The Scottish Parliament (Elections etc.) Order 2002

Additional requirements for applications on grounds of physical incapacity

2.—(1) An application under paragraph (1), as read with paragraph (3)(b), of article 9 shall specify the physical incapacity by reason of which the application is made.

(2) Subject to sub-paragraphs (3) and (5) below, such an application shall be attested and signed by–

(a) a registered medical practitioner;

(b) a registered nurse within the meaning of section 7(7) of the Nurses, Midwives and Health Visitors Act 1997(1); or

(c) a Christian Science practitioner;

(d) in the case of an application in which the applicant states that he is resident in an establishment within the meaning of section 61 of the Social Work (Scotland) Act 1968(2) in respect of which a person is required to be registered under that section, that person;

(e) in the case of an application in which the applicant states that he is resident in residential accommodation provided by a local authority under section 59(2) of the Social Work (Scotland) Act 1968, the matron or other person in charge of that accommodation;

(f) in the case of an application in which the applicant states that he resides in premises forming one of a group of premises–

(i) which are provided for persons of pensionable age or physically disabled persons; and

(ii) for which there is a resident warden,

that warden.

(3) But a person may not attest an application under the said article 9(1) and (3)(b) by virtue of sub paragraph (2)(a), (b) or (c) above, unless he is treating the applicant for the physical incapacity specified in accordance with sub-paragraph (1) above or the applicant is receiving care from him in respect of that incapacity.

(4) The person attesting an application under sub-paragraph (2) above shall state–

(a) his name and address and the qualification by virtue of which he is authorised to attest the application and, where the person attests the application by virtue of sub paragraph (2)(a), (b) or (c) above, that he is treating the applicant for the physical incapacity specified in accordance with sub-paragraph (1) above or that the applicant is receiving care from him in respect of that incapacity;

(b) that, to the best of his knowledge and belief, the applicant is suffering from the physical incapacity specified in the application and that he cannot reasonably be expected to go in person to his allotted polling station or to vote unaided there, by reason of that incapacity; and

(c) that, to the best of his knowledge and belief, the physical incapacity specified in the application is likely to continue either indefinitely or for a period specified by the person attesting the application.

(5) Sub-paragraphs (2) and (4) above shall not apply where–

(a) the application is based on the applicant’s blindness and the applicant is registered as a blind person by a local authority, or by a local society for the blind, which is specified in the application;

(b) the application states that the applicant is (under section 73 of the Social Security Contributions and Benefits Act 1992(3) in receipt of the higher rate of the mobility component of a disability living allowance (payable under section 71 of that Act) because of the physical incapacity specified in the application in pursuance of sub-paragraph (1) above.

(6) The fact that an applicant is registered with a local authority or local society for the blind shall be deemed sufficient evidence that he is eligible for an absent vote on the grounds set out in article 9(3)(b).

(7) In this paragraph and paragraphs 3 and 4 below, “his allotted polling station”, in relation to an elector, means the polling station allotted or likely to be allotted to him under this Order.

(1)

1997 c. 24.

(2)

1968 c. 49.

(3)

1992 c. 4.