Electoral Act 1993

86 Registration of mentally incapable persons

• (1) Where a person lacks, wholly or partly, the capacity to understand the nature of the decision to register as an elector, one of the persons listed in subsection (2) may register that person as an elector by making an application in respect of that person in the prescribed form.

  (2) The persons who may register, as an elector, a person to whom subsection (1) applies are—

  • (a) any registered elector:

  • (b) the welfare guardian appointed for that person under section 12(1) of the Protection of Personal and Property Rights Act 1988:

  • (c) the attorney appointed by that person under an enduring power of attorney.

  (3) Where a person described in subsection (2)(b) registers, as an elector, a person to whom subsection (1) applies, the first-mentioned person must state in the application that registration of the person as an elector is one of the aspects of the personal care and welfare of that person in relation to which the welfare guardian was appointed.

  (4) Where a person described in subsection (2)(c) registers, as an elector, a person to whom subsection (1) applies, the first-mentioned person must state in the application that—

  • (a) registration as an elector of the person is one of the matters relating to the personal care and welfare of that person in relation to which the attorney is authorised to act under an enduring power of attorney; and

  • (b) the occasion for the attorney to act has arisen under section 98(3) of the Protection of Personal and Property Rights Act 1988.

  (5) A person described in subsection (2) who registers, as an elector, a person to whom subsection (1) applies may also, on behalf of that person,—

  • (a) sign and return the form for the purposes of section 78(3); or

  • (b) decide whether it is necessary to return a form sent to that person under section 83 and, if necessary, sign and return the form together with any corrections to the information contained in it; or

  • (c) sign and return a form for the purposes of section 83D; or

  • (d) sign and forward a statement for the purposes of section 97(3).

  (6) Nothing in this section has the effect of extending the assistance that may be given to persons voting in accordance with section 170.

  Compare: 1956 No 107 s 48A(1)–(4), (5)(b), (c), (6)

  Section 86(5): substituted, on 18 March 2002, by section 26 of the Electoral Amendment Act 2002 (2002 No 1).