The Assistance with Voting for Persons with Disabilities (Principal Area, Parish and Greater London Authority Elections) (Amendments) Rules 2022

Amendment of the Local Elections (Parishes and Communities) (England and Wales) Rules 2006

4.—(1) The Local Elections (Parishes and Communities) (England and Wales) Rules 2006(1) are amended as follows.

(2) In Schedule 2 (rules for conduct of an election of councillors of a parish where poll is not taken together with poll at another election)—

(a) in Part 3 (contested elections)—

(i) in rule 26 (equipment of polling stations)—

(aa) for paragraph (5)(b) substitute—

“(b) such equipment as it is reasonable to provide for the purposes of enabling, or making it easier for, relevant persons to vote independently in the manner directed by rule 35 (voting procedure), including in relation to voting secretly; and for this purpose “relevant persons” means persons who find it difficult or impossible to vote in that manner because of—

(i) blindness or partial sight, or

(ii) another disability.”;

(bb) after paragraph (5) insert—

“(5A) Paragraph (10) of rule 29 of Schedule 1 to the 1983 Act (Parliamentary elections rules: guidance to returning officers) applies for the purposes of paragraph (5)(b) of this rule as it applies for the purposes of that rule, but as if the reference in that paragraph to paragraph (3A)(b) were a reference to paragraph (5)(b) of this rule.”;

(cc) omit paragraph (9);

(ii) in rule 37(3) (voting by persons with disabilities), for the words from “shall be qualified” to the end substitute “is qualified to assist a voter with disabilities to vote if that person is aged 18 or over.”;

(b) in Part 7 (appendix of forms), for the form of declaration to be made by the companion of a voter with disabilities, substitute the corresponding form in Part 1 of Schedule 3 to these Regulations.

(3) In Schedule 3 (rules for conduct of an election of councillors of a parish where the poll is taken together with the poll at a relevant election or referendum)—

(a) in Part 3 (contested elections)—

(i) in rule 26 (equipment of polling stations)—

(aa) for paragraph (6)(b) substitute—

“(b) such equipment as it is reasonable to provide for the purposes of enabling, or making it easier for, relevant persons to vote independently in the manner directed by rule 35 (voting procedure), including in relation to voting secretly; and for this purpose “relevant persons” means persons who find it difficult or impossible to vote in that manner because of—

(i) blindness or partial sight, or

(ii) another disability.”;

(bb) after paragraph (6) insert—

“(6A) Paragraph (10) of rule 29 of Schedule 1 to the 1983 Act (Parliamentary elections rules: guidance to returning officers) applies for the purposes of paragraph (6)(b) of this rule as it applies for the purposes of that rule, but as if the reference in that paragraph to paragraph (3A)(b) were a reference to paragraph (6)(b) of this rule.”;

(cc) omit paragraph (11);

(ii) in rule 37(3) (voting by persons with disabilities), for the words from “shall be qualified” to the end substitute “is qualified to assist a voter with disabilities to vote if that person is aged 18 or over.”;

(b) in Part 7 (appendix of forms), for the form of declaration to be made by the companion of a voter with disabilities, substitute the corresponding form in Part 2 of Schedule 3 to these Regulations.

(1)

S.I. 2006/3305; relevant amending instruments are: S.I. 2014/492, 2018/1310, 2022/263 (W. 79).