The Police and Crime Commissioner Elections Order 2012

Changes over time for: Paragraph 15

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Additional requirements referred to in paragraph 14(4)U.K.

15.—(1) This paragraph applies to an application to vote by proxy which is made in the circumstances set out in paragraph 14(4).

(2) The application must specify the disability by reason of which it is made and 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 M1,

(d)a registered dispensing optician or a registered optometrist within the meaning of the Opticians Act 1989 M2,

(e)a registered pharmacist as defined in article 3(1) of the Pharmacy Order 2010 M3,

(f)a registered osteopath as defined by section 41 of the Osteopaths Act 1993 M4,

(g)a registered chiropractor as defined by section 43 of the Chiropractors Act 1994 M5,

(h)a Christian Science practitioner,

(i)a person registered as a member of a profession to which the Health Professions Order 2002 M6 for the time being extends,

(j)the person carrying on a care home registered under Part 2 of the Care Standards Act 2000 M7 where the applicant states that he or she is resident in that care home,

[F1(ja)the person registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 in respect of a care home service (within the meaning of that Act) provided wholly or mainly to persons aged 18 or over where the applicant states that he or she is resident at a place where that service is provided;]

(k)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 or she is resident in the premises where the warden works,

(l)a manager within the meaning of section 145(1) of the Mental Health Act 1983 (interpretation), or on behalf of such a manager, F2...

(m)a person registered in the register for social workers maintained in accordance with section 56 of the Care Standards Act 2000 M8[F3, or

(n)a person registered in the register for social workers maintained in accordance with section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016.]

(3) A person who qualifies—

(a)by virtue of any of paragraphs (a) to (i) of sub-paragraph (2), may not attest an application for these purposes unless—

(i)that person is treating the applicant for the disability specified in the application, or

(ii)the applicant is receiving care from that person in respect of that disability, or

(b)by virtue of [F4paragraph (m) or (n)] of sub-paragraph (2), may not attest an application for these purposes unless—

(i)that person is treating the applicant for the disability specified in the application,

(ii)the applicant is receiving care from that person in respect of that disability, or

(iii)that person has arranged care or assistance for the applicant in respect of that disability.

(4) The person (“A”) attesting the application must state—

(a)A's name and address and the qualification by virtue of which A attests the application;

(b)where A is a person referred to in sub-paragraph (3)(a), that—

(i)A is treating the applicant for the disability specified in the application, or

(ii)the applicant is receiving care from A in respect of that disability,

(c)where A is a person referred to in sub-paragraph (3)(b), that—

(i)A is treating the applicant for the disability specified in the application,

(ii)the applicant is receiving care from A in respect of that disability, or

(iii)A has arranged care or assistance for the applicant in respect of that disability,

(d)that, to the best of A's knowledge and belief, the applicant has the disability specified in the application and that the applicant cannot reasonably be expected to go in person to the allotted polling station or to vote unaided there by reason of that disability, and

(e)that, to the best of A's knowledge and belief, the disability specified in the application is likely to continue either indefinitely or for a period specified by A.

(5) Where A is a person referred to in sub-paragraph (2)(l), A must (instead of the matters specified in sub-paragraph (4)(a)) state in the attestation—

(a)A's name,

(b)that A is authorised to attest the application,

(c)A's position in the hospital at which the applicant is liable to be detained or is receiving treatment, and

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

(6) Sub-paragraphs (2) to (5) do not apply where—

(a)the application is based on the applicant's [F5severe sight-impairment] and the applicant is registered [F6by the local authority which is specified in the application as—

(i)a blind person under section 29(4)(g) of the National Assistance Act 1948; or

(ii)a person who is severely sight-impaired under section 77(1) of the Care Act 2014 (registers of sight-impaired adults),]

(b)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...

(c)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, F10...

(d)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] [F11or,

(e)the application states that the applicant is in receipt of one of the following benefits (payable in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018) because of the disability specified in the application—

(i)the higher rate of the mobility component of disability assistance for children and young people, or

(ii)the enhanced rate of the mobility component of disability assistance for working age people.]

(7) The fact that an applicant is registered F12... [F13as severely sight-impaired by a local authority under section 77(1) of the Care Act 2014 (registers of sight-impaired adults)] [F14or in a register kept by a local authority in Wales under section 18(1) of the Social Services and Well-being (Wales) Act 2014] is sufficient evidence that the applicant is eligible to vote by proxy on the grounds set out in paragraph 3(3)(c).

Textual Amendments

F1Sch. 2 para. 15(2)(ja) inserted (E.W.) (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2018 (S.I. 2018/48), reg. 1(2), Sch. 1 para. 27(2)

F2Word in Sch. 2 para. 15(2)(l) omitted (W.) (3.4.2017) by virtue of The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/52), reg. 1(2), Sch. 1 para. 28(2)(a)(i)

F3Sch. 2 para. 15(2)(n) and word inserted (W.) (3.4.2017) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/52), reg. 1(2), Sch. 1 para. 28(2)(a)(ii)

F4Words in Sch. 2 para. 15(3)(b) substituted (W.) (3.4.2017) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/52), reg. 1(2), Sch. 1 para. 28(2)(b)

F5Words in Sch. 2 para. 15(6)(a) substituted (E.W.) (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 128(2)

F6Words in Sch. 2 para. 15(6)(a) substituted (1.4.2015) by The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 34(a) (with art. 4)

F7Sch. 2 para. 15(6)(c) 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. 49(b)

F8Word in Sch. 2 para. 15(6)(b) 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(3)(e), Sch. para. 46(2)(a)

F9Sch. 2 para. 15(6)(d) 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(3)(e), Sch. para. 46(2)(b)

F10Word in Sch. 2 para. 15(6) omitted (6.12.2022) by virtue of The Police and Crime Commissioner Elections (Amendment) Order 2022 (S.I. 2022/1275), arts. 1(2), 2(4)(a) (with art. 3(3))

F11Sch. 2 para. 15(6)(e) and word inserted (6.12.2022) by The Police and Crime Commissioner Elections (Amendment) Order 2022 (S.I. 2022/1275), arts. 1(2), 2(4)(b) (with art. 3(3))