Explanatory note

This Order amends the National Assembly for Wales (Representation of the People) Order 2003 (“the principal Order”).

Articles 3, 4, 5 and 6(a) of this Order correct an error in the principal Order by amending articles 8,9 and 12 of that Order so as to remove the requirement to provide an address in the United Kingdom to which postal ballot papers should be sent.

The remainder of article 6 amends Schedule 2 to the principal Order in relation to absent voting at Assembly elections.

Paragraph (b) of article 6 amends paragraph 1 of Schedule 2 so as to allow voters to apply for a postal vote when they apply to be registered to vote.

Paragraph (c) inserts new paragraphs 1A and 1B into Schedule 2. Paragraph 1A provides that the registration officer may satisfy himself that an application for an absent vote has been signed by the applicant by referring to any signature which the applicant has provided previously to the registration officer or the returning officer. Paragraph 1B requires that an application by a person for his ballot paper to be sent to a different address from that shown in the record should set out the reason for it.

Paragraph (d) substitutes a new paragraph 4 of Schedule 2 specifying additional requirements where an application to vote by proxy at a particular Assembly election is made on the grounds of the applicant’s physical incapacity and is made after 5pm on the sixth working day before the date of the poll.

Paragraph (e) substitutes a new sub-paragraph (1) and inserts new sub-paragraphs (1A) and (1B) in paragraph 6 of schedule 2 in relation to closing dates for applications to vote by post or proxy or for the appointment of a proxy. Applications to vote by post must be received by 5pm on the eleventh working day before the date of the poll. Applications to vote by proxy or for the appointment of a proxy must be received by 5pm on the sixth working day before the date of the poll unless the application is one to vote by proxy at a particular Assembly election on the grounds of the of the applicant’s physical incapacity and the applicant became incapacitated after 5pm on the sixth working day before the date of the poll. In such a case the application must be received by 5pm on the day of the poll.

Paragraph (f) amends paragraph 7 of Schedule 2 in relation to the requirements for the registration officer to notify the applicant of his decision to grant an application to vote by post or by proxy or for the appointment of a proxy. It also makes provision for the notification to the applicant of the grant of an application for a ballot paper to be sent to a different address from that shown in the record, for notification of the removal of a person from the record of absent voters and for notification of the cancellation of the appointment of a proxy.

Article 7 amends Schedule 3 to the principal Order in relation to the issue and receipt of postal ballot papers.

Paragraph (a) of article 7 amends paragraph 14 of Schedule 3 so as to permit a replacement ballot paper to be issued in the case of a spoilt declaration of identity as well as in the case of a spoilt ballot paper. A replacement ballot paper may be issued up to 5pm on the day of the poll but an application for a replacement ballot paper made after 5pm on the day before the date of the poll must be made in person.

Paragraph (b) amends paragraph 15 of Schedule 3 so as to permit an application for a replacement ballot paper to be made by a postal voter who claims to have lost or not to have received the ballot paper itself or the declaration of identity or one or more of the envelopes supplied for their return. Again a replacement ballot paper may be issued up to 5pm on the day of the poll but an application for a replacement ballot paper made after 5pm on the day before the day of the poll must be made in person.

Paragraph (c) amends paragraph 27 of Schedule 3 so as to require a copy of the statement of the number of postal ballot papers issued to be sent by the returning officer to the Electoral Commission as well as to the Assembly between 10 and 15 days after the date of the poll.

Article 8 amends paragraph 50 of Schedule 5 to the principal Order so as to enable the returning officer to collect postal ballot papers and declarations of identity from polling stations.