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Representation of the People Act 1983
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Changes over time for: Paragraph 39
Version Superseded: 16/02/2001
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39(1)If a voter makes an application to the presiding officer to be allowed on the ground of blindness 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 whether he is so incapacitated by his blindness as to be unable to vote without assistance.
(2)[F1If][F1Subject to paragraph (2A) below, 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 blind voter”) that the companion—
(i)is a qualified person within the meaning of this rule, and
(ii)has not previously assisted more than one blind person 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.
[F2(2A)Paragraphs (1A) to (1G) of rule 37 shall 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 reading references to delivering a ballot paper to a voter as references to granting a voter’s application.]
(3)For the purposes of this rule, a person shall be qualified to assist a blind voter to vote, if that person is either—
(a)a person who is entitled to vote as an elector at the election; or
(b)the father, mother, brother, sister, husband, wife, son or daughter of the blind 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 blind voters 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)The declaration made by the companion—
(a)shall be in the form in the Appendix;
(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.
(6)No fee or other payment shall be charged in respect of the declaration.
Textual Amendments
F1Words substituted (N.I.) by Elections (Northern Ireland) Act 1985 (c. 2, SIF 42), s. 2(3)(c)
F2Sch. 1 rule 39(2A) inserted (N.I.) by Elections (Northern Ireland) Act 1985 (c. 2, SIF 42), s. 1(4)
Modifications etc. (not altering text)
C1Sch. 1 rule 39 applied (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I
C2Sch. 1 rule 39 applied (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. I
C3Sch. 1 rule 39 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(b)(5)-(8), Sch. 1
Sch. 1 rule 39 applied (N.I.) (25.4.1998) by S.I. 1998/1126, art. 6, Sch. 2
C4Sch. 1 rule 39 applied (with modifications) (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 2
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