The Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007

Made: 2nd March 2007

Laid before the Scottish Parliament: 6th March 2007

Coming into force: 2nd May 2007

The Scottish Ministers, in exercise of the powers conferred by sections 33 and 61(2) of the Local Electoral Administration and Registration Services (Scotland) Act 2006[^f00001] and of all other powers enabling them in that behalf, make the following Regulations:

Citation and commencement

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• (1) These Regulations may be cited as the Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007.

• (2) These Regulations shall come into force on 2nd May 2007.

Interpretation

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• (1) In these Regulations–

• “the 1983 Act” means the Representation of the People Act 1983[^f00002];

• “the 2001 Regulations” means the Representation of the People (Scotland) Regulations 2001[^f00003];

• “the 2006 Act” means the Local Electoral Administration and Registration Services (Scotland) Act 2006;

• “absent voter” means an elector who is entitled to vote by proxy, or an elector or proxy who is entitled to vote by post, only at local government elections in Scotland or at a particular local government election in Scotland;

• “absent voting records” means any one or more of the records kept pursuant to paragraph 3(4) or 7(6), or the lists kept pursuant to paragraph 5 or 7(8), of Schedule 4;

• “allotted polling station” means the polling station allotted or likely to be allotted to an elector under the appropriate rules (as defined in paragraph 1 of Schedule 4);

• “anonymous entry” shall be construed in accordance with section 9B of the 1983 Act;

• “the personal identifiers record” means the record kept by the registration officer under section 21(6) (absent vote applications: provision of personal identifiers) of the 2006 Act;

• “registration officer” has the meaning given by section 8(1) of the 1983 Act; and

• “returning officer” is to be construed in accordance with section 41 (returning officers: local elections in Scotland) of the 1983 Act;

• “Schedule 4” means Schedule 4 to the Representation of the People Act 2000[^f00004].

• “universal postal service provider” means a universal service provider within the meaning of Part 3 of the Postal Services Act 2011;

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General requirements for applications for an absent vote at a local government election in Scotland

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• (1) An application under Schedule 4 (absent voting in Great Britain) must comply with the requirements of this regulation and such further requirements in these Regulations as are relevant to the application.

• (2) The application must state–

• (a) the full name of the applicant;

• (b) the address in respect of which the applicant is registered or has applied to be (or is treated as having applied to be) registered in the register of local government electors, except in the case of an application under paragraph 7(4) or (7) (voting as proxy) of Schedule 4;

• (c) in the case of a person applying to vote by proxy, the proxy’s address, together with the name of the elector for whom the applicant will act as proxy and the elector’s address for the purposes of sub-paragraph (b);

• (d) in the case of a person applying to vote by post, the address to which the ballot paper should be sent; and

• (e) in the case of an application to vote by proxy, the grounds on which the elector claims to be entitled to an absent vote.

• (f) in the case of a person who is unable to provide a signature, the reasons for that person’s request that the registration officer dispense with the requirement under section 21(3) of the 2006 Act to provide the applicant’s signature and the name and address of any person who has assisted the applicant to complete the application; and

• (g) where the applicant has, or has applied for, an anonymous entry, that fact.

• (3) The application shall be made in writing and shall be dated.

• (3A) Where an application is required to contain a signature and date of birth, the information must be set out in a manner that is sufficiently clear and unambiguous as to be capable of electronic scanning by configuring the information as follows–

• (a) the signature shall appear against a background of white unlined paper at least 5 centimetres long and 2 centimetres high; and

• (b) the applicant’s date of birth shall be set out numerically configured in the sequence of date, month and year, namely [d][d][m][m][y][y][y][y].

• (3B) Where the application contains a request that the registration officer dispense with the requirement for a signature, paragraph (3A)(a) shall not apply.

• (4) An application under Schedule 4 which is made for an indefinite period, or a particular period specified in the application, must state that it is so made.

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) An application under Schedule 4 which is made for a particular local government election must–

• (a) state that it is so made, and

• (b) identify the election in question,

but, where the poll at one election falls on the same day as the poll at another election, the application shall, unless a contrary intention appears, apply to both elections.

• (6) Where an application is made to vote by proxy, it must include an application for the appointment of a proxy which meets the requirements of regulation 7.

