(Sheriff Court of Lothian and Borders) The court considered the construction of the words ‘unable or likely to be unable to go in person to the polling station’, so as to qualify somebody to apply for a postal vote under the 1949 Act. This led to the question of just how difficult it had to be for a voter to be able to attend the polling station before he could be characterised as being ‘unable’ to go in person.
Held: The words were to be construed with regard to the legislative purpose of the statute: ‘I should have thought that the exceptions laid down in section 12(1) were designed to encourage an elector to exercise his vote rather than put difficulties in his way.’
Citations:
1980 SLT 39
Statutes:
Representation of the People Act 1949 12(1)
Cited by:
Cited – Secretary of State for the Home Department, Regina (on the Application of) v Asylum Support Adjudicator and others Admn 16-May-2006
The Asylum Support adjudicators had allowed appeals by the asylum failed seekers, and had awarded them support. The Secretary of State now appealed. The failed asylum seekers had been unable to leave the country and having been refused support were . .
Lists of cited by and citing cases may be incomplete.
Scotland, Elections
Updated: 14 May 2022; Ref: scu.244197
