Draft Regulations laid before Parliament under section 201(2) of the Representation of the People Act 1983 and section 154(2) of the Police Reform and Social Responsibility Act 2011 for approval by resolution of each House of Parliament.
2021 No. 0000
The Representation of the People (Proxy Vote Applications) (Coronavirus) Regulations 2021
Made
Coming into force
The Minister for the Cabinet Office makes the following Regulations in exercise of the powers conferred by section 53(1) of the Representation of the People Act 19831 (“the 1983 Act”), paragraphs 3(2), 4(2) and 6(7) of Schedule 4 to the Representation of the People Act 20002 and section 58(1) of the Police Reform and Social Responsibility Act 20113 (“the 2011 Act”), and now vested in the Minister4.
The Minister for the Cabinet Office has consulted the Electoral Commission in accordance with section 7(1) and (2)(e) and (hc) of the Political Parties, Elections and Referendums Act 20005.
In accordance with section 201(2) of the 1983 Act6 and section 154(2) of the 2011 Act, a draft of these Regulations has been laid before and approved by a resolution of each House of Parliament.
Citation, commencement, extent and application1
1
These Regulations may be cited as the Representation of the People (Proxy Vote Applications) (Coronavirus) Regulations 2021 and come into force on the day after the day on which they are made.
2
Amendments made by these Regulations have the same extent and application as the instruments they are amending, except for—
a
regulation 3, which does not apply in relation to a local government election in Wales, and
b
regulation 4, which does not apply in relation to a local government election in Scotland.
Expiry and savings provision2
1
Regulations 3 to 5, except for regulations 3(1) and (2)(a) to (c) and 4(1) and (2)(a) to (c), expire at the end of 28th February 2022.
2
Despite paragraph (1), those regulations continue to have effect after that date in relation to an application made in respect of a relevant election or referendum where—
a
the notice of the election or referendum is published before 1st March 2022, and
b
the poll for that election or referendum takes place on or after that date.
3
In this regulation, “relevant election or referendum” means—
a
a parliamentary election;
b
an election of a police and crime commissioner under Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 20117;
c
a local government election (within the meaning of section 203(1) of the Representation of the People Act 1983)8;
d
any other election or referendum to which Part 4 of the Representation of the People (England and Wales) Regulations 20019 is applied (with or without modifications) by another enactment.
Amendment of the Representation of the People (England and Wales) Regulations 20013
1
The Representation of the People (England and Wales) Regulations 2001 are amended as follows.
2
In regulation 52 (additional requirements for applications for the appointment of a proxy)—
a
the existing text becomes paragraph (1);
b
before that paragraph insert—
A1
Paragraph (1) applies to an application for the appointment of a proxy for the purposes of voting by proxy at a parliamentary election, or at a local government election in England, where that application is—
a
included in an application under paragraph 3 or 4 of Schedule 4 in accordance with regulation 51(6), or
b
otherwise made under paragraph 6(7) of Schedule 4.
c
in that paragraph, omit “for the appointment of a proxy under paragraphs 3 and 4 of Schedule 4”;
d
after that paragraph insert—
2
An application under paragraph 6(7) of Schedule 4 for the appointment of a proxy for the purposes of voting by proxy at a parliamentary election or at a local government election in England, which is made in the circumstances set out in regulation 56(2B), must state that it is so made.
3
In regulation 55 (additional requirements for applications for a proxy vote for a particular election), after paragraph (3) insert—
3ZA
For the purposes of paragraphs (2) and (3), an application on grounds of the applicant’s disability does not include an application on grounds relating to coronavirus within the meaning of regulation 56(3AA)(a), (b) or (c).
4
In regulation 56 (closing date for applications)—
a
in paragraph (2), before “An application” insert “Subject to paragraph (2A),”;
b
after paragraph (2) insert—
2A
An application under paragraph 6(7) of Schedule 4 which is made in the circumstances set out in paragraph (2B) shall be disregarded for the purposes of a particular parliamentary election, or a particular local government election in England, if it is received by the registration officer after 5 pm on the day of the poll at that election.
2B
The circumstances are that—
a
the applicant is, at the time the application is made, included in the register kept under paragraph 3 of Schedule 4, and
b
the person already appointed as the applicant’s proxy at the time the application is made (“P”) considers that they are, or are likely to be, unable to attend the allotted polling station on the day of the poll referred to in paragraph (2A)—
i
for reasons relating to compliance by P with a legal requirement to self-isolate;
ii
because P has been notified that they are clinically extremely vulnerable in respect of coronavirus or (as the case may be) at the highest risk of severe illness from coronavirus, or because attendance would otherwise be contrary to coronavirus advice given to P;
iii
because, due to P’s particular circumstances, attendance would give rise to a risk of transmission of coronavirus by P to another person.
c
in paragraph (3A), after sub-paragraph (a) insert—
aza
in respect of an election other than a local government election in Wales, on grounds relating to coronavirus; or
d
after paragraph (3A) insert—
3AA
For the purposes of paragraph (3A)(aza) an application is made on grounds relating to coronavirus if it is made—
a
because the applicant (“A”) considers that attendance at the allotted polling station would not be permitted due to A’s need to comply with a legal requirement to self-isolate;
b
because A has been notified that they are clinically extremely vulnerable in respect of coronavirus or (as the case may be) at the highest risk of severe illness from coronavirus, or because A considers that attendance at the allotted polling station would otherwise be contrary to coronavirus advice given to A;
c
because A considers that, due to A’s particular circumstances, attendance at the allotted polling station would give rise to a risk of transmission of coronavirus by A to another person;
d
where A already has a person appointed as proxy under paragraph 6(8) of Schedule 4 (“P”), on the ground that P considers that they are, or are likely to be, unable to attend the allotted polling station because any of sub-paragraphs (a), (b) or (c) applies (reading references in those sub-paragraphs to A as references to P).