Additional provision concerning the requirement that an application for an absent vote must be signed by the applicant

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The registration officer may confirm–

• (a) whether an application under Schedule 4 meets any requirement that it has been signed by the applicant and states the applicant’s date of birth by referring to any signature and date of birth–

• (i) previously provided by the applicant to the registration officer or the returning officer; or

• (ii) previously provided by the applicant to the council by which the registration officer was appointed or a registrar of births, deaths and marriages, if held by the council or registrar in records which the registration officer is authorised to inspect for the purposes of that officer’s registration duties;

• (b) whether the applicant is unable to provide a signature or a consistent signature due to any disability or inability to read or write.

Additional requirement for applications for ballot papers to be sent to different address from that stated in application

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• (1) Paragraph (2) applies where–

• (a) in the case of an application to vote by post under paragraph 3(1) and (7) (absent vote at elections for definite or indefinite period) or 4(1) (absent vote at particular election) of Schedule 4, the addresses stated in accordance with regulation 3(2)(b) and (d) are different;

• (b) in the case of an application by a proxy to vote by post under paragraph 7(4) (voting as proxy) of Schedule 4, the proxy’s address stated in accordance with regulation 3(2)(c) and the address stated in accordance with regulation 3(2)(d) are different.

• (2) The application must set out why the applicant’s circumstances will be or are likely to be such that the applicant requires the ballot paper to be sent to the address stated in accordance with regulation 3(2)(d).

• (3) This regulation does not apply where an applicant has, or has applied for, an anonymous entry.

Additional requirements for applications for ballot papers to be sent to different address from that shown in the record kept under paragraph 3(4) or 7(6) of Schedule 4

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• (1) An application under–

• (a) paragraph 4(3)(a) (absent vote at particular election) of Schedule 4 by a person shown as voting by post in the record kept under paragraph 3(4) of that Schedule; or

• (b) paragraph 7(7) (voting as proxy) of that Schedule by a person shown as voting by post in the record kept under paragraph 7(6) of that Schedule,

for that person’s ballot paper to be sent to a different address from that shown in the record must set out why the applicant’s circumstances will be or are likely to be such that the applicant requires the ballot paper to be sent to that address.

• (2) This regulation does not apply where an applicant has, or has applied for, an anonymous entry.

Additional requirements for applications for ballot papers to be sent to different address from that shown in the record kept under paragraph 3(4) or 7(6) of Schedule 4

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An application for the appointment of a proxy under paragraph 6 (proxies at election) of schedule 4 must—

• (a) state the full name and address of the person whom the applicant wishes to appoint as the applicant’s proxy, together with that person’s family relationship, if any, with the applicant,

• (b) if it is signed only by the applicant, contain a statement by the applicant that the person so named has been consulted and that that person is capable of being, and willing to be, appointed to vote as the applicant’s proxy,

• (c) if it is also signed by the person to be appointed, contain a statement by that person that they are capable of being, and willing to be, appointed to vote as the applicant’s proxy, and

• (d) in the case of an application to which regulation 11(4B) applies, 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.

Additional requirements for applications for the appointment of a proxy

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• (1) An application to vote by proxy for a particular or indefinite period under paragraph 3(3)(b) (absent vote at elections for definite or indefinite period – blindness or physical incapacity) of Schedule 4 shall specify the disability by reason of which it is made.

• (2) Subject to paragraph (3) below, such an application must 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[^f00005] by virtue of qualifications in nursing;

• (c) a registered dentist as defined by section 53(1) of the Dentists Act 1984[^f00006];

• (d) a registered dispensing optician or a registered optometrist within the meaning of the Opticians Act 1989[^f00007];

• (e) a registered pharmacist as defined in article 3(1) of the Pharmacists and Pharmacy Technicians Order 2007;

• (f) a registered osteopath as defined by section 41 of the Osteopaths Act 1993[^f00009];

• (g) a registered chiropractor as defined by section 43 of the Chiropractors Act 1994[^f00010];

• (h) a Christian Science practitioner;

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (k) the person carrying on a care home registered under Part 5 of the Public Services Reform (Scotland) Act 2010;

• (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 the applicant resides in such premises;

• (m) a manager (or a person on behalf of a manager) within the meaning of section 329(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003[^f00013] responsible for the administration of a hospital within the meaning of Part 2 of that Act; or

• (n) a person registered as a social worker in the register maintained in accordance with section 44 of the Regulation of Care (Scotland) Act 2001.

