The European Parliamentary Elections Regulations 2004 No. 293

[F1 SCHEDULE 2 E+W+S ABSENT VOTING

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

Modifications etc. (not altering text)

C1 Sch. 2 applied (with modifications) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 4 para. 1 (with reg. 27)

PART 2 E+W+S APPLICATIONS

Additional requirements for applications for a proxy vote in respect of a particular election E+W+S

25.— (1) An application under paragraph 4(2) to vote by proxy at a particular election must set out why the applicant’s circumstances on the date of the poll for that election in respect of which it is made will be or are likely to be such that he cannot reasonably be expected to vote in person at his allotted polling station.

(2) Where an application under paragraph 4(2)—

(a) is made on the grounds of the applicant’s disability; and

(b) is made after 5 p.m. on the sixth day before the date of the poll at the election for which it is made,

the requirements of paragraph 23 as to the matters to be specified and the attestation shall apply.

(3) Where an application mentioned in sub-paragraph (2) is made, the person who attests the application must state, in addition to those matters specified in paragraph 23, to the best of his knowledge and belief, the date upon which the applicant became disabled.

[F2 (3A) Where an application under paragraph 4(2) is made—

(a) on grounds relating to the applicant’s occupation, service or employment; and

(b) after 5 p.m. on the sixth day before the date of the poll at the election for which it is made,

the requirements of paragraph 25A as to the matters to be specified and the attestation shall apply.]

(4) Where an application under paragraph 4(2) is made by a person to whom paragraph 2(6) applies after 5 p.m. on the sixth day before the date of the poll at the election for which it is made, the requirements of sub-paragraph (5) as to the matters to be specified and as to attestation shall apply.

(5) Where an application mentioned in sub-paragraph (4) is made—

(a) the application must additionally state the name and address of the hospital at which the applicant is liable to be detained; and

(b) the application must be attested by the manager, within the meaning of section 145(1) of the Mental Health Act 1983, or section 329 of the Mental Health (Care and Treatment)(Scotland) Act 2003, responsible for the administration of the hospital at which the applicant is liable to be detained, or a person authorised to act on behalf of such a manager for these purposes, or, in Gibraltar, by the Chief Executive of the Gibraltar Health Authority or a person authorised to act on his behalf, and the attestation must state—

(i) the name of the person, attesting the application;

(ii) that the person, is authorised to attest the application;

(iii) the position of the person in the hospital at which the applicant is liable to be detained; and

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

(6) This paragraph does not apply where the applicant has an anonymous entry.]

Textual Amendments

F2 Sch. 2 para. 25(3A) inserted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 35