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The Business Improvement Districts (Scotland) Regulations 2007

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5.—(1) Subject to the provisions of this paragraph, any person is capable of being appointed proxy to vote for another in a ballot and may vote in pursuance of the appointment.

(2) The person entitled to vote cannot have more than one person at a time appointed as proxy to vote for that person in a ballot.

(3) Where the person entitled to vote applies to the ballot holder for the appointment of a proxy to vote for that person in a particular ballot, the ballot holder shall make the appointment if the application meets the requirements of this paragraph and that the proxy is capable of being, and willing to be, appointed.

(4) An application for the appointment of a proxy shall–

(a)state the full name and address of the person whom the person entitled to vote (the applicant) wishes to appoint as their proxy;

(b)state the address of the applicant’s relevant property or properties;

(c)be signed by the applicant; and

(d)contain a statement by the applicant that they have consulted the proxy so named and that that person is capable of being and willing to be appointed.

(5) An application to appoint a proxy shall be refused for the purposes of a particular ballot if it is received by the ballot holder after 5 p.m. on the tenth day before the day of the ballot.

(6) Where the ballot holder grants an application for the appointment of a proxy, they shall–

(a)confirm by notice in writing to the person entitled to vote that the proxy has been appointed, their name and their address; and

(b)include the proxy’s details on the list referred to in paragraph 3(b).

(7) Where the ballot holder refuses an application to appoint a proxy, the ballot holder shall notify the applicant in writing of their decision and of the reason for it.

(8) Subject to sub paragraph (9), the appointment shall remain in force for that ballot only.

(9) The appointment may be cancelled by the person entitled to vote giving notice to the ballot holder or by the proxy giving notice to the ballot holder that they no longer wish to act as proxy.

(10) A notice under sub paragraph (9) by a person entitled to vote cancelling a proxy’s appointment shall be disregarded for the purposes of a ballot if it is received by the ballot holder after 5 p.m. on the fifth day before the date of the poll at that election.

(11) Where the appointment of a proxy is cancelled under sub paragraph (9), the ballot holder shall–

(a)notify the person entitled to vote in writing that the appointment has been cancelled;

(b)notify the person whose appointment as proxy has been cancelled in writing, unless the ballot holder has previously been notified by that person that they no longer wish to act as proxy; and

(c)remove the name of the proxy from the record kept under paragraph 3(b).

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