The Scottish Parliament (Elections etc.) (Amendment) Order 2001

Schedule 3 to the Principal Order (Absent Voting)

19.—(1) Schedule 3 to the principal Order shall be amended in accordance with this article.

(2) Paragraph 1 shall be amended as follows–

(a) in sub-paragraph (1), omit “, in addition to the address which is required by article 8(7), 9(5) or 11(12) (as the case may be)”;

(b) in sub-paragraph (2)(a), omit “and”; and the reference to section 16(d) of the 1983 Act is a reference to that section as amended by paragraph 9(c) of Schedule 1 to the 2000 Act;

(c) for paragraph (b) of sub-paragraph (2) substitute–

“(b) in the case of a voluntary mental patient, the address of the mental hospital or the address shown on the declaration of local connection in accordance with section 7B(3)(d) of the 1983 Act(1);

(c) in the case of a person remanded in custody, the address of the place at which he is detained or the address shown on the declaration of local connection in accordance with section 7B(3)(d) of the 1983 Act; and

(d) in the case of a homeless person, the address shown on the declaration of local connection in accordance with section 7B(3)(d) of the 1983 Act.”.

(d) in sub-paragraph (3) at the end, add

• “An application under article 9(1) or (2) shall also specify whether it is for an indefinite period or for a particular period specified in the application.”.

(3) Paragraph 2 shall be omitted.

(4) Paragraph 4 shall be amended as follows–

(a) in sub-paragraph (1)(a), at end add–

“or, as the case may be, it is the applicant or his spouse who is attending the course provided by an educational institution in respect of which the application is made”.

(b) in sub-paragraph (1)(b), for the words from “or employment” to the end, substitute “, employment or course provided by an educational institution giving rise to the application;”;

(c) for paragraph (d) of sub-paragraph (1) substitute–

“(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 his allotted polling station.”;

(d) in sub-paragraph (2)–

(i) in paragraph (a)(iii) omit “and”;

(ii) in paragraph (b), omit “in any other case”; and

(iii) after paragraph (b), add–

• “; and

  (c)

  in the case of 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 to whom this function is delegated by the principal or head.”;

(e) in sub-paragraph (4)–

(i) in each of paragraphs (a) and (b), after “employed person” add “or the person attending the course”; and

(ii) after sub-paragraph (ii), add–

“; or

(iii) in the case of a person who attests under sub-paragraph (2)(c), the post he holds at the institution.”.

(5) For paragraph 5 substitute–

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

5.   An application under article 9(1) 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 in respect of which it is made will be or are likely to be such that he cannot reasonably be expected to vote in person at his allotted polling station.”.

(6) Omit paragraph 7.

(7) Paragraph 8 shall be amended as follows–

(a) for sub-paragraphs (1) and (2) substitute–

“(1) An application–

(a) to vote by post or proxy under article 8(1);

(b) to vote by post or proxy under article 9(1);

(c) for the appointment of a proxy under article 10(6);

(d) for the appointment of a proxy under article 10(7); or

(e) from a proxy to vote by post under article 11(7),

shall be disregarded for the purposes of any particular election if it is received by the registration officer after 5 p.m. on the sixth day before the date of the poll at that election.

(2) Subject to sub-paragraph (3) below, an application–

(a) by an absent voter to alter his choice as to the manner of absent voting under article 8(6);

(b) from a proxy to vote by post under article 11(4);

(c) by a postal voter for his ballot papers to be sent to a different address or to vote instead by proxy at a particular election under article 9(2); or

(d) from a postal proxy for his ballot papers to be sent to a different address at a particular election under article 11(8),

shall be refused if it is received by the registration officer after 5 p.m. on the eleventh day before the date of the poll at the election for which it was made.”;

(b) in sub-paragraph (3)–

(i) omit “either sub-paragraphs (2) and (3) of paragraph 5 above or”; and

(ii) for “(4)” substitute “(2)”;

(c) in sub-paragraph (4), for the words from “may be disregarded” to the end, substitute–

“shall be disregarded for the purposes of a particular election if it is received by the registration officer after–

(i) 5 p.m. on the eleventh day before the date of the poll at that election, in the case of an application by an elector who is entitled to vote by post to be removed from the record kept under article 8(4), and

(ii) 5 p.m. on the sixth day before the date of the poll at that election, in any other case.”.

(8) In paragraph 9 (grant or refusal of application)–

(a) after sub-paragraph (1) insert–

“(1A) Where the registration officer grants an application for the appointment of a proxy, he shall, where practicable, confirm in writing to the elector that the proxy has been appointed, his name and address and the duration of the appointment.”; and

(b) after sub-paragraph (4) insert–

“(5) At an election where the registration officer is not the returning officer for any constituency or part of a constituency for which he is the registration officer, he shall send to that officer details of any application to vote by post which he has granted as soon as practicable after doing so.”.

(1)

Section 7B was inserted by section 6 of the 2000 Act.