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

Additional requirements for applications for a proxy vote in respect of a particular election

10.—(1) An application under paragraph 4(2) (absent vote at particular election) of Schedule 4 to vote by proxy at a particular election must set out why the applicant’s circumstances on the date of the poll for that 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 allotted polling station.

(2) Where an application under paragraph 4(2) of Schedule 4 is made–

(a) on the grounds of the applicant’s disability; and

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

the requirements of regulation 8 as to the matters to be specified and the attestation shall apply.

(3) Where an application mentioned in paragraph (2) is made, the person who attests the application must state, in addition to those matters specified in regulation 8, to the best of his or her knowledge and belief, the date upon which the applicant became disabled.

(4) Where an application under paragraph 4(2) of Schedule 4 is made by a person to whom paragraph 2(5B) (manner of voting at parliamentary or local government elections) of that Schedule applies after 5 p.m. on the sixth day before the date of the poll at the election for which it is made, the requirements of paragraph (5) below as to the matters to be specified and as to attestation shall apply.

(5) Where an application mentioned in paragraph (4) is made the application must–

(a) state the name and address of the hospital at which the applicant is liable to be detained;

(b) be attested by or on behalf of the manager responsible for the administration of the hospital within the meaning of section 329(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 at which the applicant is liable to be detained, and the attestation shall state–

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

(ii) that person’s position in the hospital at which the applicant is liable to be detained;

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

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

(6) This regulation does not apply where an applicant has an anonymous entry.