Paragraph 37 Voting by persons with disabilities

(1)

If a voter makes an application to the presiding officer to be allowed, on the ground of—

(a)

blindness or other disability, or

(b)

inability to read,

to vote with the assistance of another person by whom he is accompanied (in these Rules referred to as “the companion”), the presiding officer must require the voter to declare, orally or in writing, whether he is so incapacitated by his blindness or other disability, or by his inability to read, as to be unable to vote without assistance.

(2)

F1Subject to paragraph (2A), if the presiding officer—

(a)

is satisfied that the voter is so incapacitated, and

(b)

is also satisfied by a written declaration made by the companion (in these Rules referred to as “the declaration made by the companion of a voter with disabilities”) that the companion—

(i)

is a qualified person within the meaning of this rule; and

(ii)

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

the presiding officer must grant the application, and then anything which is by these Rules required to be done to, or by that voter in connection with the giving of his vote may be done to, or with the assistance of, the companion.

F2(2A)

Paragraphs (1A) to (1M) of rule 35 apply in the case of a voter who applies under paragraph (1) of this rule as those paragraphs apply in the case of a voter who applies under rule 35(1), but as if—

(a)

references to delivering a ballot paper to a voter were to granting a voter’s application, and

(b)

in rule 35(1G), the reference to paragraph (1) of rule 35 were to paragraph (1) of this rule.

(3)

For the purposes of these Rules, a person is a voter with disabilities if he has made such a declaration as is mentioned in paragraph (1), and a person F3is qualified to assist a voter with disabilities to F4vote if that person is aged 18 or over.

(4)

The name and number in the register of electors of every voter whose vote is given in accordance with this rule and the name and address of the companion must be entered on a list (in these Rules referred to as “the list of voters with disabilities assisted by companions”).

In the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name shall be the elector’s number.

(5)

In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (4) applies as if for “in the register of electors of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act”.

C1(6)

The same list may be used for the principal area election and each relevant election and referendum and, where it is so used, an entry in that list shall be taken to mean that the votes were so given in respect of each election or referendum, unless the list identifies the election or referendum at which the vote was so given.

(7)

The declaration made by the companion—

C2(a)

must be in the form in the Appendix,

(b)

must be made before the presiding officer at the time when the voter applies to vote with the assistance of a companion, and

(c)

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

(8)

No fee or other payment shall be charged in respect of the declaration.

Annotations

Textual amendments

F1: Words in Sch. 3 rule 37(2) substituted (16.1.2023 with application in accordance with rule 1(3)(4) of the amending S.I.) by The Voter Identification (Principal Area, Parish and Greater London Authority Elections) (Amendment) Rules 2022 (S.I. 2022/1397), rules 1(1), 5(9)(a)
F2: Sch. 3 rule 37(2A) inserted (16.1.2023 with application in accordance with rule 1(3)(4) of the amending S.I.) by The Voter Identification (Principal Area, Parish and Greater London Authority Elections) (Amendment) Rules 2022 (S.I. 2022/1397), rules 1(1), 5(9)(b)
F3: Words in Sch. 3 rule 37(3) substituted (29.12.2022) by The Assistance with Voting for Persons with Disabilities (Principal Area, Parish and Greater London Authority Elections) (Amendments) Rules 2022 (S.I. 2022/1284), rules 1(1), 3(3)(a)(ii) (with rule 1(2))
F4: Word in Sch. 3 rule 37(3) substituted (31.10.2023) by The Local Government and Greater London Authority Elections (Miscellaneous Amendments) Regulations 2023 (S.I. 2023/1066), regs. 1(2)(b), 3(17)

Modifications

C1: Sch. 3 rule 37(6) excluded (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(2), Sch. 5 para. 32
C2: Sch. 3 rule 37(7)(a) excluded (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(2), Sch. 5 para. 31

Notes on Schedule 3

Modifications

C1: Sch. 3 modified (1.2.2007) by The National Assembly for Wales (Representation of the People) Order 2007 (S.I. 2007/236), art. 1(1), Sch. 4 Pt. 3
C2: Sch. 3 applied (with modifications) (E.) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 4 para. 1 Table 9 (with reg. 27)
C3: Sch. 3 applied (with modifications) (W.) (4.12.2020) by The Local Government (Coronavirus) (Postponement of Elections) (Wales) (No. 2) Regulations 2020 (S.I. 2020/1399), regs. 2, 6(3)(4)