{
  "url": "https://openlegislation.uk/representation-of-the-people-act-1983/schedule-1/paragraph-39",
  "json_url": "https://openlegislation.uk/representation-of-the-people-act-1983/schedule-1/paragraph-39.json",
  "legislation": "ukpga/1983/2",
  "legislation_title": "Representation of the People Act 1983",
  "legislation_url": "https://openlegislation.uk/representation-of-the-people-act-1983",
  "path": "schedule/1/paragraph/39",
  "kind": "paragraph",
  "number": "39",
  "heading": null,
  "text": "(1) If a voter makes an application to the presiding officer to be allowed, on the ground of—\n(a) blindness or other disability, or\n(b) inability to read,\nto vote with the assistance of another person by whom he is accompanied (in these rules referred to as “the companion”), the presiding officer shall 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.\n(2) Subject to paragraph (2A) below, if the presiding officer—\n(a) is satisfied that the voter is so incapacitated, and\n(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—\n(i) is aged 18 or over, and\n(ii) has not previously assisted more than one voter with disabilities to vote at the election,\nthe presiding officer shall 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.\n(2A) The relevant paragraphs of rule 37 apply in the case of a voter who applies under paragraph (1) above as they apply in the case of a voter who applies under rule 37(1), but as if—\n(a) references to delivering a ballot paper to a voter were to granting a voter’s application, and\n(b) in rule 37(1G) as it extends to England and Wales and to Scotland, and in rule 37(1DB) as it extends to Northern Ireland, the reference to paragraph (1) of rule 37 were to paragraph (1) of this rule.\n(2B) In paragraph (2A), “the relevant paragraphs of rule 37” means—\n(a) paragraphs (1A) to (1T) of rule 37 as it extends to England and Wales and to Scotland;\n(b) paragraphs (1A) to (1G) of rule 37 as it extends to Northern Ireland.\n(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) above, ...\n(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 shall be entered on a list (in these rules referred to as “the list of voters with disabilities assisted by companions”).\nIn 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.\n(4A) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of this Act, paragraph (4) above 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).\n(4B) In the case of a person in respect of whom a notice has been issued under section 13BA(9), 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 13BA(9)”.\n(5) The declaration made by the companion—\n(a) shall be in the form in the Appendix; and\n(b) shall be made before the presiding officer at the time when the voter applies to vote with the assistance of a companion and shall forthwith be given to the presiding officer who shall attest and retain it.\n(6) No fee or other payment shall be charged in respect of the declaration.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 1 rule 39 and preceding cross-heading substituted (16.2.2001) by 2000 c. 2, s. 13(1)(3); S.I. 2001/116, art. 2(1)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Word in Sch. 1 rule 39(1)(a) substituted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 47, 77, Sch. 1 para. 78(a); S.I. 2006/3412, art. 3, Sch. 1 para. 14(w)(bb)(iii) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Sch. 1 rule 39(1) substituted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 47, 77, Sch. 1 para. 78(b); S.I. 2006/3412, art. 3, Sch. 1 para. 14(w)(bb)(iii) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Sch. 1 rule 39(2) substituted (N.I.) (1.5.2002) by Electoral Fraud (Northern Ireland) Act 2002 (c. 13), s. 5(2)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in Sch. 1 rule 39(2)(b)(i) substituted (29.12.2022) by Elections Act 2022 (c. 37), ss. 9(3)(a), 67(1); S.I. 2022/1270, reg. 2(a) (with reg. 3)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Sch. 1 rules 39(2A)(2B) substituted for Sch. 1 rule 39(2A) (16.1.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 1 para. 20; S.I. 2022/1401, reg. 2(d)(x) (with reg. 3(1))"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in Sch. 1 rule 39(3) omitted (29.12.2022) by virtue of Elections Act 2022 (c. 37), ss. 9(3)(b), 67(1); S.I. 2022/1270, reg. 2(a) (with reg. 3)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Sch. 1 rule 39(4A) inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 11(6), 77, Sch. 1 para. 36; S.I. 2006/3412, art. 3, Sch. 1 paras. 2, 12(b) (subject to transitional provisions in art. 6, Sch. 2)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Sch. 1 rule 39(4B) inserted (14.5.2008) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 30(1), 31, Sch. 4 para. 6(6); S.I. 2008/1318, art. 2"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "Sch. 1 rule 39 applied (with modifications) (1.8.2001) by The Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599), art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3, Sch. 1; and modified (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 8 para. 25)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "repealed",
      "affecting": "ukpga/2006/22",
      "affecting_title": "Electoral Administration Act 2006"
    },
    {
      "type": "modified",
      "affecting": "ukpga/1985/50",
      "affecting_title": "Representation of the People Act 1985"
    },
    {
      "type": "modified",
      "affecting": "ukpga/1985/50",
      "affecting_title": "Representation of the People Act 1985"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1983/2/schedule/1/paragraph/39",
    "retrieved_at": "2026-11-07T03:33:48.049414+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}