The Recall of MPs Act 2015 (Recall Petition) Regulations 2016

Additional requirements for applications for a proxy signature for a definite or an indefinite period on grounds of blindness or other disability: England and Wales and Scotland E+W+S

64.—(1) An application to sign the petition by proxy for a particular or indefinite period under regulation 51(2) in pursuance of the grounds under paragraph (3)(c) of that regulation must specify the disability by reason of which it is made.

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

(a) a registered medical practitioner(1);

(b) a registered nurse(2);

(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 pharmacist within the meaning of article 3(1) of the Pharmacy Order 2010(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 registered as a member of a profession to which the Health and Social Work Professions Order 2001(8) extends;

(j) the person registered—

(i) in England and Wales, as carrying on a care home registered under Part 2 of the Care Standards Act 2000(9), or

(ii) in Scotland, as managing a care home service registered under Part 5 of the Public Services Reform (Scotland) Act 2010(10),

where the applicant is resident in such a home;

(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 states that he or she resides in such premises;

(l) a manager—

(i) in England and Wales, within the meaning of section 145(1) of the Mental Health Act 1983(11), or

(ii) in Scotland, within the meaning of section 329 of the Mental Health (Care and Treatment) (Scotland) Act 2003(12) responsible for the administration of a hospital within the meaning of that section,

or a person authorised to act on behalf of such a manager for these purposes;

(m) a person registered in the register of social workers maintained—

(i) in England, in accordance with the Health and Social Work Professions Order 2001;

(ii) in Wales, in accordance with section 56 of the Care Standards Act 2000, or

(iii) in Scotland, in accordance with section 44 of the Regulation of Care (Scotland) Act 2001(13).

(3) A person who qualifies—

(a) by virtue of any of paragraphs (2)(a) to (i) may not attest an application for these purposes unless—

(i) the 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

(b) by virtue of paragraph (2)(m) may not attest an application for these purposes unless—

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

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

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

(4) The person attesting the application must state—

(a) their name and address and the qualification by virtue of which they attest the application;

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

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

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

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

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

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

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

(d) that, to the best of their 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 their allotted petition signing place or to sign unaided there by reason of that disability; and

(e) that, to the best of their 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) Paragraphs (2) to (4) do not apply where—

(a) the application is based on the applicant’s blindness and—

(i) in England, the applicant is registered by the local authority which is specified in the application as a person who is severely sight-impaired under section 77(1) of the Care Act 2014 (registers of sight-impaired adults)(14);

(ii) in Wales, the applicant is registered as a blind person by the local authority which is specified in the application and which has made arrangements for the applicant under section 29(1) of the National Assistance Act 1948(15);

(iii) in Scotland, the applicant is registered as a blind person by the local authority which is specified in the application; or

(b) the applicant is in receipt of—

(i) 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)(16),

(ii) the enhanced rate of the mobility component of personal independence payment (payable under section 79(2) of the Welfare Reform Act 2012)(17), or

(iii) the armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011(18),

because of the disability specified in the application.

(6) The fact that an applicant is registered with a local authority as a person who is severely sight-impaired or as a blind person, as mentioned in paragraph (5)(a), is to be deemed sufficient evidence that the applicant is eligible to sign the petition by proxy on the grounds set out in regulation 51(3)(c).

(7) A manager (or person authorised to act on behalf of such a manager) attesting an application by virtue of paragraph (2)(l) must, instead of the matters specified in paragraph (4)(a), state in the attestation—

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

(b) that the person is authorised to attest the application;

(c) the position of the person 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 liable to be detained at the hospital (where applicable).

Commencement Information

I1 Reg. 64 in force at 4.3.2016, see reg. 1

(1)

A registered medical practitioner means a fully registered person within the meaning of the Medical Act 1983 (c. 54) who holds a licence to practise under that Act; see Schedule 1 to the Interpretation Act 1978 (c. 30).

(2)

A registered nurse means a nurse registered in the register maintained under article 5 of the Nursing and Midwifery Order 2001 (S.I. 2002/253) by virtue of qualifications in nursing; see Schedule 1 to the Interpretation Act 1978.

(3)

1984 c. 24.

(4)

1989 c. 44.

(5)

S.I. 2010/231.

(6)

1993 c. 21.

(7)

1994 c. 17.

(8)

S.I. 2002/254.

(9)

2000 c. 14.

(10)

2010 asp. 8.

(11)

1983 c. 20.

(12)

2003 asp. 13.

(13)

2001 asp. 8.

(14)

2014 c. 23.

(15)

1948 c. 29.

(16)

1992 c. 4.

(17)

2012 c. 5.

(18)

S.I. 2011/2552.