Representation of the People (Scotland) Regulations 2001

Additional requirements for applications for a proxy vote for a particular or indefinite period on grounds of [F1 blindness or any other disability] S

53.—(1) An application to vote by proxy for a particular or indefinite period under paragraph 3(3)(b) of Schedule 4 shall specify [F2 the disability] by reason of which it is made.

[F3 (2) Subject to paragraphs (3) and (5), 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;

[F4 (e) a registered pharmacist as defined in article 3(1) of the Pharmacists and Pharmacy Technicians Order 2007;]

(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;

(i) a person for the time being listed in the British Psychological Society’s register of chartered psychologists;

(j) a person registered as a member of a profession to which the Health Professions Order 2001 for the time being extends;

(k) the person managing a care home service registered under Part 1 of the Regulation of Care (Scotland) Act 2001;

(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 (or a person on behalf of a manager) within the meaning of section 329 of the Mental Health (Care and Treatment) (Scotland) Act 2003 responsible for the administration of a hospital within the meaning of that section; or

(n) a person registered as a social worker in the register maintained in accordance with section 44 of the Regulation of Care (Scotland) Act 2001.

(3) A person who qualifies–

(a) by virtue of any of sub paragraphs (a) to (j) of paragraph (2) 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

(b) by virtue of sub paragraph (n) of paragraph (2) 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 applicant in respect of the applicant’s disability.

(4) The person attesting an application under paragraph (2), other than a person attesting by virtue of sub paragraph (2)(m), 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 sub paragraph (3)(a), that he is treating the applicant for the disability specified in the application or that 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 sub paragraph (3)(b), that he is treating the applicant for the disability specified in the application, that the applicant is receiving care from him in respect of that disability, or that 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.

(4A) A manager (or a person on behalf of a manager) attesting an application under sub paragraph (2)(m) shall state–

(a) the name of the manager attesting the application;

(b) that the manager is authorised to attest the application;

(c) the position of the manager in the hospital at which the applicant is liable to be detained or at which he is receiving treatment;

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

(e) that, to the best of the manager’s 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

(f) that, to the best of the manager’s knowledge and belief, the disability specified in the application is likely to continue either indefinitely or for a period specified by the manager attesting the application.]

(5) [F5 Paragraphs (2) to (4A)] shall not apply where–

(a) the application is based on the applicant’s blindness and the applicant is registered as a blind person by the local authority which is specified in the application; 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)) because of the [F6 disability] specified in the application.

(6) The fact that an applicant is registered with the local authority 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

F1 Words in reg. 53 heading substituted (1.4.2007) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 30(2)

F2 Words in reg. 53(1) substituted (1.4.2007) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 30(3)

F3 Reg. 53(2)-(4A) substituted for reg. 53(2)-(4) (1.4.2007) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 30(4)

F4 Reg. 53(2)(e) substituted (14.5.2009) by The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(2)(e), Sch. 4 para. 40

F5 Words in reg. 53(5) substituted (1.4.2007) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 30(5)(a)

F6 Word in reg. 53(5)(b) substituted (1.4.2007) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 30(5)(b)

Commencement Information

I1 Reg. 53 in force at 16.2.2001, see reg. 1(1)

(1)

1992 c. 4.