The National Assembly for Wales (Representation of the People) Order 1999
S.I. 1999/450 · Made 10 March 1999
CONSTITUTIONAL LAW
DEVOLUTION, WALES
REPRESENTATION OF THE PEOPLE
Made 10th March 1999
Coming into force in accordance with article 1
The Secretary of State for Wales, in exercise of the powers conferred upon him by section 11 of the Government of Wales Act 1998f1, hereby makes the following Order, a draft of which has been laid before, and approved by a resolution of, each House of Parliament—
Annotations to the whole text
Footnotes
- f1
Contents
- Part I: GENERAL
- 1Citation and commencement
- 2Interpretation
- Part II: ASSEMBLY FRANCHISE AND ITS EXERCISE
- 3Voting at Assembly elections
- 4Registers of electors etc.
- 5Registration appeals
- 6Polling districts and places at Assembly elections
- 7Manner of voting at Assembly elections
- 8Absent vote at Assembly elections for an indefinite period
- 9Absent vote at a particular Assembly election
- 10Absent voters list at Assembly elections
- 11Proxies at Assembly elections
- 12Voting as proxy at Assembly elections
- 13Absent voting at Assembly elections: miscellaneous
- 14Combination of polls at Assembly and local government elections
- 15Conduct of Assembly elections etc.
- 16Returning officers
- 17Officers of councils to be placed at disposal of returning officers
- 18Returning officers: discharge of functions
- 19Returning officers: general
- 20Payments by and to returning officer
- 21Taxation of returning officer’s account
- 22Loan of equipment for Assembly elections
- 23Effect of registers
- 24Effect of misdescription
- 25Discharge of registration duties
- 26Payment of expenses of registration
- 27Personation
- 28Other voting offences
- 29Breach of official duty
- 30Tampering with nomination papers, ballot papers etc.
- 31Requirement of secrecy
- Part III: THE ELECTION CAMPAIGN
- 32Appointment of election agent
- 33Nomination of sub-agent
- 34Office of election agent and sub-agent
- 35Effect of default in election agent’s appointment
- 36Making of contracts through election agent
- 37Expenses of a registered political party
- 38Individual candidate: payment of expenses by or through election agent
- 39Registered political party at an ordinary election: payment of expenses by or through election agent, registered nominating officer, etc.
- 40Registered political party at a regional election other than at an ordinary election: payment of expenses by or through election agent, registered nominating officer etc.
- 41Candidate’s personal expenses, and petty expenses
- 42Individual candidates: prohibition of expenses not authorised by election agent etc.
- 43Registered political party at an ordinary election: prohibition of expenses not authorised by election agent, registered nominating officer etc.
- 44Registered political party at regional elections other than at an ordinary election: prohibition of expenses not authorised by election agent, registererd nominating officer etc.
- 45Provisions supplemental to articles 43 and 44
- 46Individual candidate: limitation of election expenses
- 47Registered political party at an ordinary election: limitation of election expenses
- 48Registered political party at a regional election other than at an ordinary election: limitation of election expenses.
- 49Provisions supplemental to articles 47 and 48
- 50Power to vary provisions concerning election expenses
- 51Time for sending in and paying claims
- 52Disputed claims
- 53Election agent’s claim
- 54Individual candidate at an Assembly election: return as to election expenses
- 55Registered political party: return as to election expenses
- 56Individual candidate at Assembly elections: declarations as to election expenses
- 57Registered political party: declarations as to election expenses
- 58Where no return and declarations are needed at Assembly election
- 59Penalty for failure as respects return of declarations
- 60Penalty for sitting or voting where no return and declarations are delivered etc.
- 61Authorised excuses for failures as to return and declarations
- 62Court’s power to require information from election agent or sub-agent
- 63Publication of time and place of inspection of returns and declarations
- 64Individual candidate: inspection of returns and declarations
- 65Registered political parties: inspection of returns and declarations
- 66Right to send election address post free
- 67Broadcasting from outside United Kingdom
- 68Imitation poll cards
- 69Schools and rooms for Assembly election meetings
- 70Disturbances at Assembly election meetings
- 71Officials not to act for candidates
- 72Illegal canvassing by police officers
- 73No hiring of vehicles to convey voters
- 74No payments for conveyance of voters
- 75Provisions supplemental to articles 73 and 74
- 76“Carriage” in articles 73 to 75
- 77Access to polling place by sea
- 78False statements as to candidates
- 79Corrupt withdrawal from candidature
- 80Premises not to be used as committee rooms
- 81Payments for exhibition of election notices
- 82Printer’s name and address on election publications
- 83Prohibition of paid canvassers
- 84Providing money for illegal purposes
- 85Bribery
- 86Treating
- 87Undue influence
- 88Rights of creditors
- 89Savings as to Assembly elections
- 90Interpretation of Part III
- 91Computation of time for purposes of Part III
- Part IV: LEGAL PROCEEDINGS
- 92Method of questioning Assembly election
- 93Presentation and service of Assembly election petition
- 94Time for presentation or amendment of Assembly election petition
- 95Constitution of election court and place of trial
- 96Judges' expenses and reception
- 97Attendance of shorthand writer
- 98Security for costs
- 99Petition at issue
- 100List of petitions
- 101Trial of petition
- 102Witnesses
- 103Duty to answer relevant questions
- 104Expenses of witnesses
- 105Conclusion of trial of Assembly election petition
- 106Election court determination in respect of a constituency election etc.
