The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006

PART 6 Absent Voting: Proxy Applications

Persons who may attest applications for a proxy vote

42.—(1) Regulation 53(1) is amended as follows.

(2) In the heading to regulation 53, for the words “physical incapacity or blindness” substitute “blindness or any other disability”.

(3) In paragraph (1) for “the physical incapacity” substitute “the disability”.

(4) For paragraphs (2), (3) and (4) substitute—

“(2) Subject to paragraph (3) below, such an application shall be attested and signed by—

(a) a registered medical practitioner;

(b) a nurse registered on the register maintained by the Nursing and Midwifery Council under article 5 of the Nursing and Midwifery Order 2001(2) by virtue of qualifications in nursing;

(c) a registered dentist as defined by section 53(1) of the Dentists Act 1984(3);

(d) a registered dispensing optician or a registered optometrist within the meaning of the Opticians Act 1989(4);

(e) a registered pharmaceutical chemist as defined by section 24(1) of the Pharmacy Act 1954(5);

(f) a registered osteopath as defined by section 41 of the Osteopaths Act 1993(6);

(g) a registered chiropractor as defined by section 43 of the Chiropractors Act 1994(7);

(h) a Christian Science practitioner;

(i) a person for the time being listed in the British Psychological Society’s Register of Chartered Psychologists;

(j) a person registered as a member of a profession to which the Health Professions Order 2001(8) for the time being extends;

(k) the person carrying on a care home registered under Part 2 of the Care Standards Act 2000(9);

(l) the warden of premises forming one of a group of premises provided for persons of pensionable age or disabled persons for which there is a resident warden, where the applicant states that he resides in such premises;

(m) a manager within the meaning of section 145(1) of the Mental Health Act 1983(10), or on behalf of such a manager; or

(n) a person registered in the register for social workers maintained in accordance with section 56 of the Care Standards Act 2000.

(3) A person who qualifies—

(a) by virtue of any of sub-paragraphs (a) to (j) of paragraph (2) above, may not attest an application for these purposes unless—

(i) he is treating the applicant for the disability specified in the application; or

(ii) the applicant is receiving care from him in respect of that disability; or

(b) by virtue of sub-paragraph (n) of paragraph (2) above, may not attest an application for these purposes unless—

(i) he is treating the applicant for the disability specified in the application;

(ii) the applicant is receiving care from him in respect of that disability; or

(iii) he has arranged care or assistance for the person in respect of their disability.

(4) The person attesting the application shall state—

(a) his name and address and the qualification by virtue of which he attests the application;

(b) where the person who attests the application is a person referred to in paragraph (3)(a) above, that—

(i) he is treating the applicant for the disability specified in the application; or

(ii) the applicant is receiving care from him in respect of that disability;

(c) where the person who attests the application is a person referred to in paragraph (3)(b) above, that—

(i) he is treating the applicant for the disability specified in the application;

(ii) the applicant is receiving care from him in respect of that disability; or

(iii) he has arranged care or assistance for the applicant in respect of that disability;

(d) that, to the best of his knowledge and belief, the applicant has the disability 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 disability; and

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

(5) In paragraph (5)(b), for the words “physical incapacity” substitute “disability”.

(6) After paragraph (5) insert—

“(5A) A person who qualifies by virtue of sub-paragraph (m) of paragraph (2) above, shall, instead of the matters specified in paragraph (4)(a) above, state in the attestation—

(i) his name;

(ii) his position in the hospital at which the applicant is liable to be detained or at which he is receiving treatment;

(iii) that he is a person authorised to make the attestation; and

(iv) in the case of an applicant who is liable to be detained in hospital, the statutory provision under which the applicant is liable to be so detained.”

Additional requirements for certain proxy applications for a particular election

43.—(1) Regulation 55(11) shall be amended as follows.

(2) In paragraph (2)(a) for “physical incapacity” substitute “disability”.

(3) In paragraph (3)—

(a) for “regulation 53(4)” substitute “regulation 53”; and

(b) for “physically incapacitated” substitute “disabled”.

(4) After paragraph (3) insert—

“(4) Where an application under paragraph 4(2) of Schedule 4 is made by a person to whom paragraph 2(5A) of that Schedule applies after 5 p.m. on the sixth day before the date of the poll at the election for which it is made, the requirements of paragraph (5) below as to the matters to be specified and as to attestation shall apply.

(5) Where an application mentioned in paragraph (4) above is made—

(a) the application shall additionally state the name and address of the hospital at which the applicant is liable to be detained; and

(b) the application shall be attested by or on behalf of a manager, within the meaning of section 145(1) of the Mental Health Act 1983, of the hospital at which the applicant is liable to be detained, and the attestation shall state—

(i) the name of the person attesting the application;

(ii) his position in the hospital at which the applicant is liable to be detained;

(iii) that he is a person authorised to make the attestation; and

(iv) the statutory provision under which the applicant is liable to be detained in the hospital.

(6) This regulation does not apply where an applicant has an anonymous entry.”

Closing date for applications

44.—(1) Regulation 56(12) shall be amended as follows.

(2) For paragraph (3A) substitute—

“(3A) Where an application made under paragraph 4(2) of Schedule 4 is made—

(a) on the grounds of the applicant’s disability and the applicant became disabled after 5 p.m. on the sixth day before the date of the poll at the election for which it is made; or

(b) by a person to whom paragraph 2(5A) of that Schedule applies,

the application, or an application under paragraph 6(8) of that Schedule made by virtue of that application, shall be refused if it is received after 5 p.m. on the day of the poll at the election for which it is made.”

(1)

Regulation 53 was amended by S.I. 2001/1700, 2002/881 and 2004/1771.

(2)

S.I. 2002/253.

(3)

1984 c. 24.

(4)

1989 c. 44.

(5)

1954 c. 61.

(6)

1993 c. 21.

(7)

1994 c. 17.

(8)

S.I. 2002/254.

(9)

2000 c. 14.

(10)

1983 c. 20. The interpretation of “the managers” in section 145(1) has been amended by the National Health Service Reform and Health Care Professions Act 2002 (c.17), Schedule 2 Part 2, paragraph 49; S.I. 2001/2469; the Health Authorities Act 1995 (c.17), Schedule 1, paragraph 107(14); the Health Act 1999 (c. 8), sections 41(2) and 65; the National Health Service and Community Care Act 1990 (c.19), Schedule 9 paragraph 16; the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), Schedule 4 paragraph 57; the Care Standards Act 2000 (c.14), Schedule 4 paragraph 9.

(11)

Regulation 55 has been amended by S.I. 2006/752.

(12)

Regulation 56 has been amended by S.I. 2001/1700 and 2006/752.