The Representation of the People (Absent Voting at Local Government Elections) (Amendment) (Coronavirus) (Scotland) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

Paragraph 4 of schedule 4 of the Representation of the People Act 2000(1) makes provision for absent voting at a particular election in Scotland and subparagraph (2)(a) specifically provides that the returning officer shall grant an application to vote by proxy where satisfied that the applicant’s circumstances of the date of the poll will be or are likely to be such that the applicant cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to the applicant. The circumstances of individuals shielding or self-isolating would fall into that category.

These regulations amend the Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007. They enable individuals shielding or self-isolating to apply for an “emergency proxy” by adding applications by individuals following Scottish Government or medical advice in relation to coronavirus to the categories of applications listed in regulation 11(4) of those regulations which shall be refused if they are received after 5 p.m. on the day of the poll at the election for which they are made.

(1)

2000 c.2; paragraph 3 of schedule 4 was amended by section 9(3) of the Scottish Elections (Franchise and Representation) Act 2020 (asp 6).