The Local Authorities (Conduct of Referendums)(England) Regulations 2012

Voting by persons with disabilities E+W

28.—(1) If a voter or proxy makes an application to the presiding officer to be allowed, on the ground of—

(a) blindness or other disability; or

(b) inability to read,

to vote with the assistance of another person by whom he or she is accompanied (in these Rules referred to as “the companion”), the presiding officer must require the voter or proxy to declare, orally or in writing, whether he or she is so incapacitated by his or her blindness or other disability, or by his or her inability to read, as to be unable to vote without assistance.

(2) [F1 Subject to paragraph (2A), if] the presiding officer—

(a) is satisfied that the voter or proxy 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 or proxy with disabilities”) that the companion—

(i) is a qualified person within the meaning of this rule; and

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

the presiding officer must grant the application, and then anything which is by these Rules required to be done to or by that voter or proxy in connection with the giving of his or her vote may be done to, or with the assistance of, the companion.

[F2 (2A) Paragraphs (1A) to (1M) of rule 26 apply in the case of a voter or proxy who applies under paragraph (a) as they apply in the case of a voter or proxy who applies under rule 26(1), but as if—

(a) references to delivering a ballot paper to a voter or proxy were to granting a voter’s or proxy’s application, and

(b) in rule 26(1G), the reference to paragraph (1) of rule 26 were to paragraph (1) of this rule.]

(3) For the purposes of these Rules, a person is a voter or proxy with disabilities if he or she has made such a declaration as is mentioned in paragraph (1), and a person [F3 is qualified to assist a voter or proxy with disabilities to vote if that person is aged 18 or over.]

(4) The name and number in the register of electors of every person 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 or proxies with disabilities assisted by companions”). In the case of a person voting as proxy for a voter, the number to be entered together with the proxy's name shall be the number in the register of the voter.

(5) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (4) applies as if for “in the register of electors of every person” there were substituted “ relating to every person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act ”.

(6) The declaration made by the companion of a voter or proxy with disabilities—

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

(b) must be made before the presiding officer at the time when the voter or proxy applies to vote with the assistance of a companion; and

(c) must forthwith be given to the presiding officer who must attest and retain it.

(7) No fee or other payment shall be charged in respect of the declaration.

Textual Amendments

F1 Words in Sch. 3 rule 28(2) substituted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 48(10)(a) (with reg. 1(6)(7))

F2 Sch. 3 rule 28(2A) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 48(10)(b) (with reg. 1(6)(7))

F3 Words in Sch. 3 rule 28(3) substituted (29.12.2022) by The Assistance with Voting for Persons with Disabilities (Amendments) Regulations 2022 (S.I. 2022/1309), regs. 1(3), 8(2)(b) (with reg. 1(4))