The Greater London Authority Elections (Amendment) Rules 2004

• Citation: S.I. 2004/227
• Sections: 251

Section 1 Citation, commencement and interpretation

(1) These Rules may be cited as the Greater London Authority Elections (Amendment) Rules 2004 and shall come into force on 1st March 2004.

(2) In these Rules “the GLA Elections Rules” means the Greater London Authority Elections (No. 2) Rules 2000 .

Section 2 Amendment of the GLA Elections Rules

(1) The GLA Elections Rules are amended as follows.

(2) For rule 5 (returning officers: duties at ordinary elections) substitute—

Returning officers duties

(5)

(1) At an ordinary election it shall be the duty of returning officers to co-operate with each other in the discharge of their functions.

(2) Where a poll is to be taken—

(a) for the return of the London members; or

(b) for the return of the Mayor,

it shall be the duty of constituency returning officers to take, and verify the ballot papers at, the poll (or each poll if both are to be taken) and to count the votes cast in that poll (or each poll, if both are to be taken).

(3) Without prejudice to paragraphs (1) and (2), the Greater London returning officer may give to any constituency returning officer directions relating to the discharge of any of the functions of the constituency returning officer, including directions requiring the provision to the Greater London returning officer of any information which the constituency returning officer has or is entitled to have.

(4) It shall be the duty of each person to whom directions are given under paragraph (3) to discharge his functions in accordance with the directions.

(3) For rule 8 (combination of polls) substitute—

Combination of polls

(8)

(1) This rule applies where an election—

(a) for the return of the Mayor; or

(b) for the return of an Assembly member,

is taken together with—

(i) the poll at a parliamentary election, European Parliamentary election or local government election (other than a GLA election) under section 15(1) or (2) of the Representation of the People Act 1985 ; or

(ii) the poll at a local authority mayoral election or referendum in accordance with regulations made under sections 44 and 105, or 45 and 105, of the Local Government Act 2000 .

(2) For rule 3 substitute—

Rules for Greater London Authority elections at combined polls

(3)

(1) The Constituency Members Election Rules in Schedule 8 shall have effect for the purposes of the election of constituency members of the London Assembly whether at an ordinary election or in the circumstances mentioned in section 10 (filling a vacancy in an Assembly constituency) of the Greater London Authority Act 1999 .

(2) The London Members Election Rules in Schedule 9, with the exception of Part VII, shall have effect for the purposes of the allocation of seats for London members at any ordinary election; and Part VII of those Rules shall have effect for the purposes of section 11 (filling a vacancy among the London members) of the Greater London Authority Act 1999.

(3) The Mayoral Election Rules in Schedule 10 shall have effect for the purposes of —

(a) the election of the Mayor of London; and

(b) any election under subsection (2) of section 16 (filling a vacancy in the office of Mayor ) of the Greater London Authority Act 1999.

(4) Schedules 1 to 4 shall not apply.

(5) In rule 6 (electronic counting of votes) for “Schedule 6” substitute “Schedule 11”.

(6) Schedule 11 (modifications to rules at combined polls (Schedules 8 to 10) where votes counted by electronic means) shall apply.

(7) Any reference to the Constituency Members Election Rules, the London Members Election Rules or Mayoral Election Rules in the GLA Elections Rules shall be construed as a reference to the corresponding version of those Rules in Schedule 8, 9 or 10.

(8) Any reference to the Ordinary Elections Rules in the GLA Elections Rule shall be construed as a reference to the version of the Constituency Members Election Rules, London Members Election Rules or Mayoral Election Rules in Schedule 8, 9 or 10

(4) After rule 8 (combination of polls), insert—

(9) Schedule 12 shall have effect.

(5) Schedule 1 (the Constituency Members Election Rules) shall be amended as shown in Schedule 1 to these Rules.

(6) Schedule 2 (the London Members Election Rules) shall be amended as shown in Schedule 2 to these Rules.

(7) Schedule 3 (the Mayoral Election Rules) shall be amended as shown in Schedule 3 to these Rules.

(8) Schedule 5 (forms) shall be amended as shown in Schedule 4 to these Rules.

(9) For Schedule 8 (modifications to apply where the poll at a GLA election is taken together with the poll at another election under section 15(1) or (2) of the Representation of the People Act 1983) there shall be substituted the Schedules shown in Schedule 5 to these Rules.

(10) After Schedule 11 as inserted by these Rules, there shall be inserted Schedule 12 as set out in Schedule 6 to these Rules.

