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

Amendment of the Parish and Community Meetings (Polls) Rules 1987

2.—(1) The Schedule to the Parish and Community Meetings (Polls) Rules 1987 (poll rules)(1) is amended as follows.

(2) In the arrangement of rules before rule 1 (timetable)—

(a) in the entry relating to rule 21 (voting by blind persons), at the end insert “: polls in Wales”;

(b) after that entry insert—

“21A Voting by persons with disabilities: polls in England”;

(c) in the entry relating to the form of declaration to be made by the companion of a blind voter, at the end insert “for a poll in Wales”;

(d) after that entry insert—

“Form of declaration to be made by the companion of a voter with disabilities for a poll in England”.

(3) In rule 11 (equipment of polling stations)—

(a) after paragraph (3)(c) insert—

“(d) for a poll in England, 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 19 (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.”;

(b) after paragraph (3) insert—

“(3A) For a poll in England, paragraph (10) of rule 29 of Schedule 1 to the Representation of the People Act 1983 (Parliamentary elections rules: guidance to returning officers)(2) applies for the purposes of paragraph (3)(d) 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 (3)(d) of this rule.”.

(4) In rule 13(a) (notification of requirement of secrecy), after “blind voter”, insert “, or for a poll in England a voter with disabilities,”.

(5) In rule 14(f) (admission to polling station), after “blind voters”, insert “or, for a poll in England, the companions of voters with disabilities”.

(6) In rule 21 (voting by blind persons)—

(a) in the heading, at the end insert “: polls in Wales”;

(b) before paragraph (1) insert—

“(A1) This rule applies to a poll in Wales.”.

(7) After rule 21 insert—

“Voting by persons with disabilities: polls in England

21A.— (1) If, in respect of a poll in England, a voter makes an application to the presiding officer to be allowed on the grounds of disability or inability to read to vote with the assistance of another person by whom the voter is accompanied (in these rules referred to as “the companion”), the presiding officer must require the voter to declare whether the voter is so incapacitated by the voter’s disability or inability to read as to be unable to vote without assistance.

(2) The presiding officer must grant the application if the presiding officer—

(a) is satisfied that the voter is so incapacitated, and

(b) is also satisfied by a written declaration made by the companion (in these rules referred to as “the declaration made by the companion of a voter with disabilities”) that the companion—

(i) is a qualified person within the meaning of paragraph (3), and

(ii) has not previously assisted more than one voter with disabilities to vote at the poll,

and anything which by these rules is required to be done to or by that voter in connection with the giving of the voter’s vote may be done to, or with the assistance of, the companion.

(3) For the purposes of this rule, a person is qualified to assist a voter with disabilities to vote if the person is aged 18 or over.

(4) The name, and number in the register of electors of every voter whose vote is given in accordance with this rule and the name and address of the companion must be entered on a list (in these rules referred to as “the list of voters with disabilities assisted by companions”).

(5) The declaration made by the companion—

(a) must be in the form in the Appendix;

(b) must be made before the presiding officer at the time when the voter applies to vote with the assistance of a companion and must forthwith be given to the presiding officer who must attest and retain it.

(6) No fee or other payment must be charged in respect of the declaration.”.

(8) In rule 25(1)(f) (procedure on close of poll)—

(a) after “by companions” insert “or the list of voters with disabilities assisted by companions”;

(b) after “blind voters” in the second place it occurs, insert “or the declarations made by the companions of voters with disabilities”.

(9) In rule 34(c) (delivery of documents to district council)—

(a) after “by companions”, insert “or the list of voters with disabilities assisted by companions”;

(b) at the end, insert “or the declarations made by the companions of voters with disabilities”.

(10) In the Appendix—

(a) in the heading for form of declaration to be made by the companion of a blind voter, at the end insert “for a poll in Wales”.

(b) after that form, insert the form in Schedule 1 to these Regulations.

(1)

S.I. 1987/1, to which there are amendments not relevant to these Rules.

(2)

Rule 29(10) was inserted by section 9(1) and (2)(c) of the Elections Act 2022 (c. 37).