OpenLegislation

Article 15 Proxy voting

Original text. Later amendments are not shown.

In schedule 3 (absent voting)f1—

(a)

after paragraph 7(7B) (additional requirements for applications for a proxy vote in respect of a particular election)f2 insert—

“(7C)

Sub-paragraph (7D) applies where such an application (or an application under article 10(7) made by virtue of that application) is made after 5 pm on the sixth day before the date of the poll at the election for which it is made and on the grounds that the applicant cannot reasonably be expected to vote in person at the applicant’s allotted polling station because—

(a)

the applicant is acting as a companion to another person, whilst that person is receiving medical care or treatment, and

(b)

the medical care or treatment will take place, or is likely to take place, on the date of the poll for the election for which the application was made.

(7D)

An application to which sub-paragraph (7C) applies must be attested and signed by a person who—

(a)

is aged 16 years or over,

(b)

knows the applicant, and

(c)

is not related to the applicant.

(7E)

The person (“P”) attesting an application under sub-paragraph (7D) must—

(a)

certify that the information required by sub-paragraph (1) is true to the best of P’s knowledge and belief,

(b)

state—

(i)

P’s name and address,

(ii)

that P is aged 16 years or over,

(iii)

that P knows, but is not related, to the applicant,

(iv)

the reasons why the applicant was unable to make the application before 5 pm on the sixth day before the date of the poll at the election for which it is made.”,

(b)

for paragraph 7A (emergency change of proxy: coronavirus)f3 substitute—

“Emergency change of proxy: proxy unable to vote in person

7A
(1)

This paragraph applies where—

(a)

a proxy is appointed to vote for a person (“the elector”) at a forthcoming Scottish parliamentary election (whether or not the proxy is appointed only for that particular election),

(b)

the proxy is not entitled to vote by post at that election, and

(c)

the circumstances of the proxy on the date of the poll will, or are likely to, be such that they cannot be reasonably expected to vote in person at the polling station allotted or likely to be allotted to the elector.

(2)

Where this paragraph applies, the elector may apply to the ERO for an alternative person to be appointed as their proxy under article 10(6) (appointment of a proxy for an indefinite period or for a period specified in the application) or article 10(7) (appointment of a proxy for the particular election).

(3)

An application to which sub-paragraph (2) applies must state the reasons why the circumstances of the proxy on the date of the poll will, or are likely to, be such that they cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to the elector.”,

(c)

in paragraph 9(4) (closing dates for applications)f4—

(i)

in head (c), for “and the applicant became detained in a penal institution after 5 pm on the sixth day before the date of the poll at the election for which it is made” substitute “relating to the applicant’s detention in a penal institution”,

(ii)

at the end of head (d), omit “or”,

(iii)

insert “or” at the end of head (e),

(iv)

after head (e), insert—

“(f)

on the grounds set out in paragraph 7(7C) and the applicant became aware of those grounds after 5 pm on the sixth day before the date of the poll at the election for which it is made,”.

Annotations

Footnotes

f1

Schedule 3 was relevantly amended by paragraph 2(5)(b) of schedule 1 of the Scottish Elections (Franchise and Representation) Act 2020 (asp 6), S.S.I. 2020/426, S.S.I. 2021/164.

f2

Paragraph 7(7B) was added by paragraph 2(5)(b) of schedule 1 of the Scottish Elections (Franchise and Representation) Act 2020 (asp 6).

f3

Paragraph 7A was added by S.S.I. 2021/164.

f4

Paragraph 9 was relevantly amended by S.S.I. 2020/426 and S.S.I. 2021/164.