Section 3 Revocations

Rule 7 of and Schedule 7 to the GLA Elections Rules (amendment of the Local Elections (Principal Areas) Rules 1986) are revoked.

Section 1

For rule 20 substitute—

Postal ballot papers

(20)

(1) The CRO shall, as soon as practicable, send to those entitled to vote by post, at the addresses shown in the absent voters list, a ballot paper and a declaration of identity, together with an envelope for their return.

(2) The declaration of identity shall be in the appropriate form, or a form to the like effect.

(3) In place of the parts of the form specified in paragraph (4), the form may include such alternative information as the GLRO may decide, relating to—

(a) the system of voting at the GLA election;

(b) how many votes a voter has at each GLA election;

(c) the marks to be used, and the manner in which they should be used, in order to ensure that a vote is counted for any candidate,

and which complies with paragraph 4 of Schedule 12 (as though that information were to be included in a notice).

(4) The parts of the form referred to in paragraph (3) are—

(a) in the case of Form 8, paragraph 2;

(b) in the case of Form 9, paragraphs 2 to 4.

(5) Where the GLRO has decided to provide alternative information pursuant to paragraph (3), he shall notify the CRO of the information that shall appear in the form pursuant to that paragraph.

Section 2

After rule 23 insert—

Information for voters in election booklets

(23A)

(1) At an ordinary election the GLRO may, in addition to a statement by him in an election booklet, include in the booklet information for voters that has been agreed by him with the Electoral Commission.

(2) The information for voters may be about—

(a) the office of the Mayor and the Assembly;

(b) the system of voting at each GLA election;

(c) how to vote in a manner that will ensure a vote is regarded as validly cast.

(3) The information for voters must not contain—

(a) any advertising material;

(b) any material referring to a candidate or a registered party, other than by reproduction of a ballot paper which refers equally to all candidates and parties at the ordinary election;

(c) any material referring to the holder, at any time, of the office of Mayor or Assembly member, other than under paragraph (b) as a candidate at the ordinary election.

(4) Information published in an election booklet under this rule must be printed on not more than two sides of A5 paper.

Section 3

In rule 24 (equipment of polling stations) for paragraph (4) substitute—

(4) The CRO shall also provide each polling station with—

(a) at least one large version of the ballot paper, which shall be displayed inside the polling station for the assistance of voters who are partially sighted; and

(b) a device for enabling voters who are blind or partially sighted to vote without any need for assistance from the presiding officer or any companion within the meaning of rule 34.

(5) The device referred to in paragraph (4)(b) above must—

(a) allow a ballot paper to be inserted into and removed from or attached to and detached from the device, easily and without damage to the paper;

(b) keep the ballot paper firmly in place during use;

(c) provide suitable means for the voter to—

(i) identify the spaces on the ballot paper on which he may mark his vote;

(ii) identify the candidate to whom each such space refers; and

(iii) mark his vote on the space he has chosen.

Section 4

After paragraph 24 insert—

Notices for the guidance of voters

(24A)

(1) Subject to paragraph (6), notices for the guidance of voters shall be exhibited—

(a) outside every polling station;

(b) inside every polling station; and

(c) in every compartment of every polling station.

(2) The notices shall be prepared by the GLRO and shall comply with the requirements of Schedule 12.

(3) The GLRO shall provide the CRO with the notices to be exhibited.

(4) The GLRO may, in addition, also prepare versions in Braille or languages other than English that are accurate translations of any such notice.

(5) The GLRO shall upon request by a CRO provide the CRO with any notice prepared under paragraph (4).

(6) Notices provided under paragraph (5) may, at the discretion of the CRO, be exhibited at any polling station—

(a) outside the polling station;

(b) inside the polling station, or

(c) in every compartment of the polling station.

Section 5

In rule 26 (notification of requirement of secrecy), for “a blind voter” substitute “a voter with disabilities”.

Section 6

In rule 27(1) (admission to polling station)—

(a) omit “and” at the end of sub-paragraph (d); and

(b) in sub-paragraph (e) for “blind voters” substitute—

voters with disabilities; and

any person authorised by the Electoral Commission to attend at polling stations as a representative of the Commission.

Section 7

For rule 34 (voting by blind persons), substitute—

Voting by persons with disabilities

(34)

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

(a) blindness or other physical incapacity, 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 shall require the voter to declare, orally or in writing, whether he is so incapacitated by his blindness or other incapacity, or by his inability to read, as to be unable to vote without assistance.

