2022 No. 1309
Representation Of The People

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

Made
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 19831; section 15(5) of the Representation of the People Act 19852; paragraph 16 of Schedule 4B to the Town and Country Planning Act 19903; sections 52ZQ(1), (2) and (3), and 113(2) of the Local Government Finance Act 19924; sections 9HE(1) and (3), 9MG(2), (3) and (4), and 105 of the Local Government Act 20005; section 114(1) of, and paragraphs 12(1) and (3) of Schedule 5B to, the Local Democracy, Economic Development and Construction Act 20096; sections 58(1) (as extended by section 26(3) of the Welsh Language Act 19937) and (3) and 154(5) of the Police Reform and Social Responsibility Act 20118; and sections 18(1) and (2) and 21(3) of the Recall of MPs Act 20159.

The Secretary of State has consulted—

(a)
the Scottish Ministers in accordance with section 15(5C) of the Representation of the People Act 198510;
(b)
the Welsh Ministers in accordance with section 15(5D) of the Representation of the People Act 198511;
(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 200012; 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 198313; section 333(3A) of the Town and Country Planning Act 199014; 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 200915; 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.

Citation, commencement, saving, extent and application1.

(1)

These Regulations may be cited as the Assistance with Voting for Persons with Disabilities (Amendments) Regulations 2022.

(2)

This regulation and regulations 3, 4 and 7 come into force immediately before section 9 of the Elections Act 2022 (assistance with voting for persons with disabilities)16 comes into force for all purposes.

(3)

The remainder come into force on the 22nd day after the day on which these Regulations are made.

(4)

The amendments made by these Regulations do not apply to an election, referendum or recall petition in respect of which the date of the poll specified in the notice of election or referendum, or the beginning of the petition signing period specified in the notice of petition (as the case may be), is on or before 3rd May 2023.

(5)

The amendments made by these Regulations have the same extent and application as the provision amended, except for the amendments made by regulation 6 which do not apply in relation to mayoral elections in Wales.

Amendment of the Representation of the People (Scotland) Regulations 19862.

In regulation 98 of the Representation of the People (Scotland) Regulations 1986 (modification of parliamentary elections rules)17—

(a)

in paragraph (11), for “blind person”, substitute “persons with disabilities”, and

(b)

omit paragraph (22).

Amendment of the Representation of the People (England and Wales) Regulations 20013.

In the Representation of the People (England and Wales) Regulations 200118, omit regulation 12 (device referred to in rule 29(3A)(b) of parliamentary elections rules).

Amendment of the Representation of the People (Scotland) Regulations 20014.

In the Representation of the People (Scotland) Regulations 200119, omit regulation 12 (device referred to in rule 29(3A)(b) of parliamentary elections rules).

Amendment of the Representation of the People (Combination of Polls) (England and Wales) Regulations 20045.

(1)

Schedule 2 to the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 (modifications to parliamentary elections rules)20 is amended as follows.

(2)

In paragraph 29—

(a)

the existing text becomes sub-paragraph (1).

(b)

in that sub-paragraph, for “In” substitute “Subject to sub-paragraph (2), in”;

(c)

after that sub-paragraph, insert—

“(2)

Sub-paragraph (1) does not apply where the poll at a parliamentary election is taken with—

(a)

the poll at a local government election in Wales;

(b)

the poll at a mayoral election in accordance with regulations made under section 44 and 105 of the 2000 Act.”.

(3)

In the Appendix of Forms, for the form of declaration to be made by the companion of a voter with disabilities, substitute the corresponding form in Schedule 1 to these Regulations.

Amendment of the Local Authorities (Mayoral Elections) (England and Wales) Regulations 20076.

(1)

The Local Authorities (Mayoral Elections) (England and Wales) Regulations 200721 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)22 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.

Amendment of the Representation of the People (Northern Ireland) Regulations 20087.

In the Representation of the People (Northern Ireland) Regulations 200823, omit regulation 12 (device referred to in rule 29(3A)(b) of elections rules).

Amendment of the Local Authorities (Conduct of Referendums) (England) Regulations 20128.

(1)

The Local Authorities (Conduct of Referendums) (England) Regulations 201224 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.

Amendment of the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 20129.

(1)

The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 201225 are amended as follows.

(2)

In Schedule 3 (Local Government Finance 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 voter 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 4 to these Regulations.

(3)

In Schedule 5 (Local Government Finance 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 4 to these Regulations.

Amendment of the Police and Crime Commissioner Elections Order 201210.

(1)

The Police and Crime Commissioner Elections Order 201226 is amended as follows.

(2)

Schedule 3 (rules for the conduct of PCC elections where poll not taken together with poll at another election) is amended in accordance with paragraphs (3) and (4).

(3)

In Part 3 (contested PCC elections)—

(a)

in rule 29 (equipment of polling stations)—

(i)

for paragraph (5)(c) substitute—

“(c)

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 39 (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)(c) 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 local returning officer, and

(b)

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

(iii)

omit paragraph (6);

(b)

in rule 41(3) (voting by persons with disabilities), for the words from “person” in the second place it occurs to the end substitute “person is aged 18 or over”.

(4)

In Part 8 (forms referred to in parts 1 to 7), for form 18 (declaration to be made by companion of a voter with disabilities), substitute the corresponding form in Schedule 5 to these Regulations.

(5)

In Schedule 4 (combination of polls), in Part 3 (modifications to PCC elections rules), in rule 24 (equipment of polling stations), in paragraph (4) in the inserted text, renumber paragraph (5A) as paragraph (5ZA).

Amendment of the Neighbourhood Planning (Referendums) Regulations 201211.

(1)

The Neighbourhood Planning (Referendums) Regulations 201227 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.

Amendment of the Recall of MPs Act 2015 (Recall Petition) Regulations 201612.

(1)

In regulation 19 of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016 (equipment at petition signing place)28—

(a)

for paragraph (4)(b) substitute—

“(b)

such equipment as it is reasonable to provide for the purposes of enabling, or making it easier for, relevant persons to sign the signing sheet independently in the manner directed by regulation 27 (signing procedure: England and Wales and Scotland) or regulation 28 (signing procedure: Northern Ireland); and for this purpose “relevant persons” means persons who find it difficult or impossible to sign the signing sheet because of—

(i)

blindness or partial sight, or

(ii)

another disability.”;

(b)

after paragraph (4) insert—

“(4A)

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 (4)(b) of this regulation 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 petition officer, and

(b)

the reference in that paragraph to paragraph (3A)(b) were a reference to paragraph (4)(b) of this regulation.”.

Amendment of the Combined Authorities (Mayoral Elections) Order 201713.

(1)

The Combined Authorities (Mayoral Elections) Order 201729 is amended as follows.

(2)

In Schedule 1 (combined authority mayoral elections rules)—

(a)

in Part 4 (contested elections)—

(i)

in rule 28 (equipment of polling stations)—

(aa)

for paragraph (5)(c) substitute—

“(c)

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.”;

(bb)

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)(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.”;

(cc)

omit paragraph (9);

(ii)

in rule 39(3)(b) (voting by persons with disabilities), for the words from “either” to the end substitute “aged 18 or over”;

(b)

in Part 9 (appendix of forms), for form 14 (declaration to be made by the companion of a voter with disabilities), substitute the corresponding form in Part 1 of Schedule 7 to these Regulations.

(3)

In Schedule 3 (combined authority mayoral election (combination of polls) rules)—

(a)

in Part 4 (contested elections)—

(i)

in rule 28 (equipment of polling stations)—

(aa)

for paragraph (6)(c) substitute—

“(c)

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.”;

(bb)

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.”;

(cc)

omit paragraph (11);

(ii)

in rule 39(3)(b) (voting by persons with disabilities), for the words from “either” to the end substitute “aged 18 or over”;

(b)

in Part 9 (appendix of forms), for form 14 (declaration to be made by the companion of a voter with disabilities), substitute the corresponding form in Part 2 of Schedule 7 to these Regulations.

Amendment of the Police and Crime Commissioner Elections (Welsh Forms) Order 202114.

In Schedule 2 to the Police and Crime Commissioner Elections (Welsh Forms) Order 2021 (Welsh versions of prescribed forms)30, for form 18 (declaration to be made by companion of a voter with disabilities), substitute the corresponding form in Schedule 8 to these Regulations.

Signed by authority of the Secretary of State for Levelling Up, Housing and Communities

Lee Rowley
Parliamentary Under Secretary of State
Department for Levelling Up, Housing and Communities

SCHEDULE 1Representation of the People (Combination of Polls) (England and Wales) Regulations 2004: New Form

Regulation 5

Form of declaration to be made by the companion of a voter with disabilities

Form of declaration to be made by the companion of a voter with disabilities - Parliamentary election combined with local election / referendum - page 1

Form of declaration to be made by the companion of a voter with disabilities - Parliamentary election combined with local election / referendum - page 2

SCHEDULE 2Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007: New Forms

Regulation 6

Part 1New form for use at a mayoral election in England not taken together with another election or referendum

Form 15: Declaration to be made by the companion of a voter with disabilities for a mayoral election in England

Form of declaration to be made by the companion of a voter with disabilities for a mayoral election in England - Local authority mayoral election - page 1

Form of declaration to be made by the companion of a voter with disabilities for a mayoral election in England - Local authority mayoral election - page 2

Part 2New form for use at a mayoral election in England when combined with another election or referendum

Form 15: Declaration to be made by the companion of a voter with disabilities for a mayoral election in England

Form of declaration to be made by the companion of a voter with disabilities for a mayoral election in England combined with a local election / referendum - page 1

Form of declaration to be made by the companion of a voter with disabilities for a mayoral election in England combined with a local election / referendum - page 2

SCHEDULE 3Local Authorities (Conduct of Referendums) (England) Regulations 2012: New Forms

Regulation 8

Part 1Form for use at Local Government Act referendum not taken with another election or referendum

Declaration to be made by the companion of a voter or proxy with disabilities

Form of declaration to be made by the companion of a voter or proxy with disabilities for a local authority referendum - page 1

Form of declaration to be made by the companion of a voter or proxy with disabilities for a local authority referendum - page 2

