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The Scottish Parliament (Elections etc.) Order 2015

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Additional requirements for applications for a proxy vote in respect of a particular election

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7.—(1) An application under article 9(2) to vote by proxy at a particular election shall set out why the applicant’s circumstances on the date of the poll for that election will be or are likely to be such that the applicant cannot reasonably be expected to vote in person at the applicant’s allotted polling station.

(2) Where such an application is made on the grounds of the applicant’s disability and it is made after 5 pm on the sixth day before the date of a poll at the election for which it is made—

(a)the requirements of paragraph 5 as to the matters to be specified and the attestation shall apply; and

(b)the person who attests the application shall also state, to the best of the person’s knowledge and belief, the date upon which the applicant became disabled.

(3) Where such an application is made by a person to whom paragraph 2(5A) of Schedule 4 to the 2000 Act(1) (mental patients who are not detained offenders) applies and it is made after 5 pm on the sixth day before the date of a poll at the election for which it is made—

(a)the requirements of paragraph 5 as to the matters to be specified and the attestation shall apply;

(b)the application shall additionally state the name and address of the hospital at which the applicant is liable to be detained; and

(c)the application shall be attested by 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 responsible for the administration of the hospital at which the applicant is liable to be detained, and the attestation shall state—

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

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

(iii)the position of the manager in the hospital at which the applicant is liable to be detained; and

(iv)the statutory provision under which the applicant is liable to be detained at the hospital.

(4) Where such an application is made on grounds relating to the applicant’s occupation, service or employment and it is made after 5 pm on the sixth day before the date of a poll at the election for which it is made—

(a)the application must, in addition to providing the information required by sub-paragraph (1), state—

(i)where the applicant is self-employed, that fact, and, in any other case, the name of the applicant’s employer;

(ii)that the reason provided in accordance with sub-paragraph (1) relates to the applicant’s occupation, service or employment; and

(iii)the date on which the applicant became aware of that reason; and

(b)the application must be attested in accordance with sub-paragraphs (5) to (7), unless the applicant is or will be registered as a service voter.

(5) An application to which sub-paragraph (4) applies must be attested and signed—

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

(i)is aged 16 years or over;

(ii)knows the applicant; and

(iii)is not related to the applicant;

(b)where the applicant is not self-employed, by the applicant’s employer or by another employee to whom this function is delegated by the employer.

(6) The person (“P”) attesting an application under sub-paragraph (5) must certify that the statements required by sub-paragraph (4)(a) and the information required by sub-paragraph (1) are true to the best of P’s knowledge and belief.

(7) P shall also state—

(a)P’s name and address;

(b)where the applicant is self-employed, that fact and that P is aged 16 years or over and that P knows, but is not related to, the applicant; and

(c)where the applicant is not self-employed, that P is the applicant’s employer or the position P holds in the employment of P’s employer.

(8) This paragraph does not apply where an applicant has an anonymous entry.

(1)

Paragraph 2(5A) was inserted by the 2006 Act, section 35.

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