(2) 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 these Rules, and

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

the 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.

(3) For the purpose of these Rules, a person is a voter with disabilities if he has made such a declaration as is mentioned in paragraph (1) above, and a person shall be qualified to assist a voter with disabilities to vote if that person—

(a) is a person who is entitled to vote as an elector at the election; or

(b) is the father, mother, brother, sister, husband, wife, son or daughter of the voter and has attained the age of 18 years.

(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 ”).

(5) 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.

(6) The declaration made by the companion—

(a) shall be in the appropriate form; and

(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.

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

Section 8

In rule 38 (procedure on close of poll) for “ blind voters ” (wherever occurring) substitute “voters with disabilities”.

Section 9

In rule 39(2)(attendance at counting of votes) after “(d) the counting agents,” insert—

; and

any person authorised by the Electoral Commission to attend at the counting of the votes as a representative of the Commission.

Section 10

In rule 40 (the count), for paragraph (4) substitute—

(4) A postal ballot paper shall not be taken to be duly returned unless before the close of the poll—

(a) it is returned, and

(b) the declaration of identity duly signed and authenticated is returned,

by hand to a polling station in the constituency, or by hand or by post to the CRO.

Section 11

In rule 41 (rejected ballot papers)—

(a) in paragraph (1) before sub-paragraph (a) insert—

(aa) which does not bear the official mark,

(b) in paragraph (4) before sub-paragraph (a) insert—

(aa) want of an official mark;

Section 12

In rule 48 (delivery and retention of documents)—

(a) for “ blind voters ” (wherever occurring) substitute “voters with disabilities”;

(b) in paragraph (1), for “forward to the GLRO” substitute “transfer control to the GLRO of”; and

(c) after paragraph (2), insert—

(3) Any document which has been transferred to the control of the GLRO under this rule shall either—

(a) be kept by the CRO on behalf of the GLRO; or

(b) be forwarded by the CRO to the GLRO,

as the GLRO shall decide.

Section 13

In rule 49 (orders for production of documents)—

(a) in sub-paragraph (a) of paragraph (1), for “in the custody of the proper officer” substitute “under the control of the GLRO”;

(b) in sub-paragraph (b) of paragraph (1), for “in his custody” substitute “under his control”;

(c) in paragraph (2), for “in the custody” substitute “under the control”;

(d) in paragraph (6), for “in his possession” substitute “under his control”;

(e) in paragraph (8), for “in the possession” substitute “under the control”.

Section 14

In rule 50 (retention, public inspection and destruction of documents) in paragraph (1) for “shall retain for six months amongst the records of the Authority all documents relating to an election forwarded to him” substitute “shall retain or cause to be retained for six months all documents relating to an election placed under his control”.

Section 1

For rule 20 substitute—

Postal ballot papers

(20)

(1) The CRO shall, as soon as practicable, send to those entitled to vote by post, at the addresses shown in the absent voters list, a ballot paper and a declaration of identity, together with an envelope for their return.

(2) The declaration of identity shall be in the appropriate form, or a form to the like effect.

(3) In place of the parts of the form specified in paragraph (4), the form may include such alternative information as the GLRO may decide, relating to—

(a) the system of voting at the GLA election;

(b) how many votes a voter has in each GLA election;

(c) the marks to be used, and the manner in which they should be used, in order to ensure that a vote is counted for any party or individual candidate,

and which complies with paragraph 4 of Schedule 12 (as though that information were to be included in a notice).

(4) The parts of the form referred to in paragraph (3) are paragraphs 2 to 4 of Form 9.

(5) Where the GLRO has decided to provide alternative information pursuant to paragraph (3), he shall notify the CRO of the information that shall appear in the form pursuant to that paragraph.

Section 2

After rule 24 insert—

Information for voters in election booklets

(24A)

(1) At an ordinary election the GLRO may, in addition to a statement by him in an election booklet, include in the booklet information for voters that has been agreed by him with the Electoral Commission.

(2) The information for voters may be about—

(a) the office of the Mayor and the Assembly;

(b) the system of voting at each GLA election;

(c) how to vote in a manner that will ensure a vote is regarded as validly cast.

(3) The information for voters must not contain—

(a) any advertising material;

(b) any material referring to a candidate or a registered party, other than by reproduction of a ballot paper which refers equally to all candidates and parties at the ordinary election;

(c) any material referring to the holder, at any time, of the office of Mayor or Assembly member, other than under paragraph (b) as a candidate at the ordinary election.

