Article 26 Schedule 5 to the principal Order (Conduct of Assembly elections etc.)

(1)

Schedule 5 to the principal Order shall be amended in accordance with this article.

(2)

In the Arrangement of Paragraphs—

(a)

for the words between “44” and “45” there shall be substituted “Voting by persons with disabilities.”; and

(b)

in the list of forms under the sub-heading “Appendix of Forms”, for the words “Form of declaration to be made by the companion of a blind voter” there shall be substituted “Form of declaration to be made by the companion of a person with disabilities”.

(3)

In paragraph 4 (nomination of candidates at a constituency election), for sub-paragraph (3) substitute—

“(3)

The description, if any, must consist of either—

(a)

a description (of not more than six words in length) which is authorised as mentioned in paragraph 5, or

(b)

the word “Independent” or, where the equivalent form of words in Welsh is prescribed by an order made under section 26(2) of the Welsh Language Act 1993^f1 for use at an Assembly election, that form of words, as well as or in place of the word “Independent”.”.

(4)

In paragraph 5 (nomination paper: name of registered political party)—

(a)

in sub-paragraph (1), after “constituency election,” insert “the party is a qualifying party in relation to the constituency and”; and

(b)

after sub-paragraph (4) add—

“(4A)

In the application of this paragraph and paragraph 6 in relation to an election—

(a)

“registered political party” means a party which was registered under Part II of the 2000 Political Parties Act at the time by which the notice of election is required to be published by virtue of paragraph 3 (“the relevant time”);

(b)

a registered political party is a qualifying party in relation to an Assembly constituency if the party was at the relevant time registered in respect of Wales in the Great Britain register maintained under that Part of that Act.”.

(5)

In paragraph 6 (nomination of individual candidates at a regional election), for sub-paragraph (3) substitute—

“(3)

The description, if any, must consist of either—

(a)

a description (of not more than six words in length) which is not likely to lead voters to associate the candidate with a registered political party; or

(b)

the word “Independent” or, where the equivalent form of words in Welsh is prescribed by an order made under section 26(2) of the Welsh Language Act l993 for use at an Assembly election, that form of words, as well as or in place of the word “Independent".”.

(6)

In paragraph 7 (nomination of party list candidates at a regional election), for sub-paragraph (2) substitute—

“(2)

Each party nomination paper shall include the name of the party which has been registered under Part II of the 2000 Political Parties Act.”.

(7)

In paragraph 8(1) (party nomination paper: name of registered political party), for “description” substitute “name”.

(8)

In paragraph 16 (constituency election: publication of statement of persons nominated), after sub-paragraph (4) add—

“(5)

The constituency returning officer shall send to the Electoral Commission—

(a)

a copy of the statement and

(b)

in the case of each candidate standing nominated in respect of whom a certificate has been received by the returning officer in accordance with paragraph 5, a copy of that certificate as well.”.

(9)

In paragraph 17 (regional election: publication of statement of persons nominated etc), after sub-paragraph (9) insert—

“(9A)

The regional returning officer shall send to the Electoral Commission a copy of the statement.”.

(10)

In paragraph 34 (equipment of polling stations), after sub-paragraph (4) insert—

“(4A)

The constituency returning officer 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 (or devices) of the description set out in sub-paragraphs (4B) and (4C), 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 paragraph 44(1)).

(4B)

The device referred to in sub-paragraph (4A)(b) must be capable of being attached firmly to a ballot paper and of being removed from it after use without damage to the paper.

(4C)

On one side of the device there shall be tabs of equal size which satisfy the appropriate conditions in sub-paragraphs (4D) to (4G).

(4D)

The tabs shall be capable of being positioned on the ballot paper so that each one is above one of the spaces—

(a)

in the case of a constituency election, to the right of the particulars of the candidates or,

(b)

in the case of a regional election, above the descriptions of the registered political parties or, as the case may be, the particulars of individual candidates,

on which the vote is to be marked (“the relevant space”).

(4E)

In the case of a constituency election, each tab shall be numbered so that when the device is positioned over a ballot paper, the number of each tab corresponds to that of the candidate whose particulars are to the left of the relevant space covered by the tab in question.

(4F)

Each number on a tab shall be in raised form so that it can be clearly identified by touch.

(4G)

Each tab shall be capable of being lifted so as to reveal the relevant space and so that there is sufficient room to allow a voter to mark a cross on that space.”.

(11)

In paragraph 35(7) (appointment of polling and counting agents) omit all the words before “any appointment”.

(12)

In paragraph 36(a) (notification of requirement of secrecy), for “blind voter” substitute “voter with disabilities”, and in paragraph 37(1)(e) (admission to polling station), for “blind voters” substitute “voters with disabilities”.

(13)

In paragraph 44 (voting by blind persons)—

(a)

for the heading and sub-paragraph (1) substitute—

“Voting by persons with disabilities

(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 this Schedule 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.”;

(b)

in sub-paragraphs (2), (3), (4) and (8) for “blind voter” or “blind voters” (wherever occurring) substitute “voter with disabilities” or, as the case may be, “voters with disabilities”; and for “blind person” substitute “voter with disabilities”; and

(c)

in sub-paragraph (3) after “For the purposes of this paragraph,” insert “a person is a voter with disabilities if he has made such a declaration as is mentioned in sub-paragraph (1), and”.

(14)

In paragraphs 48(1)(j) and (2)(g) (procedure on close of poll), for “blind voters”, wherever occurring, substitute “voters with disabilities”.

(15)

In paragraph 50 (the count), for sub-paragraph (5) substitute—

“(5)

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 same constituency, or by hand or by post to the constituency returning officer.

(5A)

The presiding officer of the polling station shall deliver or cause to be delivered any postal ballot paper or declaration of identity returned to that polling station to the constituency returning officer in the same manner and at the same time as he delivers, or causes to be delivered, the packets referred to in paragraph 48.”.

(16)

In paragraphs 62(1)(e) and (2)(c) (delivery of documents to the Assembly), for “blind voters” (whenever occurring) substitute “voters with disabilities”.

(17)

In paragraph 69 for “the Registration of Political Parties Act 1998” substitute “Part II of the 2000 Political Parties Act”.

(18)

In the Appendix of Forms, in the form entitled “Form of declaration to be made by the companion of a blind voter”—

(a)

for “blind person” or “blind voter” (wherever occurring) substitute “voter with disabilities”;

(b)

for “person dall” and “bleidleisiwr dall” substitute “pleidleisiwr anabl” and “bleidleisiwr anabl” respectively;

(c)

after the words “guilty of an offence” add the following note—

“A voter with disabilities is a voter who has made a declaration under Schedule 5 to the National Assembly for Wales (Representation of the People) Order 1999 that he is so incapacitated by his blindness or other disability, or by his inability to read, as to be unable to vote without assistance.”; and

(d)

after the words “bydd yn euog o drosedd”, add the following note—

“Pleidleisiwr anabl yw pleidleisiwr sydd wedi datgan dan Atodlen 5 i Orchymyn Cynulliad Cenedlaethol Cymru (Cynrychiolaeth y Bobl) 1999 nad yw'n gallu pleidleisio heb gymorth am ei fod yn anabl drwy ei ddallineb neu drwy anabledd arall, neu o achos anallu i ddarllen.”.

Annotations

Footnotes

f1: 1993 c. 38. The form of words “Annibynnol” was prescribed by article 2 of S.I. 2001/2914 (W.244) as the form of words which may be used as well as or in place of the word “Independent” at an election to the National Assembly for Wales.