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

Amendment of the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007

6.—(1) The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007(1) are amended as follows.

(2) Schedule 1 (mayoral elections rules) is amended in accordance with paragraphs (3) and (4).

(3) In Part 4 (contested elections)—

(a) in rule 28 (equipment of polling stations)—

(i) in paragraph (5)—

(aa) in sub-paragraph (a), omit the final “and”;

(bb) in sub-paragraph (b), at the beginning, insert “for a mayoral election in Wales,”;

(cc) after that sub-paragraph insert—

“(c) for a mayoral election 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 37 (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)(2) applies for the purposes of paragraph (5)(c) 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)(c) of this rule.”;

(b) in rule 39 (voting by persons with disabilities), in paragraph (3)—

(i) in sub-paragraph (a), omit the final “and”;

(ii) in sub-paragraph (b), at the beginning insert “for a mayoral election in Wales,”;

(iii) after that sub-paragraph, insert—

“(c) for a mayoral election in England, a person is qualified to assist a voter with disabilities to vote if that person is aged 18 or over.”.

(4) In the Appendix of Forms—

(a) in the list of forms—

(i) in the entry for Form 14 (declaration to be made by the companion of a voter with disabilities), at the end insert “(for use at mayoral elections in Wales)”;

(ii) after that entry, insert “Form 15: Declaration to be made by the companion of a voter with disabilities (for use at mayoral elections in England)”;

(b) after form 14, insert form 15 as set out in Part 1 of Schedule 2 to these Regulations.

(5) Schedule 3 (mayoral election (combination of polls) rules) is amended in accordance with paragraphs (6) and (7).

(6) In Part 4 (contested elections)—

(a) in rule 28 (equipment of polling stations)—

(i) in paragraph (6)—

(aa) in sub-paragraph (a), omit the final “and”;

(bb) in sub-paragraph (b), at the beginning insert “for a mayoral election in Wales,”;

(cc) after sub-paragraph (b) insert—

“(c) for a mayoral election 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 37 (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)(c) 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)(c) of this rule.”;

(b) in rule 39 (voting by persons with disabilities), in paragraph (3)—

(i) in sub-paragraph (a), omit the final “and”;

(ii) in sub-paragraph (b), at the beginning insert “for a mayoral election in Wales,”;

(iii) after that sub-paragraph, insert—

“(c) for a mayoral election in England, a person is qualified to assist a voter with disabilities to vote if that person is aged 18 or over.”.

(7) In the Appendix of Forms—

(a) in the list of forms—

(i) in the entry for form 14 (declaration to be made by the companion of a voter with disabilities), at the end insert “(for use at mayoral elections in Wales)”;

(ii) after that entry insert “Form 15: Declaration to be made by the companion of a voter with disabilities (for use at a mayoral election in England)”;

(b) after form 14, insert form 15 as set out in Part 2 of Schedule 2 to these Regulations.

(1)

S.I. 2007/1024, relevant amending instruments: S.I. 2014/370, 2018/1310. There are other amendments, but they are not relevant to this instrument.

(2)

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