- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Recall of MPs Act 2015 (Recall Petition) Regulations 2016 No. 295
70.—(1) This regulation applies to an application under regulation 54(1) to sign a particular petition by proxy.
(2) The application must set out why the applicant’s circumstances during the signing period for the petition for which it is made will be or are likely to be such that the applicant cannot reasonably be expected to sign the petition in person at the petition signing place allotted or likely to be allotted to the applicant under regulation 16 (allotment of petition signing places).
(3) Except in respect of an application to which paragraph (5) or (7) applies, such an application must be signed and attested by a person who—
(a)is aged 18 years or over;
(b)resides in the United Kingdom;
(c)knows the applicant but is not related to them; and
(d)has not attested under this paragraph any other application in respect of the petition for which the application that person attests is made.
(4) The person (P) attesting an application under paragraph (3) must state—
(a)P’s full name and address,
(b)that P is aged 18 years or over,
(c)that P resides in the United Kingdom,
(d)that P knows the applicant but is not related to that person, and
(e)that P has not attested under paragraph (3) any other application in respect of the petition for which the application P attests is made,
and must certify that, to the best of P’s knowledge and belief, the statement included in the application in accordance with paragraph (2) is true.
(5) This paragraph applies in respect of an application in which the circumstances set out in accordance with paragraph (2) are that the applicant will be, or is likely to be, ill during the signing period, and which—
(a)specifies the illness which the applicant is likely to suffer from; and
(b)is attested and signed by one of the persons specified in subparagraph (a), (b) or (c) of regulation 65(2) (proxy signature on grounds of disability).
(6) The person (P) attesting an application under paragraph (5) must state—
(a)P’s name and address;
(b)that P is registered in the register of parliamentary electors;
(c)the qualification by virtue of which P is authorised to attest it;
(d)that P has seen the applicant in connection with the circumstances set out in the application in accordance with paragraph (2); and
(e)that, to the best of P’s knowledge and belief the applicant—
(i)is suffering from the illness specified in the application,
(ii)will be or is likely to be so suffering during the whole of the signing period, and
(iii)cannot reasonably be expected to sign the petition in person at the petition signing place allotted or likely to be allotted to the applicant under regulation 16 (allotment of petition signing places) because of that illness.
(7) This paragraph applies in respect of an application—
(a)which is received by the registration officer after 5pm on the eleventh day before the end of the signing period but before 5pm on the sixth day before the end of that period;
(b)in which the circumstances set out in accordance with paragraph (2) relate to the applicant’s employment either as a constable or person employed by the petition officer to attend at a petition signing place during the signing period of the petition for which the application is made;
(c)which states the employment in question; and
(d)in the case of a constable, which is signed by a member of the Police Service of Northern Ireland of or above the rank of chief inspector.
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