Paragraph 7 Additional requirements for applications for a proxy vote for a particular or indefinite period on grounds of severe sight-impairment or other disabilityI1

England and Wales

(1)

An application to vote by proxy for a particular or indefinite period under article 6(2) for a reason under article 6(3)(c) (application by reason of severe sight-impairment or other disability) must specify the disability by reason of which the application is made.

(2)

Subject to sub-paragraph (5), such an application must be attested and signed by either—

(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^f1 by virtue of qualifications in nursing,

(c)

a registered dentist as defined by section 53(1) of the Dentists Act 1984^f2,

(d)

a registered dispensing optician or a registered optometrist within the meaning of section 36(1) of the Opticians Act 1989^f3,

(e)

a registered pharmacist as defined by article 3(1) of the Pharmacy Order 2010^f4,

(f)

a registered osteopath as defined by section 41 of the Osteopaths Act 1993^f5,

(g)

a registered chiropractor as defined by section 43 of the Chiropractors Act 1994^f6,

(h)

a Christian Science practitioner,

(i)

a person registered as a member of a profession to which the Health Professions Order 2001^f7 for the time being extends,

(j)

a person who is registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016^f8 as the provider of a regulated care home service, within the meaning of that Part, which is provided wholly or mainly to persons aged 18 or over,

(k)

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 resides in such premises,

(l)

a manager within the meaning of section 145(1) of the Mental Health Act 1983^f9 or on behalf of such a manager,

(m)

a person registered in a register for social workers maintained in accordance with section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016^f10,

(n)

a person registered in the register of social workers in England maintained under section 39(1) of the Children and Social Work Act 2017^f11, or

(o)

a person registered as either a physician associate or an anaesthesia associate under the Anaesthesia Associates and Physician Associates Order 2024^f12.

(3)

A person (“P”) may only attest an application—

(a)

by virtue of any of paragraphs (a) to (i) of sub-paragraph (2) if—

(i)

P is treating the applicant for the disability specified in the application,

(ii)

the applicant is receiving care from P in respect of that disability, or

(iii)

P is a social worker who qualifies by virtue of sub-paragraph (2)(i), and has arranged care or assistance for the applicant in respect of their disability, or

(b)

by virtue of sub-paragraph (2)(m) if—

(i)

P is treating the applicant for the disability specified in the application,

(ii)

the applicant is receiving care from P in respect of that disability, or

(iii)

P has arranged care or assistance for the applicant in respect of the disability.

(4)

Where P attests an application, subject to sub-paragraph (6), P must state—

(a)

their name and address and the provision in sub-paragraph (2) under which they may attest the application,

(b)

where they attest the application under sub-paragraph (3)(a), that—

(i)

they are treating the applicant for the disability specified in the application, or

(ii)

the applicant is receiving care from them in respect of that disability,

(c)

where they attest the application under sub-paragraph (3)(b), that—

(i)

they are treating the applicant for the disability specified in the application,

(ii)

the applicant is receiving care from them in respect of that disability, or

(iii)

they have arranged care or assistance for the applicant in respect of that disability, and

(d)

that, to the best of their knowledge and belief—

(i)

the applicant has the disability specified in the application and cannot reasonably be expected to go in person to their allotted polling station, or to vote unaided there, by reason of that disability, and

(ii)

the disability specified in the application is likely to continue either indefinitely or for such period as may be specified by the person attesting the application.

(5)

Sub-paragraphs (2) to (4) do not apply where—

(a)

the application is based on the applicant’s severe sight-impairment and the applicant is registered, in a register kept under section 18(1) of the Social Services and Well-being (Wales) Act 2014^f13, as a severely sight-impaired person by the local authority which is specified in the application,

(b)

the application states that the applicant is in receipt of the higher rate of the mobility component of a disability living allowance, payable under section 73 of the Social Security Contributions and Benefits Act 1992^f14, because of the disability specified in the application,

(c)

the application states that the applicant is in receipt of the enhanced rate of the mobility component of personal independence payment, payable under section 79(2) of the Welfare Reform Act 2012^f15, because of the disability specified in the application, or

(d)

the applicant is in receipt of an armed forces independence payment under article 24A of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011^f16, because of the disability specified in the application.

