Search Legislation

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 referred to in paragraph 14 (4)
This section has no associated Explanatory Memorandum

15.—(1) This paragraph applies to an application to vote by proxy which is made in the circumstances set out in paragraph 14(4).

(2) The application must specify the disability by reason of which it is made and must be attested and signed by—

(a)a registered medical practitioner,

(b)a registered nurse,

(c)a registered dentist as defined by section 53(1) of the Dentists Act 1984(1),

(d)a registered dispensing optician or a registered optometrist within the meaning of the Opticians Act 1989(2),

(e)a registered pharmacist as defined in article 3(1) of the Pharmacy Order 2010(3),

(f)a registered osteopath as defined by section 41 of the Osteopaths Act 1993(4),

(g)a registered chiropractor as defined by section 43 of the Chiropractors Act 1994(5),

(h)a Christian Science practitioner,

(i)a person registered as a member of a profession to which the Health Professions Order 2002(6) for the time being extends,

(j)the person carrying on a care home registered under Part 2 of the Care Standards Act 2000(7) where the applicant states that he or she is resident in that care home,

(k)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 he or she is resident in the premises where the warden works,

(l)a manager within the meaning of section 145(1) of the Mental Health Act 1983 (interpretation), or on behalf of such a manager, or

(m)a person registered in the register for social workers maintained in accordance with section 56 of the Care Standards Act 2000(8).

(3) A person who qualifies—

(a)by virtue of any of paragraphs (a) to (i) of sub-paragraph (2), 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 receiving care from that person in respect of that disability, or

(b)by virtue of paragraph (m) of sub-paragraph (2), may not attest an application for these purposes unless—

(i)that person is treating the applicant for the disability specified in the application,

(ii)the applicant is receiving care from that person in respect of that disability, or

(iii)that person has arranged care or assistance for the applicant in respect of that disability.

(4) The person (“A”) attesting the application must state—

(a)A’s name and address and the qualification by virtue of which A attests the application;

(b)where A is a person referred to in sub-paragraph (3)(a), that—

(i)A is treating the applicant for the disability specified in the application, or

(ii)the applicant is receiving care from A in respect of that disability,

(c)where A is a person referred to in sub-paragraph (3)(b), that—

(i)A is treating the applicant for the disability specified in the application,

(ii)the applicant is receiving care from A in respect of that disability, or

(iii)A has arranged care or assistance for the applicant in respect of that disability,

(d)that, to the best of A’s knowledge and belief, the applicant has the disability specified in the application and that the applicant cannot reasonably be expected to go in person to the allotted polling station or to vote unaided there by reason of that disability, and

(e)that, to the best of A’s knowledge and belief, the disability specified in the application is likely to continue either indefinitely or for a period specified by A.

(5) Where A is a person referred to in sub-paragraph (2)(l), A must (instead of the matters specified in sub-paragraph (4)(a)) state in the attestation—

(a)A’s name,

(b)that A is authorised to attest the application,

(c)A’s position in the hospital at which the applicant is liable to be detained or is receiving treatment, and

(d)if applicable, the statutory provision under which the applicant is detained, or liable to be detained, at the hospital.

(6) Sub-paragraphs (2) to (5) do not apply where—

(a)the application is based on the applicant’s blindness and the applicant is registered as a blind person by the local authority which is specified in the application under section 29(4)(g) of the National Assistance Act 1948(9), or

(b)the application states that the applicant is in receipt of the higher rate of the mobility component of a disability living allowance (payable under section 73 of the Social Security Contributions and Benefits Act 1992) because of the disability specified in the application.

(7) The fact that an applicant is registered by a local authority under section 29(4)(g) of the National Assistance Act 1948 is sufficient evidence that the applicant is eligible to vote by proxy on the grounds set out in paragraph 3(3)(c).

(2)

1989 c.44, as amended by S.I. 2005/848.

(8)

Section 56 has been amended by SI 2007/3101.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Draft Explanatory Memorandum

Draft Explanatory Memorandum sets out a brief statement of the purpose of a Draft Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources