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

Citation, commencement, saving, extent and application

1.—(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)(1) 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 1986

2.  In regulation 98 of the Representation of the People (Scotland) Regulations 1986 (modification of parliamentary elections rules)(2)—

(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 2001

3.  In the Representation of the People (England and Wales) Regulations 2001(3), omit regulation 12 (device referred to in rule 29(3A)(b) of parliamentary elections rules).

Amendment of the Representation of the People (Scotland) Regulations 2001

4.  In the Representation of the People (Scotland) Regulations 2001(4), 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 2004

5.—(1) Schedule 2 to the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 (modifications to parliamentary elections rules)(5) 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 2007

6.—(1) The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007(6) 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)(7) 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 2008

7.  In the Representation of the People (Northern Ireland) Regulations 2008(8), omit regulation 12 (device referred to in rule 29(3A)(b) of elections rules).

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

8.—(1) The Local Authorities (Conduct of Referendums) (England) Regulations 2012(9) 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 2012

9.—(1) The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012(10) 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 2012

10.—(1) The Police and Crime Commissioner Elections Order 2012(11) 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 2012

11.—(1) The Neighbourhood Planning (Referendums) Regulations 2012(12) 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 2016

12.—(1) In regulation 19 of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016 (equipment at petition signing place)(13)—

(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 2017

13.—(1) The Combined Authorities (Mayoral Elections) Order 2017(14) 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 2021

14.  In Schedule 2 to the Police and Crime Commissioner Elections (Welsh Forms) Order 2021 (Welsh versions of prescribed forms)(15), 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

7th December 2022