- 107Regional election determined to be void by election court
- 108Special case for determination of High Court
- 109Withdrawal of petition
- 110Evidence required for withdrawal of petition
- 111Penalty for corrupt withdrawal and breach of article 110
- 112Substitution of new petitioner
- 113Report on withdrawal
- 114Abatement of petition
- 115Withdrawal and substitution of respondents before trial
- 116Costs of petition
- 117Neglect or refusal to pay costs
- 118Further provision as to costs
- 119Appeals and jurisdiction
- 120Report as to candidate guilty of a corrupt or illegal practice
- 121Candidate reported guilty of corrupt or illegal practice
- 122Persons reported personally guilty of corrupt or illegal practices
- 123Persons reported personally guilty of corrupt or illegal practices at parliamentary elections or local government elections
- 124Persons reported personally guilty of corrupt or illegal practices at European Parliamentary elections
- 125Justice of the peace
- 126Members of legal and certain other professions
- 127Holder of licence or certificate under Licensing Acts
- 128Avoidance of election for general corruption etc.
- 129Avoidance of election for employing corrupt agent
- 130Votes to be struck off for corrupt or illegal practices
- 131Application for relief
- 132Prosecutions for corrupt practices
- 133Prosecutions for illegal practices
- 134Conviction of illegal practice on charge of corrupt practice etc.
- 135Incapacities on conviction of corrupt or illegal practice
- 136Incapacities on conviction of corrupt or illegal practice at parliamentary elections or local government elections
- 137Incapacities on conviction of corrupt or illegal practice at European Parliamentary elections
- 138Mitigation and remission etc.
- 139Illegal payments etc.
- 140Time limit for prosecutions
- 141Prosecution of offences committed outside the United Kingdom
- 142Offences by associations
- 143Evidence by certificate of holding of Assembly elections
- 144Director of Public Prosecutions
- 145Rules of procedure
- 146Costs
- 147Service of notices
- 148Interpretation of Part IV
- 149Computation of time for purposes of Part IV
- Part V: MISCELLANEOUS AND SUPPLEMENTAL
- 150Advertisements
- 151Assembly constituencies not wholly within a county or county borough
- 152Forms: absent voting
- 153Forms: general
- 154Public notices, and declarations
- 155Sending of applications and notices
- 156Publication of documents
- 157Interference with notices etc.
- 158Premises used for election purposes
- Signature
- Schedule 1: ELECTORS LISTS AND REGISTERS: MISCELLANEOUS AND RELATED PROVISION
- 1Free copies of electors lists
- 2Free copies of register etc.
- 3Sale of lists and register
- 4Supply of data
- 5Supply of Labels
- 6Alterations to published register
- 7Interpretation
- Schedule 2: ABSENT VOTING AT ASSEMBLY ELECTIONS
- 1General requirements for applications
- 2Additional requirements for applicant no longer resident at qualifying address
- 3Additional requirements for applications on grounds of physical incapacity
- 4Additional requirements for applications based on occupation, service or employment
- 5Additional requirements for applications in respect of a particular Assembly election
- 6Additional requirements for applications for appointment of a proxy
- 7Additional requirements for applications by proxies to vote by post at a particular Assembly election
- 8Closing dates for applications
- 9Grant or refusal of applications
- 10Notice of appeal
- 11Cancellation of proxy appointment
- 12Inquiries by registration officer
- 13Records and lists kept under articles 8, 10 and 12
- 14Marked register for polling stations
- 15Certificate of employment at an Assembly election
- 16Notification by registration officer
- 17Transitional provision for absent voters
- OF FORMSAppendix OF FORMS
- Schedule 3: ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS
- 1Interpretation
- Part: issue of postal ballot papers
- 2Combination of polls
- 3Form of declaration of identity
- 4Regional elections
- 5Persons entitled to be present at issue and receipt of postal ballot papers
- 6Notification of requirement of secrecy
- 7Notice of issue of postal ballot papers
- 8Marking of postal ballot papers etc.