Part 2Form for use at Local Government Act referendum when combined with another election or referendum

Declaration to be made by the companion of a voter or proxy with disabilities

Form of declaration to be made by the companion of a voter or proxy with disabilities for a local authority referendum when combined with another election or referendum - page 1

Form of declaration to be made by the companion of a voter or proxy with disabilities for a local authority referendum when combined with another election or referendum - page 2

SCHEDULE 4Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012: New Forms

Regulation 9

Part 1Form for use at Local Government Financial Act referendum not taken with another election or referendum

Form of declaration to be made by the companion of a voter or proxy with disabilities

Form of declaration to be made by the companion of a voter with disabilities for a local authority council tax referendum - page 1

Form of declaration to be made by the companion of a voter with disabilities for a local authority council tax referendum - page 2

Part 2Form for use at Local Government Financial Act referendum when combined with another election or referendum

Form of declaration to be made by the companion of a voter or proxy with disabilities

Form of declaration to be made by the companion of a voter with disabilities for a local authority council tax referendum when combined with another election or referendum - page 1

Form of declaration to be made by the companion of a voter with disabilities for a local authority council tax referendum when combined with another election or referendum - page 2

SCHEDULE 5Police and Crime Commissioner Elections Order 2012: New Form

Regulation 10

Form 18: declaration to be made by the companion of a voter with disabilities

Form of declaration to be made by the companion of a voter with disabilities for a Police and Crime Commissioner election - page 1

Form of declaration to be made by the companion of a voter with disabilities for a Police and Crime Commissioner election - page 2

SCHEDULE 6Neighbourhood Planning (Referendums) Regulations 2012: New Forms

Regulation 11

Part 1Form for residential neighbourhood planning referendum not taken with another election or referendum

Form 13: declaration to be made by the companion of a voter or proxy with disabilities

Form of declaration to be made by the companion of a voter with disabilities for a neighbourhood planning referendum - page 1

Form of declaration to be made by the companion of a voter with disabilities for a neighbourhood planning referendum - page 2

Part 2Form for residential neighbourhood planning referendum when combined with another election or referendum

Form 14: declaration to be made by the companion of a voter or proxy with disabilities

Form of declaration to be made by the companion of a voter with disabilities for a neighbourhood planning referendum combined with another form of election or referendum - page 1

Form of declaration to be made by the companion of a voter with disabilities for a neighbourhood planning referendum combined with another form of election or referendum - page 2

Part 3Form for business neighbourhood planning referendums

Form 9: declaration to be made by the companion of a named voter with disabilities

Form of declaration to be made by the companion of a voter with disabilities for a business referendum on neighbourhood plan / neighbourhood development order - page 1

Form of declaration to be made by the companion of a voter with disabilities for a business referendum on neighbourhood plan / neighbourhood development order - page 2

SCHEDULE 7Combined Authorities (Mayoral Elections) Order 2017: New Forms

Regulation 13

Part 1Form for use at mayoral election not taken with another election or referendum

Form 14: declaration to be made by the companion of a voter with disabilities

Form of declaration to be made by the companion of a voter with disabilities for a combined authority mayoral election - page 1

Form of declaration to be made by the companion of a voter with disabilities for a combined authority mayoral election - page 2

Part 2Form for use at mayoral election when combined with another election or referendum

Form 14: declaration to be made by the companion of a voter with disabilities

Form of declaration to be made by the companion of a voter with disabilities for a combined authority mayoral election when combined with another election or referendum - page 1

Form of declaration to be made by the companion of a voter with disabilities for a combined authority mayoral election when combined with another election or referendum - page 2

SCHEDULE 8Police and Crime Commissioner Elections (Welsh Forms) Order 2021: New Form

Regulation 14

Form 18: declaration to be made by companion of a voter with disabilities

Welsh form of declaration to be made by the companion of a voter with disabilities for a Police and Crime Commissioner election - page 1

Welsh form of declaration to be made by the companion of a voter with disabilities for a Police and Crime Commissioner election - page 2

EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations amend various provisions in secondary legislation in consequence of, or to make similar provision to, section 9 of the Elections Act 2022 (c. 37). The Regulations make provision in respect of a number of types of elections and referendums, and also petitions for the recall of MPs.

These Regulations replace the current requirement for Returning Officers (or other equivalent officials) to provide polling stations with a device for voters with sight loss with a new requirement to provide each polling station with such equipment as is reasonable to enable, or make it easier, for voters with disabilities (including, but not limited to, sight loss) to vote (or to sign a signing sheet in the case of petitions for the recall of MPs).

These Regulations also amend the criteria for who can act in the role of ‘companion’ to a person with a disability for the purposes of voting (or signing a signing sheet), by enabling anyone who is aged 18 or over to act in that capacity, irrespective of their relationship to the person who is voting (or signing a signing sheet). These Regulations also amend various electoral forms that contain the declaration to be made by the companion of a voter with disabilities.

An impact assessment has been produced in relation to the Elections Act 2022 and copies can be obtained at [https://bills.parliament.uk/publications/44886/documents/1304] or from the Department for Levelling Up, Housing and Communities at 2 Marsham Street, London, SW1P 4DF.