3AB
In this regulation—
“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);
“coronavirus advice” means advice relating to coronavirus given by a registered medical practitioner or a registered nurse.
Amendment of the Representation of the People (Scotland) Regulations 20014
1
The Representation of the People (Scotland) Regulations 200110 are amended as follows.
2
In regulation 52 (additional requirements for applications for the appointment of a proxy)—
a
the existing text becomes paragraph (1);
b
before that paragraph insert—
A1
Paragraph (1) applies to an application for the appointment of a proxy for the purposes of voting by proxy at a parliamentary election, where that application is—
a
included in an application under paragraph 3 or 4 of Schedule 4 in accordance with regulation 51(6), or
b
otherwise made under paragraph 6(7) of Schedule 4.
c
in that paragraph, omit “for the appointment of a proxy under paragraphs 3 and 4 of Schedule 4”;
d
after that paragraph insert—
2
An application under paragraph 6(7) of Schedule 4 for the appointment of a proxy for the purposes of voting by proxy at a parliamentary election, which is made in the circumstances set out in regulation 56(2B), must state that it is so made.
3
In regulation 55 (additional requirements for applications for a proxy vote for a particular election), after paragraph (3) insert—
3ZA
For the purposes of paragraphs (2) and (3), an application on grounds of the applicant’s disability does not include an application on grounds relating to coronavirus within the meaning of regulation 56(3B)(a), (b) or (c).
4
In regulation 56 (closing date for applications)—
a
in paragraph (2), before “An application” insert “Subject to paragraph (2A),”;
b
after paragraph (2) insert—
2A
An application under paragraph 6(7) of Schedule 4 which is made in the circumstances set out in paragraph (2B) shall be disregarded for the purposes of a particular parliamentary election if it is received by the registration officer after 5pm on the day of the poll at that election.
2B
The circumstances are that—
a
the applicant is, at the time the application is made, included in the register kept under paragraph 3 of Schedule 4, and
b
the person already appointed as the applicant’s proxy at the time the application is made (“P”) considers that they are, or are likely to be, unable to attend the allotted polling station on the day of the poll referred to in paragraph (2A)—
i
for reasons relating to compliance by P with a legal requirement to self-isolate;
ii
because P has been notified that they are clinically extremely vulnerable in respect of coronavirus or (as the case may be) at the highest risk of severe illness from coronavirus, or because attendance would otherwise be contrary to coronavirus advice given to P;
iii
because, due to P’s particular circumstances, attendance would give rise to a risk of transmission of coronavirus by P to another person.
c
in paragraph (3A), after sub-paragraph (a) insert—
aza
on grounds relating to coronavirus; or
d
after paragraph (3A) insert—
3B
For the purposes of paragraph (3A)(aza) an application is made on grounds relating to coronavirus if it is made—
a
because the applicant (“A”) considers that attendance at the allotted polling station would not be permitted due to A’s need to comply with a legal requirement to self-isolate;
b
because A has been notified that they are clinically extremely vulnerable in respect of coronavirus or (as the case may be) at the highest risk of severe illness from coronavirus, or because A considers that attendance at the allotted polling station would otherwise be contrary to coronavirus advice given to A;
c
because A considers that, due to A’s particular circumstances, attendance at the allotted polling station would give rise to a risk of transmission of coronavirus by A to another person;
d
where A already has a person appointed as proxy under paragraph 6(8) of Schedule 4 (“P”), on the ground that P considers that they are, or are likely to be, unable to attend the allotted polling station because any of sub-paragraphs (a), (b) or (c) applies (reading references in those sub-paragraphs to A as references to P).
3C
In this regulation—
“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);
“coronavirus advice” means advice relating to coronavirus given by a registered medical practitioner or a registered nurse.
Amendment of the Police and Crime Commissioner Elections Order 20125
1
Schedule 2 to the Police and Crime Commissioner Elections Order 2012 (absent voting in PCC elections)11 is amended as follows.
2
In paragraph 14 (additional requirements: applications for the appointment of a proxy for a particular PCC election), after sub-paragraph (5) insert—
5ZA
For the purposes of sub-paragraphs (4) and (5), an application on grounds of the applicant’s disability does not include an application on grounds relating to coronavirus within the meaning of paragraph 16(2A)(a), (b) or (c).
3
In paragraph 16 (closing dates for applications)—
a
in sub-paragraph (2), after paragraph (a) insert—
aza
on grounds relating to coronavirus, or
b
after sub-paragraph (2) insert—
2A
For the purposes of sub-paragraph (2)(aza), an application is made on grounds relating to coronavirus if it is made—
a
because the applicant (“A”) considers that attendance at the allotted polling station would not be permitted due to A’s need to comply with a legal requirement to self-isolate;
b
because A has been notified that they are clinically extremely vulnerable in respect of coronavirus or (as the case may be) at the highest risk of severe illness from coronavirus, or because A considers that attendance at the allotted polling station would otherwise be contrary to coronavirus advice given to A;
c
because A considers that, due to A’s particular circumstances, attendance at the allotted polling station would give rise to a risk of transmission of coronavirus by A to another person;
d
where A already has a person appointed as proxy under paragraph 5 (“P”), on the ground that P considers that they are, or are likely to be, unable to attend the allotted polling station because any of paragraphs (a), (b) or (c) applies (reading references in those paragraphs to A as references to P).
2B
In this paragraph—
“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);
“coronavirus advice” means advice relating to coronavirus given by a registered medical practitioner or a registered nurse.
(This note is not part of the Regulations)