Paragraph 56 Voting by persons with disabilitiesF1

England and Wales

(1)

If a named 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 the named voter is accompanied (in these Rules referred to as “the companion”), the presiding officer must require the named voter to declare, orally or in writing, whether the named voter is so incapacitated by blindness or other disability, or by the named voter’s inability to read, as to be unable to vote without assistance.

(2)

If the presiding officer—

(a)

is satisfied that the named voter is so incapacitated or unable to read; 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 named 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 named voter with disabilities to vote at the business referendum,

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

(3)

For the purposes of these Rules, a person is a named voter with disabilities if that person has made such a declaration as is mentioned in paragraph (1), and a person is qualified to assist a named voter with disabilities to vote F2if that person is aged 18 or over.

(4)

The name and number in the register of every person 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 named voters with disabilities assisted by companions”).

(5)

The declaration made by the companion of a named voter—

(a)

must be in the form set out in Form 9 in the Appendix;

(b)

must be made before the presiding officer at the time when the named 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.

(6)

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

Annotations

Textual amendments

F1: Sch. 7 inserted (6.4.2013) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2013 (S.I. 2013/798), regs. 1, 7, Sch. 2
F2: Words in Sch. 7 rule 56(3) substituted (29.12.2022) by The Assistance with Voting for Persons with Disabilities (Amendments) Regulations 2022 (S.I. 2022/1309), regs. 1(3), 11(4)(b) (with reg. 1(4))