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The European Parliamentary Elections (Northern Ireland) Regulations 2004

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Version Superseded: 31/12/2020

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[F1Additional requirements for applications on grounds of blindness or other disabilityN.I.

4.(1) An application under regulation 8(4)(b) must specify the disability by reason of which it is made.

(2) Subject to sub-paragraph (3), such an application must be attested and signed by [F2a person who is registered in the register and who is]

(a)a registered medical practitioner;

[F3(b)a registered nurse;

(ba)a social worker registered under the principal part of the register maintained by the Northern Ireland Social Care Council under section 3 of the Health and Personal Social Services Act (Northern Ireland) 2001;]

(c)a Christian Science practitioner;

(d)the person registered under the Registered Homes (Northern Ireland) Order 1992) as carrying on a residential care home within the meaning of article 3 of that Order or a nursing home within the meaning of article 16 of that Order, where the application states that the applicant is resident in such a home;

(e)the person in charge of residential accommodation provided under article 15 of the Health and Personal Social Services (Northern Ireland) Order 1972, where the application states that the applicant is resident in such accommodation; or

(f)the manager or other person in charge of premises forming one of a group of premises provided for persons of pensionable age or persons with a disability for which there is a resident manager or other person in charge, where the application states that the applicant resides in such premises.

(3) The person attesting the application must state—

(a)his name and address and the qualification by virtue of which he attests the application;

[F4(aa)that he is registered in the register;]

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

(c)that to the best of his 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.

(4) Sub-paragraphs (2) and (3) shall not apply where—

(a)the application is based on the applicant’s blindness and the applicant is registered as a blind person by [F5a Health and Social Care trust] which is specified in the application; or

[F6(aa)the application states that the applicant is in receipt of armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 because of the disability specified in the application; or]

[F7(b)the application states that the applicant is in receipt of—

(i)the higher rate of attendance allowance (payable under section 65 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992);

(ii)the highest rate of the care component or the higher rate of the mobility component (or both) of a disability living allowance (payable under section 72 and 73 of that Act),

because of the disability specified in the application]; [F8or

(c)the application states that the applicant is in receipt of the enhanced rate of the daily living component or the enhanced rate of the mobility component (or both) of personal independence payment (payable under Articles 83(2) and 84(2) of the Welfare Reform (Northern Ireland) Order 2015) because of the disability specified in the application.]

(5) The fact that an applicant is registered with [F9a Health and Social Care trust] as a blind person shall be deemed sufficient evidence that the applicant is eligible for an absent vote on the grounds set out in regulation 8(4)(b).]

Textual Amendments

F3Sch. 2 para. 4(2)(b) (ba) substituted for Sch. 2 para. 4(2)(b) (1.1.2014) by The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2013 (S.I. 2013/2893), regs. 1(2), 21(3) (with reg. 1(3))

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