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The Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007

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Additional requirements for applications for a proxy vote for a particular or indefinite period based on occupation, service, employment or attendance on a course

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9.—(1) An application to vote by proxy for a particular or indefinite period under paragraph 3(3)(c) (absent vote at elections for definite or indefinite period – occupation, service, employment, etc.) of Schedule 4 must state–

(a)whether the occupation, service or employment in respect of which it is made is that of the applicant or the applicant’s spouse or civil partner or, as the case may be, it is the applicant or the applicant’s spouse or civil partner who is attending the course provided by an educational institution in respect of which the application is made;

(b)the nature of the occupation, service, employment or course provided by an educational institution giving rise to the application;

(c)where the person in respect of whose occupation, service or employment the application is made (in this regulation referred to as “the employed person”) is self-employed, that fact; and in any other case the name of that person’s employer;

(d)the reason, relevant to the general nature of the employment, service or occupation in question or the course provided by an educational institution, why the applicant cannot reasonably be expected to go in person to the allotted polling station.

(2) Such an application must be attested and signed–

(a)where the applicant is self-employed, by a person who–

(i)is aged 18 years or over;

(ii)knows the applicant; and

(iii)is not related to the applicant;

(b)where the applicant is employed, by the employer of the applicant or by another employee to whom this function is delegated by the employer; and

(c)where the applicant is attending a course provided by an educational institution, by the director or tutor of that course or by the principal or head of that institution or an employee of the institution to whom this function is delegated by the head or principal.

(3) The person attesting an application made under paragraph (2) above must–

(a)where the applicant is the employed person or the person attending the course, certify that the statements required by paragraph (1)(a) to (d) to be included in the application are true; or

(b)where the applicant is the spouse or civil partner of the employed person or the person attending the course, certify that the statements included in the application in accordance with the requirements of paragraph (1)(a) to (d) are true.

(4) The person attesting an application under paragraph (2) must also state–

(a)his or her name and address, that he or she is aged 18 years or over, that he or she knows the employed person, self-employed person or person attending a course provided by an educational institution but is not related to that person; and

(b)if he or she is attesting as or on behalf of the employer of the employed person, that he or she is the employer or the position that he or she holds in the employment of that employer; or

(c)if he or she is attesting an application made on the grounds of attendance at a course provided by an educational institution, the post that person holds at that institution.

(5) For the purpose of this regulation, one person is related to another if the person is the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the other.

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