- 9Refusal to issue postal ballot paper
- 10Envelopes
- 11Delivery of postal ballot papers to post office
- 12Provision of postal voters' ballot box
- 13Sealing up of special lists and counterfoils
- 14Spoilt postal ballot paper
- Part: receipt of postal ballot papers
- 15Receipt of covering envelope
- 16Opening of postal voters' ballot box
- 17Opening of covering envelopes
- 18Sealing up of rejected votes and declarations of identity
- 19Opening of ballot paper envelopes
- 20Abandoned poll
- 21Forwarding of documents
- OF FORMSAppendix OF FORMS
- Schedule 4: COMBINATION OF POLLS
- Part I: GENERAL
- 1Returning officers and polling stations
- 4Returning officers and polling stations
- 2Functions at combined polls
- 3Modification of provisions about expenses in this Order and the 1983 Act
- Part II: MODIFICATIONS TO SCHEDULE 5 TO APPLY WHERE THE POLL AT AN ASSEMBLY ELECTION IS TAKEN TOGETHER WITH A POLL AT A LOCAL GOVERNMENT ELECTION UNDER ARTICLE 14(1) OR (2)
- 4Modifications to Schedule 5: general provision
- 5Paragraph 25 of Schedule 5 (colour of ballot papers)
- 6Paragraph 29 of Schedule 5 (notice of poll)
- 7Paragraph 33 of Schedule 5 (issue of official poll cards)
- 8Paragraph 34 of Schedule 5 (equipment of polling stations)
- 9Paragraph 35 of Schedule 5 (appointment of polling and counting agents)
- 10Paragraph 40 of Schedule 5 (questions to be put to voters)
- 11Paragraph 42 of Schedule 5 (voting procedure)
- 12Paragraph 43 of Schedule 5 (votes marked by presiding officer)
- 13Paragraph 44 of Schedule 5 (voting by blind persons)
- 14Paragraph 45 of Schedule 5 (tendered ballot papers)
- 15Paragraph 47 of Schedule 5 (adjournment of poll in case of riot)
- 16Paragraph 48 of Schedule 5 (procedure on close of poll)
- 17Paragraph 49 of Schedule 5 (time of, and attendance at, counting of votes)
- 18Paragraph 50 of Schedule 5 (the count)
- 19Paragraph 62 of Schedule 5 (delivery of documents to the Assembly)
- 20Paragraph 65 of Schedule 5 (countermand or abandonment of poll etc. on death of candidate)
- 21Appendix of forms in Schedule 5 (form of directions for the guidance of the voters in voting)
- 22Appendix of forms in Schedule 5 (form of declaration to be made by the companion of a blind voter)
- Part III: MODIFICATIONS TO ELECTION RULES TO APPLY WHERE THE POLL AT AN ELECTION OF COUNTY OR COUNTY BOROUGH COUNCILLORS IS TAKEN TOGETHER WITH A POLL AT AN ASSEMBLY ELECTION UNDER ARTICLE 14(1) OR (2)
- 23Modifications to principal area election rules: general provision
- 24Rule 1 of principal area election rules (timetable)
- 25Rule 14 of principal area election rules (the ballot papers)
- 26Rule 18 of principal area election rules (notice of poll)
- 27Rule 22 of principal area election rules (issue of official poll cards)
- 28Rule 23 of principal area election rules (equipment of polling stations)
- 29Rule 24 of principal area election rules (appointment of polling and counting agents)
- 30Rule 29 of principal area election rules (questions to be put to voters)
- 31Rule 31 of principal area election rules (voting procedure)
- 32Rule 32 of principal area election rules (votes marked by presiding officer)
- 33Rule 33 of principal area election rules (voting by blind persons)
- 34Rule 34 of principal area election rules (tendered ballot papers)
- 35Rule 36 of principal area election rules (adjournment of poll in case of riot)
- 36Rule 37 of principal area election rules (procedure on close of poll)
- 37Rules 38 of principal area election rules (attendance at counting of votes)
- 38Rule 39 of principal area election rules (the count)
- 39Rule 46 of principal area election rules (delivery of documents)
- 40Rule 49 of principal area election rules (countermand or abandonment of poll on death of candidate)
- 41Appendix of forms to principal area election rules (declaration of identity)
- 42Appendix of forms to principal area election rules (directions for the guidance of the voters in voting)
- 43Appendix of forms to principal area election rules (declaration to be made by the companion of a blind voter)
- Part IV: MODIFICATIONS TO ELECTION RULES TO APPLY WHERE THE POLL AT AN ELECTION OF COMMUNITY COUNCILLORS IS TAKEN TOGETHER WITH THE POLL AT AN ASSEMBLY ELECTION UNDER ARTICLE 14(1) OR (2)
- 44Modifications to community election rules: general provision
- 45Rule 1 of community election rules (timetable)
- 46Rule 14 of community election rules (the ballot papers)
- 47Rule 18 of community election rules (notice of poll)
- 48Rule 22 of community election rules (issue of official poll cards)
- 49Rule 23 of community election rules (equipment of polling stations)
- 50Rule 24 of community election rules (appointment of polling and counting agents)
- 51Rule 29 of community election rules (questions to be put to voters)
- 52Rule 31 of community election rules (voting procedure)