(6)

A person who attests an application by virtue of sub-paragraph (2)(l) must, instead of the matters specified in sub-paragraph (4)(a), state—

(a)

their name,

(b)

their position in the hospital at which the applicant is liable to be detained or at which the applicant is receiving treatment,

(c)

that they are a person authorised to make the attestation, and

(d)

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.

(7)

The fact that an applicant is registered as severely sight-impaired by a local authority in Wales in a register kept under section 18(1) of the Social Services and Well-being (Wales) Act 2014 will be deemed sufficient evidence that the applicant is eligible for an absent vote on the grounds set out in article 6(3)(c).

(8)

In this paragraph, “the allotted polling station” in relation to an elector, means the polling station allotted or likely to be allotted to the elector under rule 34 of Schedule 5.

Annotations

Commencement

I1: Sch. 1 para. 7 in force at 18.7.2025, see art. 1(2)

Footnotes

f1: S.I. 2002/253, amended by S.I. 2009/1182 and S.I. 2018/838.
f2: 1984 c. 24. There are amendments to section 53(1) which are not relevant here.
f3: 1989 c. 44. The definition of “registered dispensing optician” in section 36 was amended by S.I. 2019/593. The definition of registered optometrist in section 36 was amended by S.I. 2005/848; S.I. 2007/3101 and S.I. 2019/593.
f4: S.I. 2010/231. The definition of “registered pharmacist” was amended by S.I. 2019/593 and S.I. 2024/347.
f5: 1993 c. 21. The definition of “registered osteopath” in section 41 was amended by S.I. 2019/593.
f6: 1994 c. 17. The definition of “registered chiropractor” in section 43 was amended by S.I. 2019/593.
f7: S.I. 2002/254. Article 9 (registration) was amended by paragraph 14 of Schedule 5 to the Children and Social Work Act 2017 (c. 16); S.I. 2007/3101; S.I. 2013/1286; S.I. 2014/1887; S.I. 2019/593 and S.I. 2023/1286. Other amendments have been made to the Order that are not relevant here.
f8: 2016 anaw 2.
f9: 1983 c. 20. The definition of “the managers” in section 145(1) was amended by paragraph 24 of Schedule 9 to the National Health Service and Community Care Act 1990 (c. 19); section 1 of the Mental Health (Amendment) Act 1994 (c. 6); paragraph 107 of Schedule 1 to the Health Authorities Act 1995 (c. 17); paragraph 1 of Schedule 5 to the Health Act 1999 (c. 8); paragraph 57 of Schedule 4 to the Health and Social Care (Community Health and Standards) Act 2003 (c. 43); paragraph 70 of Schedule 1 to the National Health Service (Consequential Provisions) Act 2006 (c. 43); section 46 of, and paragraph 17 of Schedule 1 to, the Mental Health Act 2007 (c. 12); paragraph 31 of Schedule 5 to the Health and Social Care Act 2012 (c. 7); S.I. 2007/961 and S.I. 2010/813. Other amendments have been made to section 145(1) that are not relevant here.
f10: Section 80 was amended by S.I. 2016/1030 and S.I. 2019/761.
f11: 2017 c. 16.
f12: S.I. 2024/374.
f13: 2014 anaw 4.
f14: 1992 c. 4. Section 73 was amended by section 67 of the Welfare Reform and Pensions Act 1999 (c. 30); paragraph 145 of Schedule 1 to the National Health Service (Consequential Provisions) Act 2006 (c. 43); section 53 of, and paragraph 2 of Schedule 7 and paragraph 1 of Schedule 8 to, the Welfare Reform Act 2007 (c. 5); and section 14 of the Welfare Reform Act 2009 (c. 24).
f15: 2012 c. 5.
f16: S.I. 2011/517. Article 24A was inserted by S.I. 2013/436 and was subsequently amended by S.I. 2017/247, S.I. 2023/323 and S.I. 2024/347.