The Scottish Parliament (Elections etc.) Order 2007

Additional requirements for applications on grounds of disability

3.—(1) An application under paragraph (1), as read with paragraph (3)(c), of article 9 shall specify the disability by reason of which the application is made.

(2) Subject to sub-paragraphs (3) and (6), 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 2001(1) by virtue of qualifications in nursing;

(c) a registered dentist as defined by section 53(1) of the Dentists Act 1984(2);

(d) a registered dispensing optician or a registered optometrist within the meaning of the Opticians Act 1989(3);

(e) a registered pharmaceutical chemist as defined by section 24(1) of the Pharmacy Act 1954(4);

(f) a registered osteopath as defined by section 41 of the Osteopaths Act 1993(5);

(g) a registered chiropractor as defined by section 43 of the Chiropractors Act 1994(6);

(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 2001(7) for the time being extends;

(k) the person managing a care home service registered under Part 1 of the Regulation of Care (Scotland) Act 2001(8);

(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 (or a person on behalf of a manager) within the meaning of section 329 of the Mental Health (Care and Treatment) (Scotland) Act 2003(9) responsible for the administration of a hospital within the meaning of that section; or

(n) a person registered as a social worker in the register maintained in accordance with section 44 of the Regulation of Care (Scotland) Act 2001.

(3) A person who qualifies–

(a) by virtue of any of paragraphs (a) to (j) of sub-paragraph (2) 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 paragraph (n) of sub-paragraph (2) 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 their disability.

(4) The person attesting an application under sub-paragraph (2), other than a person attesting by virtue of sub-paragraph (2)(m), 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 sub-paragraph (3)(a), that he is treating the applicant for the disability specified in the application or that 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 he is treating the applicant for the disability specified in the application, that the applicant is receiving care from him in respect of that disability, or that 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 a person on behalf of a manager) attesting an application under sub paragraph (2)(m) shall state–

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

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

(c) the position of the manager 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;

(e) that, to the best of the manager’s 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

(f) that, to the best of the manager’s knowledge and belief, the disability specified in the application is likely to continue either indefinitely or for a period specified by the manager attesting the application.

(6) Sub-paragraphs (2), (4) and (5) shall not apply where–

(a) 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;

(b) the application states that the applicant is (under section 73 of the Social Security Contributions and Benefits Act 1992)(10) in receipt of the higher rate of the mobility component of a disability living allowance (payable under section 71 of that Act) because of the disability specified in the application in pursuance of sub-paragraph (1).

(7) The fact that an applicant is registered as a blind person with a local authority shall be deemed sufficient evidence that he is eligible for an absent vote on the grounds set out in article 9(3)(b).

(8) In this paragraph and paragraphs 4 and 5 below, “his allotted polling station”, in relation to an elector, means the polling station allotted or likely to be allotted to him under this Order.

(1)

S.I. 2002/253.

(2)

1984 c. 24.

(3)

1989 c. 44.

(4)

1954 c. 61.

(5)

1993 c. 21.

(6)

1994 c. 17.

(7)

S.I. 2002/254.

(8)

2001 asp 8.

(9)

2003 asp 13.

(10)

1992 c. 4.