[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 1 E+W+S ENTITLEMENT

Absent vote at a particular election E+W+S

4.— (1) Where a person applies to the registration officer to vote by post at a particular European Parliamentary election, the registration officer must grant the application if—

(a) he is satisfied that the applicant is or will be registered in the register of electors; and

(b) the application contains the applicant’s signature and date of birth and meets the requirements of Part 2.

(2) Where a person applies to the registration officer to vote by proxy at a particular European Parliamentary election, the registration officer must grant the application if—

(a) he is satisfied that the applicant’s circumstances on the date of the poll will be or are likely to be such that he cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to him under the European Parliamentary elections rules;

(b) he is satisfied that the applicant is or will be registered in the register of electors; and

(c) the application contains the applicant’s signature and date of birth and meets the requirements of Part 2.

(3) Where a person who has an anonymous entry in the register of electors applies to the registration officer to vote by proxy at a particular election the registration officer must grant the application if it meets the requirements of Part 2.

(4) Nothing in sub-paragraph (1) or (2) applies to a person who is included in the record by virtue of paragraph 3, but such a person may, in respect of a particular European Parliamentary election, apply to the registration officer—

(a) for his ballot paper to be sent to a different address from that shown in the record; or

(b) to vote by proxy;

if he is shown in the record as voting by post at elections of the kind in question.

(5) The registration officer must grant an application under sub-paragraph (4) if—

(a) (in the case of any application) it meets the requirements of Part 2; and

(b) (in the case of an application to vote by proxy) the registration officer is satisfied that the applicant’s circumstances on the date of the poll will be or are likely to be such that he cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to him under the European Parliamentary elections rules.

(6) The registration officer may dispense with the requirement under sub-paragraph (1)(b) or (2)(c) for the applicant to provide a signature if he is satisfied that the applicant is unable—

(a) to provide a signature because of any disability the applicant has;

(b) to provide a signature because the applicant is unable to read or write; or

(c) to sign in a consistent and distinctive way because of any such disability or inability.

(7) The registration officer must also keep a record in relation to those whose applications under this paragraph have been granted showing—

(a) their dates of birth;

(b) except in cases where the registration officer in pursuance of sub-paragraph (6) has dispensed with the requirement to provide a signature, their signatures.

(8) The record kept under sub-paragraph (7) must be retained by the registration officer for the period required by paragraph 18(1).]