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)

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[^f00013]; section 333(3A) of the Town and Country Planning Act 1990[^f00014]; 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[^f00015]; 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 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)[^f00016] 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)[^f00017]—

• (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[^f00018], 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[^f00019], 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)[^f00020] 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[^f00021] 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)[^f00022] 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[^f00023], 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[^f00024] 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[^f00025] 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[^f00026] 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[^f00027] 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)[^f00028]—

• (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[^f00029] 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)[^f00030], for form 18 (declaration to be made by companion of a voter with disabilities), substitute the corresponding form in Schedule 8 to these Regulations.

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

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

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

Part 1 — New 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

Part 2 — New 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

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

Part 1 — Form 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

Part 2 — Form 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

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

Part 1 — Form 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

Part 2 — Form 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

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

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

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

Part 1 — Form 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

Part 2 — Form 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

Part 3 — Form for business neighbourhood planning referendums

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

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

Part 1 — Form 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

Part 2 — Form 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

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

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

Signed

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

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

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.

Footnotes

[^f00001]: 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”.

[^f00002]: 1985 c. 50.

[^f00003]: 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.

[^f00004]: 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.

[^f00005]: 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.

[^f00006]: 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.

[^f00007]: 1993 c. 38.

[^f00008]: 2011 c. 13. Sections 58(1) and 154(5) were amended by S.I. 2021/1265.

[^f00009]: 2015 c. 25. See section 22(1) for the definition of “the Minister”.

[^f00010]: Section 15(5C) was inserted by section 4(2) of the Scotland Act 2016 (c. 11).

[^f00011]: Section 15(5D) was inserted by section 5(2) of the Wales Act 2017 (c. 4).

[^f00012]: 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.

[^f00013]: 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.

[^f00014]: Section 333(3A) was inserted by paragraph 22 of Schedule 12 to the Localism Act 2011 (c. 20).

[^f00015]: Section 117(2) was substituted by section 13(2) of the Localism Act 2011.

[^f00016]: 2022 c. 37.

[^f00017]: S.I. 1986/1111, to which there are amendments not relevant to these Regulations.

[^f00018]: S.I. 2001/341, to which there are amendments not relevant to these Regulations.

[^f00019]: S.I. 2001/497 (S. 2), to which there are amendments not relevant to these Regulations.

[^f00020]: S.I. 2004/294, amended by S.I. 2014/920; there are other amending instruments, but none is relevant.

[^f00021]: S.I. 2007/1024, relevant amending instruments: S.I. 2014/370, 2018/1310. There are other amendments, but they are not relevant to this instrument.

[^f00022]: Rule 29(10) was inserted by section 9(1) and (2)(c) of the Elections Act 2022 (c. 37).

[^f00023]: S.I. 2008/1741, to which there are amendments not relevant to these Regulations.

[^f00024]: S.I. 2012/323, amended by S.I. 2014/924; there are other amending instruments, but none is relevant.

[^f00025]: S.I. 2012/444, amended by S.I. 2014/925; there are other amending instruments, but none is relevant.

[^f00026]: S.I. 2012/1917, amended by S.I. 2014/921; there are other amending instruments, but none is relevant.

[^f00027]: S.I. 2012/2031; relevant amending instruments are S.I. 2013/798, 2014/333.

[^f00028]: S.I. 2016/295, to which there are amendments not relevant to these Regulations.

[^f00029]: S.I. 2017/67, amended by S.I. 2018/1310; there are other amending instruments, but none is relevant.

[^f00030]: S.I. 2021/291.