The Assistance with Voting for Persons with Disabilities (Amendments) Regulations 2022

Amendment of the Neighbourhood Planning (Referendums) Regulations 2012

11.—(1) The Neighbourhood Planning (Referendums) Regulations 2012(1) are amended as follows.

(2) In Schedule 3 (neighbourhood planning referendums rules)—

(a) in Part 4 (action to be taken before the poll), in rule 18 (equipment of polling stations)—

(i) 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 27 (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.”;

(ii) 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—

(a) the reference in that paragraph to the returning officer were a reference to the counting officer, and

(b) the reference in that paragraph to paragraph (3A)(b) were a reference to paragraph (5)(b) of this rule.”;

(iii) omit paragraph (9);

(b) in Part 5 (the poll), in rule 29(3) (voting by persons with disabilities), for the words from “if that person” in the second place it occurs to the end substitute “if that person is aged 18 or over.”;

(c) in Part 8 (appendix of forms), for Form 13 (declaration to be made by the companion of a voter or proxy with disabilities) substitute the corresponding form in Part 1 of Schedule 6 to these Regulations.

(3) In Schedule 5 (neighbourhood planning referendums (combination of polls) rules)—

(a) in Part 4 (action to be taken before the poll), in rule 18 (equipment of polling stations)—

(i) 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 27 (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.”;

(ii) 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—

(a) the reference in that paragraph to the returning officer were a reference to the relevant returning or counting officer, and

(b) the reference in that paragraph to paragraph (3A)(b) were a reference to paragraph (6)(b) of this rule.”;

(iii) omit paragraph (11);

(b) in Part 5 (the poll), in rule 29(3) (voting by persons with disabilities), for the words from “if that person” in the second place it occurs to the end substitute “if that person is aged 18 or over.”;

(c) in Part 8 (appendix of forms), for Form 14 (declaration to be made by the companion of a voter or proxy with disabilities) substitute the corresponding form in Part 2 of Schedule 6 to these Regulations.

(4) In Schedule 7 (neighbourhood planning business referendums rules)—

(a) in Part 6 (polling stations), in rule 46 (equipment of polling stations)—

(i) 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 54 (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.”;

(ii) 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—

(a) the reference in that paragraph to the returning officer were a reference to the counting officer, and

(b) the reference in that paragraph to paragraph (3A)(b) were a reference to paragraph (5)(b) of this rule.”;

(iii) omit paragraph (9);

(b) in Part 7 (the poll), in rule 56(3) (voting by persons with disabilities), for the words from “if that person” in the second place it occurs to the end substitute “if that person is aged 18 or over.”;

(c) in Part 10 (appendix of forms), for form 9 (declaration to be made by the companion of a named voter with disabilities) substitute the corresponding form in Part 3 of Schedule 6 to these Regulations.

(1)

S.I. 2012/2031; relevant amending instruments are S.I. 2013/798, 2014/333.