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

Closing date for applications S

11.—(1) An application under paragraph 3(1), (6) or (7) (absent vote at elections for definite or indefinite period) or 7(4) (voting as proxy) of Schedule 4 shall be disregarded for the purposes of a particular local government election and an application under paragraph 4(3) (absent vote at particular election – different address or proxy vote) of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the eleventh day before the date of the poll at that election.

(2) [F1 Subject to paragraphs (4A) and (4B), an application] under paragraph 3(2) (absent vote at elections for definite or indefinite period – proxy vote) or 6(7) (proxies at elections) of Schedule 4 shall be disregarded for the purposes of a particular local government election if it is received by the registration officer after 5 p.m. on the sixth day before the date of the poll at that election.

(3) [F2 Subject to paragraphs (4), (4A) and (4B)], an application under paragraph 4(2) (absent vote at particular election by proxy) or 6(8) (proxies at elections) of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the sixth day before the date of the poll at the election for which it is made.

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

(a) on the grounds of the applicant’s disability and the applicant became disabled after 5 p.m. on the sixth day before the date of the poll at the election for which it is made; [F3 or]

[F4 (aa) on grounds relating to the applicant’s occupation, service or employment and the applicant became aware of those grounds after 5 p.m. on the sixth day before the date of the poll at the election for which it is made;] [F5 or]

[F6 (aaa) on grounds of the applicant’s disability where—

(i) the applicant became disabled before 5 p.m. on the sixth day before the poll at the election for which it is made; and

(ii) by virtue of that disability, the applicant could not reasonably be expected to have made an application before 5 p.m. on the sixth day before that poll;]

[F7 (ab) on grounds that the applicant’s circumstances on the date of the poll will be or are likely to be such that:

(i) the applicant cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to the applicant under the appropriate rules as a result of following Scottish Government advice or the advice of a registered medical practitioner in relation to coronavirus; and

(ii) the applicant became aware of this after 5 p.m. on the sixth day before the date of the poll at the election for which it is made;]

(b) by a person to whom paragraph 2(5B) (manner of voting at parliamentary or local government elections) of that Schedule applies,

[F8 (c) by a person to whom section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies,]

the application, or an application under paragraph 6(8) of that Schedule made by virtue of that application, shall be refused if it is received after 5 p.m. on the day of the poll at the election for which it is made.

[F9 (4A) Paragraph (4B) applies to an application by an elector under paragraph 6 of schedule 4 for an alternative person to be appointed as their proxy where—

(a) the proxy currently appointed for the elector is not entitled to vote by post at the election, and

(b) the circumstances of the proxy on the date of the poll will, or are likely to, be such that they cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to the elector.

(4B) An application to which this paragraph applies must be refused where the application is received after 5 p.m. on the day of the poll at the election for which it is made.]

(5) An application under paragraph 4(1) (absent vote at particular election – by post) or 7(7) (voting as proxy – different address) of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the eleventh day before the date of the poll at the election for which it is made.

(6) An application under–

(a) paragraph 3(5)(a) (absent vote at elections for definite or indefinite period) of Schedule 4 by an elector to be removed from the record kept under paragraph 3(4) of that Schedule, or

(b) paragraph 7(9)(a) (voting as proxy) of Schedule 4 by a proxy to be removed from the record kept under paragraph 7(6) of that Schedule,

and a notice under paragraph 6(10) (proxies at elections) of that Schedule by an elector cancelling a proxy’s appointment shall be disregarded for the purposes of a particular local government election if it is received by the registration officer after 5 p.m. on the eleventh day before the date of the poll at that election.

(7) In computing a period of days for the purposes of this regulation, Saturday, Sunday, Christmas Eve, Christmas Day, Good Friday, Easter Monday or a bank holiday shall be disregarded.

(8) In paragraph (7) “bank holiday” means a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971(1).

Textual Amendments

F1 Words in reg. 11(2) substituted (30.10.2021) by The Representation of the People (Absent Voting at Local Government Elections) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/317), regs. 1(1), 5(2) (with reg. 1(2))

F2 Words in reg. 11(3) substituted (30.10.2021) by The Representation of the People (Absent Voting at Local Government Elections) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/317), regs. 1(1), 5(3) (with reg. 1(2))

F3 Word in reg. 11(4)(a) omitted (temp.) (23.9.2020) by virtue of The Representation of the People (Absent Voting at Local Government Elections) (Amendment) (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/240), regs. 1(1), 3(a) (with reg. 5)

F4 Reg. 11(4)(aa) inserted (23.4.2017) by The Representation of the People (Absent Voting at Local Government Elections) (Scotland) Amendment Regulations 2017 (S.S.I. 2017/64), regs. 1, 2

F5 Word in reg. 11(4)(aa) inserted (temp.) (23.9.2020) by virtue of The Representation of the People (Absent Voting at Local Government Elections) (Amendment) (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/240), regs. 1(1), 3(b) (with reg. 5)

F6 Reg. 11(4)(aaa) inserted (30.10.2021) by The Representation of the People (Absent Voting at Local Government Elections) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/317), regs. 1(1), 3(2) (with reg. 1(2))

F7 Reg. 11(4)(ab) inserted (temp.) (23.9.2020) by virtue of The Representation of the People (Absent Voting at Local Government Elections) (Amendment) (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/240), regs. 1(1), 3(c) (with reg. 5)

F8 Reg. 11(4)(c) inserted (30.10.2021) by The Representation of the People (Absent Voting at Local Government Elections) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/317), regs. 1(1), 6(2) (with reg. 1(2))

F9 Reg. 11(4A)(4B) inserted (30.10.2021) by The Representation of the People (Absent Voting at Local Government Elections) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/317), regs. 1(1), 5(4) (with reg. 1(2))

Commencement Information

I1 Reg. 11 in force at 2.5.2007, see reg. 1(2)

(1)

1971 c. 80.