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The Police and Crime Commissioner Elections Order 2012

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Police and Crime Commissioner Elections Order 2012 No. 1917

Additional requirements: applications for the appointment of a proxy in respect of a particular PCC election
This section has no associated Explanatory Memorandum

14.—(1) Sub-paragraph (2) applies to an application for the appointment of a proxy under paragraph 3.

(2) The application must state the full name and address of the person whom the applicant (“P”) wishes to appoint as proxy, together with the person’s family relationship (if any) with P and—

(a)if it is signed only by P, must contain a statement that P has consulted the person so named and that that person is capable of being and willing to be appointed to vote as P’s proxy, or

(b)if it is also signed by the person to be appointed as proxy, must contain a statement that the person is capable of being and willing to be appointed to vote as P’s proxy.

(3) The application must set out why the applicant’s circumstances on the date of the poll for the election in respect of which it is made 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.

(4) Where an application under paragraph 3

(a)is made on the grounds of the applicant’s disability, and

(b)is made after 5 pm on the sixth day before the date of the poll at the PCC election for which it is made,

the requirements of paragraph 15 apply to the matters to be specified and as to the attestation.

(5) Where an application mentioned in sub-paragraph (4) is made, the person attesting the application must state, in addition to the matters specified in paragraph 15, to the best of the attestor’s knowledge and belief, the date upon which the applicant became disabled.

(6) Where an application under paragraph 3 is made by a person to whom paragraph 1(6) applies after 5pm on the sixth day before the date of the poll at the election for which it is made, the requirements of sub-paragraph (7) apply to the matters to be specified and as to attestation.

(7) Where an application mentioned in sub-paragraph (6) is made—

(a)the application must additionally state the name and address of the hospital at which the applicant is liable to be detained, and

(b)the application must be attested by or on behalf of a manager, within the meaning of section 145(1) of the Mental Health Act 1983(1), of the hospital at which the applicant is liable to be detained, and the attestation must state—

(i)the name of the person attesting the application,

(ii)that the person is authorised to make the attestation,

(iii)the person’s position 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 in the hospital.

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

(9) In this paragraph and in paragraph 15, references to an “allotted polling station”, in relation to an elector, are to the polling station to which the elector is, or is likely to be, allotted under the PCC elections rules.

(1)

1983. c.20. The definition of “managers” was amended by paragraph 24(9) of Schedule 9 to the National Health Service and Community Care Act 1990 (c.19), section 1 of the Mental Health (Amendment) Act 1994 (c.6), paragraph 107(14) of Schedule 1 to the Health Authorities Act 1995 (c.17), Schedule 5 to the Health Act 1999 (c.8), paragraphs 42 and 49 of Schedule 2 to the National Health Service Reform and Health Care Professions Act 2002 (c.17), paragraphs 50 and 57 of Schedule 4 to the Health and Social Care (Community Health and Standards) Act 2003 (c.43), paragraphs 62 and 70(d) of Schedule 1 to the National Health Service (Consequential Provisions) Act 2006 and section 46(1)and (3)(b) of the Mental Health Act 2007 (c.12); and by S.I. 2000/90 2002/2469, 2007/961 and 2010/813.

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