over;]

(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 he resides in such premises;

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

(n)a person registered in the register for social workers maintained in accordance with [F10section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016].

(3) A person who qualifies—

(a)by virtue of any of sub-paragraphs (a) to (j) of paragraph (2) above, may not attest an application for these purposes unless—

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

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

[F11(iii)the person is a social worker who qualifies by virtue of sub-paragraph (j) of paragraph (2), and has arranged care or assistance for the applicant in respect of that disability; or]

(b)by virtue of sub-paragraph (n) of paragraph (2) above, may not attest an application for these purposes unless—

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

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

(iii)he has arranged care or assistance for the person in respect of their disability.

(4) The person attesting the application shall state—

(a)his name and address and the qualification by virtue of which he attests the application;

(b)where the person who attests the application is a person referred to in paragraph (3)(a) above, that—

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

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

(c)where the person who attests the application is a person referred to in paragraph (3)(b) above, that—

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

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

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

(d)that, to the best of his knowledge and belief, the applicant has the disability 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 disability; and

(e)that, to the best of his 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) Paragraphs (2) to (4) above shall not apply where—

(a)the application is based on the applicant’s [F12severe sight-impairment] and the applicant is registered [F13by the local authority which is specified in the application as—

[F14(i)a severely sight-impaired person in a register kept by a local authority in Wales under section 18(1) of the Social Services and Well-being (Wales) Act 2014; or]

(ii)a person who is severely sight-impaired under section 77(1) of the Care Act 2014 (registers of sight-impaired adults); 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(1)) [F15, armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011] [F16[F17,] the enhanced rate of the mobility component of personal independence payment (payable under section 79(2) of the Welfare Reform Act 2012)] [F18or the higher rate of the mobility component of disability assistance for children and young people [F19or the enhanced rate of the mobility component of disability assistance for working age people] (payable in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018)] because of the [F20disability] specified in the application.

[F21(5A) A person who qualifies by virtue of sub-paragraph (m) of paragraph (2) above, shall, instead of the matters specified in paragraph (4)(a) above, state in the attestation—

(i)his name;

(ii)his position in the hospital at which the applicant is liable to be detained or at which he is receiving treatment;

(iii)that he is a person authorised to make the attestation; and

(iv)in the case of an applicant who is liable to be detained in hospital, the statutory provision under which the applicant is liable to be so detained.]

(6) The fact that an applicant is registered F22... [F23as severely sight-impaired by a local authority under section 77(1) of the Care Act 2014 (registers of sight-impaired adults)] [F24or in a register kept by a local authority in Wales under section 18(1) of the Social Services and Well-being (Wales) Act 2014] 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

F1Words in reg. 53 heading substituted (1.1.2007) by The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2910), regs. 1(1), 42(2)

F2Words in reg. 53 heading substituted (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. 37

F3Word in reg. 53(1) substituted (5.5.2001) by The Representation of the People (England and Wales) (Amendment) Regulations 2001 (S.I. 2001/1700), regs. 1(1), 5

F4Words in reg. 53(1) substituted (1.1.2007) by The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2910), regs. 1(1), 42(3)

F5Reg. 53(2)-(4) substituted (1.1.2007) by The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2910), regs. 1(1), 42(4)

F6Reg. 53(2)(e) substituted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 31 (with Sch. 5); S.I. 2010/1621, art. 2(1), Sch.

F7Reg. 53(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. 2; S.I. 2009/1357, art. 2(1)(c)

F8Words in reg. 53(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. 3; S.I. 2019/1436, reg. 2(b)

F9Reg. 53(2)(ka) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2018 (S.I. 2018/48), reg. 1(2), Sch. 1 para. 6(2)

F10Words in reg. 53(2)(n) substituted (3.4.2017) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/52), reg. 1(2), Sch. 1 para. 2(2)

F11Reg. 53(3)(a)(iii) added (1.8.2012) by The Health and Social Care Act 2012 (Consequential Provision—Social Workers) Order 2012 (S.I. 2012/1479), art. 1(2), Sch. para. 19(b)