• (3) A person who qualifies–

• (a) by virtue of paragraph (2)(a) to (j), may not attest an application for these purposes unless–

• (i) that person is treating the applicant for the disability specified in the application; or

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

• (b) by virtue of paragraph (2)(n), may not attest an application for these purposes unless–

• (i) that person is treating the applicant for the disability specified in the application;

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

• (iii) that person has arranged care and assistance for the applicant in respect of their disability.

• (4) The person attesting an application under paragraph (2), other than a person attesting by virtue of paragraph (2)(m), must state–

• (a) the person’s name and address and the qualification by virtue of which that person attests the application;

• (b) where the person who attests the application is a person referred to in paragraph (3)(a), that he or she is treating the applicant for the disability specified in the application or that the applicant is receiving care from that person in respect of that disability;

• (c) where the person who attests the application is a person referred to in paragraph (3)(b), that he or she is treating the applicant for the disability specified in the application, that the applicant is receiving care from that person in respect of that disability, or that he or she has arranged care or assistance for the applicant in respect of that disability;

• (d) that, to the best of the person’s knowledge and belief, the applicant has the disability specified in the application and that the applicant cannot reasonably be expected to go in person to the allotted polling station or to vote unaided there by reason of that disability; and

• (e) that, to the best of the person’s 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) A manager (or a person on behalf of a manager) attesting an application under paragraph (2)(m) must state–

• (a) the name and address of the manager attesting the application;

• (b) that the manager is authorised to attest the application;

• (c) the position of the manager in the hospital at which the applicant is liable to be detained or at which the applicant is receiving treatment;

• (d) the statutory provision under which the applicant is detained, or is liable to be detained, at the hospital, where applicable;

• (e) that, to the best of the manager’s knowledge and belief, the applicant has the disability specified in the application and that the applicant cannot reasonably be expected to go in person to the allotted polling station or to vote unaided there by reason of that disability; and

• (f) that to the best of the manager’s knowledge and belief, the disability specified in the application is likely to continue either indefinitely or for a period specified by the manager attesting the application.

• (6) Paragraphs (2) to (5) above shall not apply where–

• (a) the application is based on the applicant’s blindness; ...

• (aa) the applicant is in receipt of the higher rate of the mobility component of child disability payment (payable in accordance with regulation 13 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021), or short-term assistance (payable in accordance with Part 1 of the schedule (short-term assistance) of those Regulations) where the “earlier determination” referred to in paragraph 1(1)(a) of that schedule awarded the higher rate of the mobility component of child disability payment because of the disability specified in the application and makes a statement to that effect in the application, ...

• (ab) the applicant is in receipt of the enhanced rate of the mobility component of adult disability payment (payable in accordance with regulation 6 (mobility component) of the Disability Assistance for Working Age People (Scotland) Regulations 2022), or short-term assistance (payable in accordance with Part 1 of schedule 2 (short-term assistance) of those Regulations) where the “earlier determination” referred to in paragraph 1(1)(a) of that schedule awarded the enhanced rate of the mobility component of adult disability payment because of the disability specified in the application and makes a statement to that effect in the application, or

• (b) 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) , the enhanced rate of the mobility component of personal independence payment (payable under section 79(2) of the Welfare Reform Act 2012) or armed forces independence payment (under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011) because of the disability specified in the application and makes a statement to that effect in the application , or

• (c) the applicant is in receipt of the higher rate of the mobility component of Scottish adult disability living allowance (payable in accordance with regulation 8 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025, or short-term assistance (payable in accordance with Part 1 of schedule 1 (short-term assistance) of those Regulations) where the “earlier determination” referred to in paragraph 1(1)(a) of schedule 1 (entitlement to short-term assistance) of those Regulations awarded the higher rate of the mobility component of Scottish adult disability living allowance because of the disability specified in the application and makes a statement to that effect in the application

• (7) The fact that an applicant is registered with the local authority shall be deemed sufficient evidence that the applicant is eligible to vote by proxy on the grounds set out in paragraph 3(3)(b) of Schedule 4.

Additional requirements for applications for a proxy vote for a particular or indefinite period on grounds of blindness or other disability

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• (1) An application to vote by proxy for a particular or indefinite period under paragraph 3(3)(c) (absent vote at elections for definite or indefinite period – occupation, service, employment, etc.) of Schedule 4 must state–