OpenLegislation

Rule 44 Voters with a disability or unable to read: assistance of companionsI1

England and Wales

(1)

A voter may apply to the presiding officer, on the ground of F1severe sight impairment or other disability or inability to read, to be allowed to vote with the assistance of a companion.

(2)

Where an application is made, the presiding officer must require the voter to declare, orally or in writing, whether the voter is so affected by F2severe sight impairment or other disability, or by inability to read, as to be unable to vote without the assistance of a companion.

(3)

In the following provisions of this rule, a voter who declares that they are so affected by F3severe sight impairment or other disability, or by inability to read, as to be unable to vote without the assistance of a companion is referred to as a voter with disabilities.

(4)

At the time when an application to vote with the assistance of a companion is made, the companion must make a written declaration before the presiding officer that the companion—

(a)

has attained the age of 16, and

(b)

has not previously assisted more than one voter with disabilities to vote at the election.

(5)

The companion’s declaration—

(a)

must be in the form of the declaration relating to the community election in Appendix 8, and

(b)

must be given to the presiding officer who must attest it and retain it.

(6)

The companion’s declaration at the community election and each relevant election may be made in the same document.

(7)

The presiding officer must grant the voter’s application for the assistance of a companion if the presiding officer—

(a)

is satisfied that the voter is so affected by F4severe sight impairment or other disability, or by inability to read, as to be unable to vote without the assistance of a companion, and

(b)

is also satisfied by the companion’s written declaration that the companion has attained the age of 16 and has not previously assisted more than one voter with disabilities to vote at the election.

(8)

Where the application is granted—

(a)

anything that is required to be done by these rules to the voter in connection with the giving of the vote may be done instead to the companion, and

(b)

the voter may do anything that needs to be done in connection with the giving of the vote with the assistance of the companion.

Annotations

Textual amendments

F1

Words in Sch. 2 rule 44(1) substituted (13.3.2026) by The Local Elections (Wales) (Amendment) Rules 2026 (W.S.I. 2026/84), rules 1(2), 99(a) (with rule 1(3))

F2

Words in Sch. 2 rule 44(2) substituted (13.3.2026) by The Local Elections (Wales) (Amendment) Rules 2026 (W.S.I. 2026/84), rules 1(2), 99(b) (with rule 1(3))

F3

Words in Sch. 2 rule 44(3) substituted (13.3.2026) by The Local Elections (Wales) (Amendment) Rules 2026 (W.S.I. 2026/84), rules 1(2), 99(c) (with rule 1(3))

F4

Words in Sch. 2 rule 44(7)(a) substituted (13.3.2026) by The Local Elections (Wales) (Amendment) Rules 2026 (W.S.I. 2026/84), rules 1(2), 99(d) (with rule 1(3))

Commencement

I1

Sch. 2 rule 44 in force at 17.12.2021, see rule 1

Notes on Schedule 2

Modifications

C1

Sch. 2 applied (with modifications) (18.7.2025) by The Senedd Cymru (Representation of the People) Order 2025 (S.I. 2025/864), art. 1(2), Sch. 3 paras. 26, 29 (with art. 1(4))