(4) Information published in an election booklet under this rule must be printed on not more than two sides of A5 paper.

Section 3

In rule 25 (equipment of polling stations), for paragraph (4) substitute—

(4) The CRO shall also provide each polling station with—

(a) at least one large version of the ballot paper which shall be displayed inside the polling station for the assistance of voters who are partially sighted; and

(b) a device for enabling voters who are blind or partially sighted to vote without any need for assistance from the presiding officer or any companion within the meaning of rule 35.

(5) The device referred to in paragraph (4)(b) above must—

(a) allow a ballot paper to be inserted into and removed from or attached to and detached from the device, easily and without damage to the paper;

(b) keep the ballot paper firmly in place during use;

(c) provide suitable means for the voter to—

(i) identify the spaces on the ballot paper on which he may mark his vote;

(ii) identify the candidate to whom each such space refers; and

(iii) mark his vote on the space he has chosen.

Section 4

After paragraph 25 insert—

Notices for the guidance of voters

(25A)

(1) Subject to paragraph (6), notices for the guidance of voters shall be exhibited—

(a) outside every polling station,

(b) inside every polling station, and

(c) in every compartment of every polling station.

(2) The notices shall be prepared by the GLRO and shall comply with the requirements of Schedule 12.

(3) The GLRO shall provide the CRO with the notices to be exhibited.

(4) The GLRO may, in addition, prepare versions in Braille or languages other than English that are accurate translations of any such notice.

(5) The GLRO shall upon request by a CRO provide the CRO with any notice prepared under paragraph (4).

(6) Notices provided under paragraph (5) may, at the discretion of the CRO, be exhibited in any polling station—

(a) outside the polling station;

(b) inside the polling station; or

(c) in every compartment of the polling station.

Section 5

In rule 26 (appointment of polling and counting agents), after paragraph (2) insert—

(2A) For each local count, one (but no more than one) counting agent of each registered party standing nominated or individual candidate, as the case may be, may be authorised by the terms of his appointment to require a re-count at that count.

Section 6

In rule 27 (notification of requirement of secrecy), for “a blind voter” substitute “a voter with disabilities”.

Section 7

In rule 28(1) (admission to polling station)—

(a) omit “and” at the end of sub-paragraph (d); and

(b) in sub-paragraph (e) for “blind voters” substitute—

voters with disabilities; and

any person authorised by the Electoral Commission to attend at polling stations as a representative of the Commission

Section 8

For rule 35 (voting by blind persons), substitute—

Voting by persons with disabilities

(35)

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

(a) blindness or other physical incapacity, 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 shall require the voter to declare, orally or in writing, whether he is so incapacitated by his blindness or other incapacity, or by his inability to read, as to be unable to vote without assistance.

(2) 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 these Rules, and

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

the 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.

(3) For the purpose of these Rules, a person is a voter with disabilities if he has made such a declaration as is mentioned in paragraph (1) above, and a person shall be qualified to assist a voter with disabilities to vote if that person—

(a) is a person who is entitled to vote as an elector at the election; or

(b) is the father, mother, brother, sister, husband, wife, son or daughter of the voter and has attained the age of 18 years.

(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 ”).

(5) 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.

(6) The declaration made by the companion—

(a) shall be in the appropriate form; and

(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.

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

Section 9

In rule 39 (procedure on close of poll), for “ blind voters ” (wherever occurring) substitute “voters with disabilities”.

Section 10

In rule 40(2) (attendance at counting of votes), after “(d) the counting agents,” insert—

; and

any person authorised by the Electoral Commission to attend at the counting of the votes as a representative of the Commission

Section 11

In rule 41 (the local count), for paragraph (3) substitute—

(3) A postal ballot paper shall not be taken to be duly returned unless before the close of the poll—

(a) it is returned, and

(b) the declaration of identity duly signed and authenticated is returned,

by hand to a polling station in the constituency, or by hand or by post to the CRO.

Section 12

In rule 42 (rejected ballot papers)—

(a) in paragraph (1), before sub-paragraph (a) insert—

(aa) which does not bear the official mark,

(b) in paragraph (4), before sub-paragraph (a) insert—

(aa) want of an official mark;

Section 13

In rule 44 (re-count)—

(a) in paragraph (1), after “the election agent for that list)” insert “or a counting agent authorised under rule 26(2A)”; and

(b) in paragraph (2), for “election agents” substitute “election agents and counting agents authorised under rule 26(2A)”.

