The Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007
| Jurisdiction | Scotland |
2007 No. 170
REPRESENTATION OF THE PEOPLE
The Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007
Made 2nd March 2007
Laid before the Scottish Parliament 6th March 2007
Coming into force 2nd May 2007
The Scottish Ministers, in exercise of the powers conferred by sections 33 and 61(2) of the Local Electoral Administration and Registration Services (Scotland) Act 20061and of all other powers enabling them in that behalf, make the following Regulations:
Citation and commencement
1.—(1) These Regulations may be cited as the Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007.
(2) These Regulations shall come into force on 2nd May 2007.
Interpretation
2.—(1) In these Regulations–
“the 1983 Act” means the Representation of the People Act 19832;
“the 2001 Regulations” means the Representation of the People (Scotland) Regulations 20013;
“allotted polling station” means the polling station allotted or likely to be allotted to an elector under the appropriate rules (as defined in paragraph 1 of Schedule 4);
“anonymous entry” shall be construed in accordance with section 9B of the 1983 Act;
“registration officer” has the meaning given by section 8(1) of the 1983 Act; and
“Schedule 4” means Schedule 4 to the Representation of the People Act 20004.
(2) Part IV of the 2001 Regulations is disapplied for the purposes of any local government election in Scotland taking place after 2nd May 2007.
General requirements for applications for an absent vote at a local government election in Scotland
3.—(1) An application under Schedule 4 (absent voting in Great Britain) must comply with the requirements of this regulation and such further requirements in these Regulations as are relevant to the application.
(2) The application must state–
(a)
(a) the full name of the applicant;
(b)
(b) the address in respect of which the applicant is registered or has applied to be (or is treated as having applied to be) registered in the register of local government electors, except in the case of an application under paragraph 7(4) or (7) (voting as proxy) of Schedule 4;
(c)
(c) in the case of a person applying to vote by proxy, the proxy’s address, together with the name of the elector for whom the applicant will act as proxy and the elector’s address for the purposes of sub-paragraph (b);
(d)
(d) in the case of a person applying to vote by post, the address to which the ballot paper should be sent; and
(e)
(e) in the case of an application to vote by proxy, the grounds on which the elector claims to be entitled to an absent vote.
(3) The application shall be made in writing and be signed and dated by the applicant.
(4) An application under Schedule 4 which is made for an indefinite period, or a particular period specified in the application, must state–
(a)
(a) that it is so made, and
(b)
(b) whether it is made for local government elections only or both parliamentary and local government elections.
(5) An application under Schedule 4 which is made for a particular local government election must–
(a)
(a) state that it is so made, and
(b)
(b) identify the election in question,
but, where the poll at one election falls on the same day as the poll at another election, the application shall, unless a contrary intention appears, apply to both elections.
(6) Where an application is made to vote by proxy, it must include an application for the appointment of a proxy which meets the requirements of regulation 7.
Additional provision concerning the requirement that an application for an absent vote must be signed by the applicant
4. The registration officer may confirm whether an application for an absent vote meets the requirement in regulation 3(3) that it has been signed by the applicant by referring to any signature previously provided by the applicant to the registration officer or returning officer.
Additional requirement for applications for ballot papers to be sent to different address from that stated in application
5.—(1) Paragraph (2) applies where–
(a)
(a) in the case of an application to vote by post under paragraph 3(1) and (7) (absent vote at elections for definite or indefinite period) or 4(1) (absent vote at particular election) of Schedule 4, the addresses stated in accordance with regulation 3(2)(b) and (d) are different;
(b)
(b) in the case of an application by a proxy to vote by post under paragraph 7(4) (voting as proxy) of Schedule 4, the proxy’s address stated in accordance with regulation 3(2)(c) and the address stated in accordance with regulation 3(2)(d) are different.
(2) The application must set out why the applicant’s circumstances will be or are likely to be such that the applicant requires the ballot paper to be sent to the address stated in accordance with regulation 3(2)(d).
(3) This regulation does not apply where an applicant has, or has applied for, an anonymous entry.
Additional requirements for applications for ballot papers to be sent to different address from that shown in the record kept under paragraph 3(4) or 7(6) of Schedule 4
6.—(1) An application under–
(a)
(a) paragraph 4(3)(a) (absent vote at particular election) of Schedule 4 by a person shown as voting by post in the record kept under paragraph 3(4) of that Schedule; or
(b)
(b) paragraph 7(7) (voting as proxy) of that Schedule by a person shown as voting by post in the record kept under paragraph 7(6) of that Schedule,
for that person’s ballot paper to be sent to a different address from that shown in the record must set out why the applicant’s circumstances will be or are likely to be such that the applicant requires the ballot paper to be sent to that address.
(2) This regulation does not apply where an applicant has, or has applied for, an anonymous entry.
Additional requirements for applications for the appointment of a proxy
7. An application for the appointment of a proxy under paragraphs 3 (absent vote at elections for definite or indefinite period) and 4 (absent vote at particular election) of Schedule 4 must state the full name and address of the person whom the applicant wishes to appoint as the applicant’s proxy, together with that person’s family relationship, if any, with the applicant, and–
(a) if it is signed only by the applicant, must contain a statement by the applicant that the person so named has been consulted and that that person is capable of being and willing to be appointed to vote as the applicant’s proxy; and
(b) if it is also signed by the person to be appointed, shall contain a statement by that person that that person is capable of being and willing to be appointed to vote as the applicant’s proxy.
Additional requirements for applications for a proxy vote for a particular or indefinite period on grounds of blindness or other disability
8.—(1) An application to vote by proxy for a particular or indefinite period under paragraph 3(3)(b) (absent vote at elections for definite or indefinite period – blindness or physical incapacity) of Schedule 4 shall specify the disability by reason of which it is made.
(2) Subject to paragraph (3) below, such an application must be attested and signed by–
(a)
(a) a registered medical practitioner;
(b)
(b) a nurse registered on the register maintained by the Nursing and Midwifery Council under article 5 of the Nursing and Midwifery Order 20015by virtue of qualifications in nursing;
(c)
(c) a registered dentist as defined by section 53(1) of the Dentists Act 19846;
(d)
(d) a registered dispensing optician or a registered optometrist within the meaning of the Opticians Act 19897;
(e)
(e) a registered pharmaceutical chemist as defined by section 24(1) of the Pharmacy Act 19548;
(f)
(f) a registered osteopath as defined by section 41 of the Osteopaths Act 19939;
(g)
(g) a registered chiropractor as defined by section 43 of the Chiropractors Act 199410;
(h)
(h) a Christian Science practitioner;
(i)
(i) a person for the time being listed in the British Psychological Society’s register of chartered psychologists;
(j)
(j) a person registered as a member of a profession to which the Health Professions Order 200111for the time being extends;
(k)
(k) the person carrying on a care home registered under Part 1 of the Regulation of Care (Scotland) Act 200112;
(l)
(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 the applicant resides in such premises;
(m)
(m) a manager (or a person on behalf of a manager) within the meaning of section 329(1) of the Mental Health (Care and Treatment) (Scotland) Act 200313responsible for the administration of a hospital within the meaning of Part 2 of that Act; or
(n)
(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)
(a) by virtue of paragraph (2)(a) to (j), 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...
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