The European Parliamentary Elections Regulations 2004

[F1 Additional requirements for applications for a proxy vote for a definite or indefinite period on grounds of blindness or other disability E+W+S

23.— (1) An application to vote by proxy for a particular or indefinite period under paragraph 3(3)(c) must specify the disability by reason of which it is made.

(2) Subject to sub-paragraphs (3) and (6), such an application must be attested and signed by—

(a) a registered medical practitioner;

(b) a registered nurse;

(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 section 36(1) of the Opticians Act 1989;

(e) a registered pharmacist within the meaning of 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 who is registered as a member of a relevant profession for the purposes of the [F2 Health and Social Work Professions Order 2001];

(k) the person registered —

(i) in England and Wales, as carrying on a care home registered under Part 2 of the Care Standards Act 2000, or

(ii) in Scotland, as managing a care home service registered under [F3 Part 5 of the Public Services Reform (Scotland) Act 2010];

where the applicant states that he is resident in such a home;

(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 —

(i) in England and Wales, within the meaning of section 145(1) of the Mental Health Act 1983, or

(ii) in Scotland, 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 a person authorised to act on behalf of such a manager for these purposes;

(n) a person registered in the register of social workers maintained—

(i) in F4 ...Wales, in accordance with section 56 of the Care Standards Act 2000, or

(ii) in Scotland, in accordance with section 44 of the Regulation of Care (Scotland) Act 2001,

(o) in Gibraltar, in the case of an applicant who is resident in a residential home for persons of pensionable age or for physically disabled persons, a senior nursing officer of the home; and

(p) in Gibraltar, any person registered under the provisions of the Medical and Health Act 1997.

(3) A person who qualifies—

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

[F5 (iii) the person is a social worker who qualifies by virtue of sub-paragraph (2)(j), and has arranged care or assistance for the applicant in respect of that disability; or]

(b) by virtue of sub-paragraph (2)(n) 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 that disability.

(4) The person attesting the application must 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—

(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;

(c) where the person who attests the application is a person referred to in sub-paragraph (3)(b), that—

(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 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.

(5) A manager (or person authorised to act on behalf of such a manager) attesting an application by virtue of sub-paragraph (2)(m) must, instead of the matters specified in sub-paragraph (4)(a), state in the attestation—

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

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

(c) the position of the person 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 liable to be detained, at the hospital, where applicable.

(6) Sub-paragraphs (2), (4) and (5) do not apply where—

(a) in England and Wales, 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 and which has made arrangements for the applicant under section 29(1) of the National Assistance Act 1948;

(b) in Gibraltar, the application is based on the applicant’s blindness and the applicant is registered as a blind person by the Gibraltar Health Authority;

(c) in Scotland, the application is based on the applicant’s blindness and the applicant is registered as a blind person by a local authority which is specified in the application; F6 ...

(d) 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) because of the disability specified in the application; F7 ...

[F8 (e) the application states that the applicant is in receipt of the enhanced rate of the mobility component of personal independence payment (payable under section 79(2) of the Welfare Reform Act 2012) because of the disability specified in the application][F9 ; or

(f) the application states that the applicant is in receipt of armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 because of the disability specified in the application.]

(7) The fact that an applicant is registered with a local authority, or the Gibraltar Health Authority, as mentioned in sub-paragraph (6) shall be deemed sufficient evidence that he is eligible to vote by proxy on the grounds set out in paragraph 3(3)(c).

(8) In this paragraph and in paragraphs 24 and 25 “allotted polling station”, in relation to an elector, means the polling station to which the elector is allotted or likely to be allotted under rule 29(1) of the European Parliamentary elections rules.]

Textual Amendments

F1 Sch. 2 substituted (30.1.2009) by The European Parliamentary Elections (Amendment) Regulations 2009 (S.I. 2009/186), regs. 1(2), 40, Sch. 3

F2 Words in Sch. 2 para. 23(2)(j) substituted (1.8.2012) by The Health and Social Care Act 2012 (Consequential Provision-Social Workers) Order 2012 (S.I. 2012/1479), art. 1(2), Sch. para. 36(a)

F3 Words in Sch. 2 para. 23(2)(k)(ii) substituted (28.10.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications of Enactments) Order 2011 (S.I. 2011/2581), art. 1(2)(b), Sch. 2 para. 38

F4 Words in Sch. 2 para. 23(2)(n)(i) omitted (1.8.2012) by virtue of The Health and Social Care Act 2012 (Consequential Provision-Social Workers) Order 2012 (S.I. 2012/1479), art. 1(2), Sch. para. 36(b)

F5 Sch. 2 para. 23(3)(a)(iii) added (1.8.2012) by The Health and Social Care Act 2012 (Consequential Provision-Social Workers) Order 2012 (S.I. 2012/1479), art. 1(2), Sch. para. 36(c)(iii)

F6 Word in Sch. 2 para. 23(6)(c) omitted (6.5.2013) by virtue of The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 3, Sch. para. 34(a)

F7 Word in Sch. 2 para. 23(6) omitted (6.5.2013) by virtue of The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2)(c), Sch. para. 30(2)(a)

F8 Sch. 2 para. 23(6)(e) and preceding word inserted (6.5.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 3, Sch. para. 34(b)

F9 Sch. 2 para. 23(6)(f) and preceding word inserted (6.5.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2)(c), Sch. para. 30(2)(b)