Section 14

In rule 51 (delivery and retention of documents)—

(a) for “ blind voters ” (wherever occurring) substitute “voters with disabilities”;

(b) in paragraph (1), for “forward to the proper officer” substitute “transfer control to the GLRO of”; and

(c) after paragraph (2) insert—

(3) Any document which has been transferred to the control of the GLRO under this rule shall either—

(a) be kept by the CRO on behalf of the GLRO; or

(b) be forwarded by the CRO to the GLRO,

as the GLRO shall decide.

Section 15

In rule 52 (orders for production of documents)—

(a) for “ proper officer ” (wherever occurring) substitute “GLRO”;

(b) in sub-paragraph (a) of paragraph (1), for “in the custody” substitute “under the control”;

(c) in sub-paragraph (b) of paragraph (1), for “in his custody” substitute “under his control”;

(d) in paragraph (2), for “in the custody” substitute “under the control”;

(e) in paragraph (6), for “in his possession” substitute “under his control”;

(f) in paragraph (8), for “in the possession” substitute “under the control”.

Section 16

In rule 53 (retention, public inspection and destruction of documents)—

(a) for “ proper officer ” (wherever occurring) substitute “GLRO”;

(b) in paragraph (1) for “retain for six months amongst the records of the Authority all documents relating to an election forwarded to him” substitute “retain or cause to be retained for six months all documents relating to an election placed under his control”.

Section 17

Omit rule 59.

Section 1

For rule 20 substitute—

Postal ballot papers

(20)

(1) The CRO shall, as soon as practicable, send to those entitled to vote by post, at the addresses shown in the absent voters list, a ballot paper and a declaration of identity, together with an envelope for their return.

(2) The declaration of identity shall be in the appropriate form, or a form to the like effect.

(3) In place of the parts of the form specified in paragraph (4), the form may include such alternative information as the GLRO may decide, relating to—

(a) the system of voting at the GLA election;

(b) how many votes a voter has in each GLA election;

(c) the marks to be used, and the manner in which they should be used, in order to ensure that a vote is counted for any candidate,

and which complies with paragraph 4 of Schedule 12 (as though that information were to be included in a notice).

(4) The parts of the form referred to in paragraph (3) are—

(a) in the case of Form 8, paragraph 2;

(b) in the case of Form 9, paragraphs 2 to 4.

(5) Where the GLRO has decided to provide alternative information pursuant to paragraph (3), he shall notify the CRO of the information that shall appear in the form pursuant to that paragraph.

Section 2

After rule 24 insert—

Information for voters in election booklets

(24A)

(1) At an ordinary election the GLRO may, in addition to a statement by him in an election booklet, include in the booklet information for voters that has been agreed by him with the Electoral Commission.

(2) The information for voters may be about—

(a) the office of the Mayor and the Assembly;

(b) the system of voting at each GLA election;

(c) how to vote in a manner that will ensure a vote is regarded as validly cast.

(3) The information for voters must not contain—

(a) any advertising material;

(b) any material referring to a candidate or a registered party other than by reproduction of a ballot paper which refers equally to all candidates and parties at the ordinary election;

(c) any material referring to the holder, at any time, of the office of Mayor or Assembly member, other than under paragraph (b) as a candidate at the ordinary election.

(4) Information published in an election booklet under this rule must be printed on not more than two sides of A5 paper.

Section 3

In rule 25 (equipment of polling stations) for paragraph (5) substitute—

(5) The CRO shall also provide each polling station with—

(a) at least one large version of the ballot paper which shall be displayed inside the polling station for the assistance of voters who are partially sighted; and

(b) a device for enabling voters who are blind or partially sighted to vote without any need for assistance from the presiding officer or any companion within the meaning of rule 35.

(6) The device referred to in paragraph (5)(b) above must—

(a) allow a ballot paper to be inserted into and removed from or attached to and detached from the device, easily and without damage to the paper;

(b) keep the ballot paper firmly in place during use; and

(c) provide suitable means for the voter to—

(i) identify the spaces on the ballot paper on which he may mark his vote;

(ii) identify the candidate to whom each such space refers; and

(iii) mark his vote on the space he has chosen.

Section 4

After paragraph 25 insert—

Notices for the guidance of voters

(25A)

(1) Subject to paragraph (6), notices for the guidance of voters shall be exhibited—

(a) outside every polling station,

(b) inside every polling station, and

(c) in every compartment of every polling station.

