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

Statutory Instruments

2022 No. 1309

Representation Of The People

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

Made

7th December 2022

Coming into force in accordance with regulation 1(2) and (3)

The Secretary of State makes these Regulations in exercise of the powers conferred by section 201(3) of, and rule 29(3A)(b) of Schedule 1 to, the Representation of the People Act 1983(1); section 15(5) of the Representation of the People Act 1985(2); paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990(3); sections 52ZQ(1), (2) and (3), and 113(2) of the Local Government Finance Act 1992(4); sections 9HE(1) and (3), 9MG(2), (3) and (4), and 105 of the Local Government Act 2000(5); section 114(1) of, and paragraphs 12(1) and (3) of Schedule 5B to, the Local Democracy, Economic Development and Construction Act 2009(6); sections 58(1) (as extended by section 26(3) of the Welsh Language Act 1993(7)) and (3) and 154(5) of the Police Reform and Social Responsibility Act 2011(8); and sections 18(1) and (2) and 21(3) of the Recall of MPs Act 2015(9).

The Secretary of State has consulted—

(a) the Scottish Ministers in accordance with section 15(5C) of the Representation of the People Act 1985(10);

(b) the Welsh Ministers in accordance with section 15(5D) of the Representation of the People Act 1985(11);

(c) the Electoral Commission in accordance with paragraph 16(5) of Schedule 4B to the Town and Country Planning Act 1990; section 52ZQ(6) of the Local Government Finance Act 1992; section 9HE(4) of the Local Government Act 2000; section 7(1) and (2)(e),(hc) and (k) of the Political Parties, Elections and Referendums Act 2000(12); and paragraph 12(4) of Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009.

A draft of these Regulations has been laid before and approved by a resolution of each House of Parliament in accordance with section 201(2) of the Representation of the People Act 1983(13); section 333(3A) of the Town and Country Planning Act 1990(14); section 52ZQ(7) of the Local Government Finance Act 1992; section 105(6) of the Local Government Act 2000; section 117(2) of the Local Democracy, Economic Development and Construction Act 2009(15); section 154(2) of the Police Reform and Social Responsibility Act 2011; and section 18(8) and 21(6)(a) of the Recall of MPs Act 2015.

(1)

1983 c. 2 (“the RPA 1983”). Section 201(3) was inserted by paragraph 21 of Schedule 1 to the Representation of the People Act 2000 (c. 2) (“the RPA 2000”), and was amended by paragraph 6 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c. 41). Rule 29(3A) was inserted by section 13 of the RPA 2000, and was amended by section 9(1) and (2)(a) of the Elections Act 2022 (c. 37). See section 202(1) of the RPA 1983 for the meaning of “prescribed”.

(2)

1985 c. 50.

(3)

1990 c. 8. Schedule 4B was inserted by Schedule 10 to the Localism Act 2011 (c. 20). Paragraph 16 of Schedule 4B was amended by S.I. 2013/2597, 2021/1265.

(4)

1992 c. 14. Section 52ZQ was inserted by the Schedule 5 to the Localism Act 2011 and was amended by S.I. 2013/2597, 2021/1265. Section 113(2) was amended by paragraph 9 of Part 2 of Schedule 1 to the Local Government Act 1999 (c. 27); by paragraph 52 of Schedule 7 to the Local Government Act 2003 (c. 26); by section 80 of the Localism Act 2011; and by S.I. 2013/2597, 2021/1265.

(5)

2000 c. 22. Sections 9HE and 9MG were inserted by paragraph 1 of Schedule 2 to the Localism Act 2011, and were amended by S.I. 2013/2597, 2021/1265. Section 105 was amended by paragraph 14 of Schedule 3 to the Local Government Act 2003; paragraph 70 of Schedule 3 and paragraph 52 of Schedule 4 to the Localism Act 2011; and by S.I. 2013/2597, 2015/376, 2018/644, 2021/1265.

(6)

2009 c. 20. Schedule 5B was inserted by Schedule 1 to the Cities and Local Government Devolution Act 2016 (c. 1). Paragraph 12 was amended by S.I. 2021/1265.

(7)

1993 c. 38.

(8)

2011 c. 13. Sections 58(1) and 154(5) were amended by S.I. 2021/1265.

(9)

2015 c. 25. See section 22(1) for the definition of “the Minister”.

(10)

Section 15(5C) was inserted by section 4(2) of the Scotland Act 2016 (c. 11).

(11)

Section 15(5D) was inserted by section 5(2) of the Wales Act 2017 (c. 4).

(12)

2000 c. 41. Section 7(2)(hc) was inserted by paragraphs 8 and 10 of Schedule 10 to the Police Reform and Social Responsibility Act 2011. Section 7(2)(k) was inserted by paragraph 3 of Schedule 6 to the Recall of MPs Act 2015.

(13)

Section 201(2) was substituted by paragraph 69 of Schedule 4 to the RPA 1985. It was amended by paragraph 6 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000; section 13 of the Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13); and by S.I. 1991/1728. It is prospectively amended by paragraph 1(9)(a) of Schedule 8 to the Elections Act 2022 (c. 37) from a date and time to be appointed.

(14)

Section 333(3A) was inserted by paragraph 22 of Schedule 12 to the Localism Act 2011 (c. 20).

(15)

Section 117(2) was substituted by section 13(2) of the Localism Act 2011.