PART 6Absent Voting: Proxy Applications

Persons who may attest applications for a proxy vote42

1

Regulation 5358 is amended as follows.

2

In the heading to regulation 53, for the words “physical incapacity or blindness” substitute “blindness or any other disability”.

3

In paragraph (1) for “the physical incapacity” substitute “the disability”.

4

For paragraphs (2), (3) and (4) substitute—

2

Subject to paragraph (3) below, 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 200159 by virtue of qualifications in nursing;

c

a registered dentist as defined by section 53(1) of the Dentists Act 198460;

d

a registered dispensing optician or a registered optometrist within the meaning of the Opticians Act 198961;

e

a registered pharmaceutical chemist as defined by section 24(1) of the Pharmacy Act 195462;

f

a registered osteopath as defined by section 41 of the Osteopaths Act 199363;

g

a registered chiropractor as defined by section 43 of the Chiropractors Act 199464;

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 200165 for the time being extends;

k

the person carrying on a care home registered under Part 2 of the Care Standards Act 200066;

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 within the meaning of section 145(1) of the Mental Health Act 198367, or on behalf of such a manager; or

n

a person registered in the register for social workers maintained in accordance with section 56 of the Care Standards Act 2000.

3

A person who qualifies—

a

by virtue of any of sub-paragraphs (a) to (j) of paragraph (2) above, 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) above, 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 person in respect of their disability.

4

The person attesting the application 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 paragraph (3)(a) above, 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 paragraph (3)(b) above, 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

In paragraph (5)(b), for the words “physical incapacity” substitute “disability”.

6

After paragraph (5) insert—

5A

A person who qualifies by virtue of sub-paragraph (m) of paragraph (2) above, shall, instead of the matters specified in paragraph (4)(a) above, state in the attestation—

i

his name;

ii

his position in the hospital at which the applicant is liable to be detained or at which he is receiving treatment;

iii

that he is a person authorised to make the attestation; and

iv

in the case of an applicant who is liable to be detained in hospital, the statutory provision under which the applicant is liable to be so detained.