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

Amendment of the Local Authorities (Conduct of Referendums) (England) Regulations 2012

8.—(1) The Local Authorities (Conduct of Referendums) (England) Regulations 2012(1) are amended as follows.

(2) In Schedule 3 (Local Government Act referendums rules)—

(a) in Part 4 (action to be taken before the poll), in rule 17 (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 26 (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 28 (voting by persons with disabilities), in paragraph (3) for the words from “shall be qualified” to the end substitute “is qualified to assist a voter or proxy with disabilities to vote if that person is aged 18 or over.”;

(c) in Part 8 (appendix of forms), for the form of declaration to be made by the companion of a voter or proxy with disabilities, substitute the corresponding form in Part 1 of Schedule 3 to these Regulations.

(3) In Schedule 5 (Local Government Act referendums (combination of polls) rules)—

(a) in Part 4 (action to be taken before the poll), in rule 17 (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 28 (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 30 (voting by persons with disabilities), in paragraph (3), for the words from “shall be qualified” to the end substitute “is qualified to assist a voter or proxy with disabilities to vote if that person is aged 18 or over.”;

(c) in Part 8 (appendix of forms), for the form of declaration to be made by the companion of a voter or proxy with disabilities, substitute the corresponding form in Part 2 of Schedule 3 to these Regulations.

(1)

S.I. 2012/323, amended by S.I. 2014/924; there are other amending instruments, but none is relevant.