(2) The notices shall be prepared by the GLRO and shall comply with the requirements of Schedule 12.

(3) The GLRO shall provide the CRO with the notices to be exhibited.

(4) The GLRO may, in addition, also prepare versions in Braille or languages other than English that are accurate translations of any such notice.

(5) The GLRO shall upon request by a CRO provide the CRO with any notice prepared under paragraph (4).

(6) Notices provided under paragraph (6) may, at the discretion of the CRO, be exhibited at any polling station—

(a) outside the polling station,

(b) inside the polling station, or

(c) in every compartment of the polling station.

Section 5

In rule 26 (appointment of polling and counting agents) after paragraph (2) insert—

(2A) For each local count one (but no more than one) counting agent of each candidate may be authorised by the terms of his appointment to require a re-count at that count.

Section 6

In rule 27 (notification of requirement of secrecy) for “a blind voter” substitute “a voter with disabilities”.

Section 7

In rule 28(1) (admission to polling station)—

(a) omit “and” at the end of sub-paragraph (d); and

(b) in sub-paragraph (e) for “blind voters” substitute—

voters with disabilities; and

any person authorised by the Electoral Commission to attend at polling stations as a representative of the Commission

Section 8

For rule 35 (voting by blind persons) substitute—

Voting by persons with disabilities

(35)

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

(a) blindness or other physical incapacity, 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 shall require the voter to declare, orally or in writing, whether he is so incapacitated by his blindness or other incapacity, or by his inability to read, as to be unable to vote without assistance.

(2) 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 these Rules; and

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

the 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.

(3) For the purpose of these Rules, a person is a voter with disabilities if he has made such a declaration as is mentioned in paragraph (1) above, and a person shall be qualified to assist a voter with disabilities to vote if that person—

(a) is a person who is entitled to vote as an elector at the election; or

(b) is the father, mother, brother, sister, husband, wife, son or daughter of the voter and has attained the age of 18 years.

(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 ”).

(5) 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.

(6) The declaration made by the companion—

(a) shall be in the appropriate form; and

(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.

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

Section 9

In rule 39 (procedure on close of poll), for “ blind voters ” (wherever occurring) substitute “voters with disabilities”.

Section 10

In rule 40(2)(attendance at local count), after “(d) the counting agents,” insert—

; and

any person authorised by the Electoral Commission to attend at the counting of the votes as a representative of the Commission

Section 11

In rule 41 (the local count), for paragraph (4) substitute—

(4) A postal ballot paper shall not be taken to be duly returned unless before the close of the poll—

(a) it is returned, and

(b) the declaration of identity duly signed and authenticated is returned,

by hand to a polling station in the constituency, or by hand or by post to the CRO.

Section 12

In rule 42 (rejected ballot papers)—

(a) in paragraph (1), before sub-paragraph (a) insert—

(aa) which does not bear the official mark,

(b) in paragraph (5), before sub-paragraph (a) insert—

(aa) want of an official mark;

Section 13

In rule 44 (re-count)—

(a) in paragraph (1), after “his election agent” insert “or a counting agent authorised under rule 26(2A)”; and

(b) in paragraph (2), for “election agents” substitute “election agents and counting agents authorised under rule 26(2A)”.

Section 14

In rule 46(2) (attendance at central calculation) at the end of sub-paragraph (c) omit “and” and insert—

(d) any person authorised by the Electoral Commission to attend at the counting of the votes as a representative of the Commission, and

(e)

Section 15

In rule 53 (delivery and retention of documents)—

(a) for “ blind voters ” (wherever occurring) substitute “voters with disabilities”.

(b) in paragraph (1) for “forward to the GLRO” substitute “transfer control to the GLRO of”; and

(c) after paragraph (2) insert—

(3) Any document which has been transferred to the control of the GLRO under this rule shall either—

(a) be kept by the CRO on behalf of the GLRO; or

(b) be forwarded by the CRO to the GLRO,

as the GLRO shall decide.

Section 16

In rule 54 (orders for production of documents)—

(a) in sub-paragraph (a) of paragraph (1), for “in the custody” substitute “under the control”;

(b) in sub-paragraph (b) of paragraph (1), for “in his custody” substitute “under his control”;

(c) in paragraph (2), for “in the custody of the proper officer” substitute “under the control of the GLRO”;

(d) in paragraph (6), for “in his possession” substitute “under his control”;

(e) in paragraph (8), for “the proper officer of any document in his possession” substitute “the GLRO of any document under his control”.