Representation Of The People Citation, commencement and transitional provision 1 1 These Regulations may be cited as the Representation of the People (Absent Voting at Local Government Elections) (Scotland) Amendment Regulations 2021 and come into force on 30 October 2021. 2 The amendments made by these Regulations do not apply in relation to an election for which the date of poll is on or before 4 May 2022. Amendment of the Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007 2 The Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007 are amended in accordance with regulations 3, 4, 5 and 6. Emergency applications to vote by proxy on grounds of disability 3 1 In regulation 10, after paragraph (3) insert— 3A Paragraph (3B) applies where— a an application under paragraph 4(2) of Schedule 4 is made in the circumstances described in paragraph (2), and b the applicant became disabled before 5 p.m. on the sixth day before the date of the poll at the election for which it is made. 3B Where this paragraph applies, the application must state the reasons why the applicant was unable to make the application before 5 p.m. on the sixth day before the date of the poll at the election for which it was made. . 2 In regulation 11(4), after sub-paragraph (a) insert— aaa on grounds of the applicant’s disability where— i the applicant became disabled before 5 p.m. on the sixth day before the poll at the election for which it is made; and ii by virtue of that disability, the applicant could not reasonably be expected to have made an application before 5 p.m. on the sixth day before that poll; . Emergency applications for appointment of a replacement proxy 4 For regulation 7, substitute— Additional requirements for applications for the appointment of a proxy 7 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. . 5 1 Regulation 11 is amended as follows. 2 In paragraph (2), for “An application” substitute “Subject to paragraphs (4A) and (4B), an application”. 3 In paragraph (3), for “Subject to paragraph (4)” insert “Subject to paragraphs (4), (4A) and (4B)”. 4 After paragraph (4), insert— 4A Paragraph (4B) applies to an application by an elector under paragraph 6 of schedule 4 for an alternative person to be appointed as their proxy where— a the proxy currently appointed for the elector is not entitled to vote by post at the election, and b 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. 4B An application to which this paragraph applies must be refused where the application is received after 5 p.m. on the day of the poll at the election for which it is made. . Applications to vote by proxy on grounds of detention 6 1 In Regulation 10, for paragraphs (5E) and (5F) substitute— 5E Where an application under paragraph 4(2) of Schedule 4 is made on grounds relating to the applicant’s detention in a penal institution, the application must state the name of the penal institution at which the applicant is detained. . 2 In Regulation 11(4), after sub-paragraph (b) insert— c by a person to whom section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies, . JOHN SWINNEY A member of the Scottish Government St Andrew’s House, Edinburgh 13th September 2021