Representation of the People (Scotland) Regulations 2001

Additional requirements for applications for a proxy vote for a particular or indefinite period based on occupation, service, employment or attendance on a course S

54.—(1) An application to vote by proxy for a particular or indefinite period under paragraph 3(3)(c) of Schedule 4 shall state–

(a) whether the occupation, service or employment in respect of which it is made is that of the applicant or his spouse [F1 or civil partner] or, as the case may be, it is the applicant or his spouse [F1 or civil partner] who is attending the course provided by an educational institution in respect of which the application is made;

(b) the nature of the occupation, service, employment or course provided by an educational institution giving rise to the application;

(c) where the person in respect of whose occupation, service or employment it is made (in this regulation referred to as “the employed person”) is self employed, that fact; and in any other case the name of that person’s employer;

(d) the reason, relevant to the general nature of the employment, service or occupation in question or the course provided by an educational institution, why the applicant cannot reasonably be expected to go in person to his allotted polling station.

(2) Such an application shall be attested and signed–

(a) where the person is self-employed, by a person who–

(i) is aged 18 years or over;

(ii) knows the self-employed person; and

(iii) is not related to him;

(b) by the employer of the employed person or by another employee to whom this function is delegated by the employer; and

(c) in the case of a course provided by an educational institution, by the director or tutor of that course or by the principal or head of that institution or an employee to whom this function is delegated by the head or principal.

(3) The person attesting an application made under paragraph (2) above shall–

(a) where the applicant is the employed person or the person attending the course, certify that the statements required by sub paragraphs (a) to (d) of paragraph (1) above to be included in the application are true; or

(b) where the applicant is the spouse [F2 or civil partner] of the employed person or the person attending the course, certify that the statements included in the application in accordance with the requirements of sub-paragraphs (a) to (c) of paragraph (1) above are true.

(4) The person attesting an application under paragraph (2) above shall also state–

(a) his name and address, that he is aged 18 years or over, that he knows the employed person, self employed person or person attending a course provided by an educational institution but is not related to him; and

(b) if he is attesting as or on behalf of the employer of the employed person, that he is the employer or the position he holds in the employment of that employer; or

(c) if he is attesting an application made on the grounds of attendance at a course provided by an educational institution, the post he holds at that institution.

(5) For the purposes of this regulation, one person is related to another if the person is the [F3 spouse, civil partner], parent, grandparent, brother, sister, child or grandchild of the other.

Textual Amendments

F1 Words in reg. 54(1)(a) inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 1, Sch. 10 para. 1(6)(a)

F2 Words in reg. 54(3)(b) inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 1, Sch. 10 para. 1(6)(b)

F3 Words in reg. 54(5) substituted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 1, Sch. 10 para. 1(6)(c)

Commencement Information

I1 Reg. 54 in force at 16.2.2001, see reg. 1(1)