The Regional Assembly and Local Government Referendums Order 2004

Voting by persons with disabilities

28.—(1) If a voter makes an application to the presiding officer at an assistance and delivery point to be allowed, on the ground of—

(a)blindness or other physical incapacity, or

(b)inability to read,

to mark his ballot and sign his security statement at that place 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 referendum,

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 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 shall be qualified to assist a voter with disabilities to vote if that person—

(a)is a person who is entitled to vote on his own behalf at the referendum; 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 address 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) Where there are combined polls the same list may be used, and where it is used an entry in that list shall be taken to mean that the votes were so given in respect of both of the referendums, unless the list identifies the referendum at which the vote was so given.

(6) In the case of a person voting as proxy for an elector, the name of the elector and the name and address of the person voting as proxy, shall be entered on the list.

(7) The declaration made by the companion—

(a)shall be in the form set out in Form 7 in the Appendix; 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.

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