The Representation of the People (Proxy Vote Applications) (Coronavirus) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the rules on proxy vote applications and deadlines for certain elections to expand eligibility for those affected by coronavirus. Regulation 2 provides that most of the amendments will expire automatically at the end of 28th February 2022, subject to a savings provision for polls which have already been notified on or before that date.

Regulation 3 amends the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) which apply to UK parliamentary elections and certain local government elections in England and Wales and (by virtue of being applied by other legislation) to certain other local elections and referendums in England. The amendments made do not apply to Welsh local government elections.

The amendments to regulation 52 firstly clarify that it applies to applications to appoint a proxy under paragraph 6(7) of Schedule 4 to the Representation of the People Act 2000 (“the 2000 Act”), and secondly insert a new requirement that late applications to change a proxy because they are affected by coronavirus must state that information.

The amendment to regulation 55 ensures that the requirement for medical attestation of an application does not apply where it is made on coronavirus grounds.

The amendments to regulation 56 ensure that an application by someone with a long-term proxy arrangement to change the person who is appointed as their proxy, and an application for an emergency proxy, can both be done up to 5pm on the day of the poll, where made on coronavirus grounds. Those grounds include where a person is self-isolating due to having coronavirus, or being at risk of having it, or where a person who has already been appointed as an applicant’s proxy is similarly affected by coronavirus.

Regulation 4 makes the same changes to the Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497) in respect of applications to vote by proxy in UK parliamentary elections and by-elections in Scotland.

Regulation 5 makes the same changes to the Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917) in respect of emergency applications to vote by proxy in a police and crime commissioner election.

An impact assessment has not been produced for this instrument as no, or no significant, impact on business, charities or the public or voluntary sector is foreseen.