- 53Rule 32 of community election rules (votes marked by presiding officer)
- 54Rule 33 of community election rules (voting by blind persons)
- 55Rule 34 of community election rules (tendered ballot papers)
- 56Rule 36 of community election rules (adjournment of poll in case of riot)
- 57Rule 37 of community election rules (procedure on close of poll)
- 58Rule 38 of community election rules (attendance at counting of votes)
- 59Rule 39 of community election rules (the count)
- 60Rule 46 of community election rules (delivery of documents)
- 61Rule 49 of community election rules (countermand or abandonment of poll on death of candidate)
- 62Appendix of forms to community election rules (declaration of identity)
- 63Appendix of forms to community election rules (directions for the guidance of the voters in voting)
- 64Appendix of forms to community election rules (declaration to be made by the companion of a blind voter)
- Schedule 5: CONDUCT OF ASSEMBLY ELECTIONS AND RETURN OF ASSEMBLY MEMBERS
- Part I: provisions as to time
- 1Timetable
- 2Computation of time
- Part II: STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS
- notice of election
- 3Notice of election: constituency election and regional election
- Nomination
- 4Nomination of candidates at a constituency election
- 5Nomination paper: name of registered political party
- 6Nomination of individual candidates at a regional election
- 7Nomination of party list candidates at a regional election
- 8Party nomination paper: name of registered political party
- 9Consent to nomination
- 10Deposit
- 11Place for delivery of nomination papers
- 12Right to attend nomination
- 13Decisions as to validity of individual nomination papers
- 14Decisions as to validity of party nomination papers and as to the validity of nominations included on a party list
- 15Withdrawal of candidates
- 16Constituency election: publication of statement of persons nominated
- 17Regional election: publication of statement of persons nominated and registered political parties which have submitted a party list
- 18Disqualification by Representation of the People Act 1981
- 19Adjournment of nomination proceedings in the case of riot
- 20Method of election at a constituency election
- 21Method of election at a regional election
- Part III: CONTESTED ELECTIONS
- General Provisions
- 22Poll to be taken by ballot
- 23The ballot paper at a constituency election
- 24The ballot paper at a regional election
- 25Colour of ballot papers at an ordinary election
- 26The official mark
- 27Prohibition of disclosure of vote
- 28Use of schools and public rooms
- action to be taken before the poll
- 29Notice of poll
- 30Postal ballot papers
- 31Provision of polling stations
- 32Appointment of presiding officers and clerks
- 33Issue of official poll cards
- 34Equipment of polling stations
- 35Appointment of polling and counting agents
- 36Notification of requirement of secrecy
- the poll
- 37Admission to polling station
- 38Keeping of order in the polling station
- 39Sealing of ballot boxes
- 40Questions to be put to voters
- 41Challenge of voter
- 42Voting procedure
- 43Votes marked by presiding officer
- 44Voting by blind persons
- 45Tendered ballot papers
- 46Spoilt ballot papers
- 47Adjournment of poll in case of riot
- 48Procedure on close of poll
- counting of votes
- 49Time of, and attendance at, counting of votes
- 50The count
- 51Re-count at a constituency election
- 52Re-count of electoral region votes in an Assembly constituency
- 53Rejected ballot papers
- 54Decisions on ballot papers
- 55Equality of votes at a constituency election
- 56Regional election: conveying results of count etc. to regional returning officer
- Part IV: final proceedings in contested and uncontested elections
- 57Declaration of result at a constituency election
- 58Ascertainment of results at a contested regional election
- 59Declaration of results at a regional election
- 60Return or forfeiture of deposit
- Part V: disposal of documents
- 61Sealing up of ballot papers
- 62Delivery of documents to the Assembly
- 63Order for production of documents
- 64Retention and public inspection of documents
- Part VI: death of candidate
- 65Countermand or abandonment of poll etc. on death of candidate
- Part VII: miscellaneous
- 66Vacancies: Assembly constituency seats
- 67Vacancies: return of electoral region members
- 68Return of Assembly members and record of returns etc.
- 69Registered political parties
- 70Party’s registered nominating officer: discharge of functions
- OF FORMSAppendix OF FORMS
- Schedule 6: RETURNS AND DECLARATIONS AS TO ELECTION EXPENSES
- Form of return referred to in article 42(4)
- Form of declaration referred to in article 42(4)
- Form of return referred to in article 45(2)
- Form of declaration referred to in article 45(2)
- Form of return referred to in article 54(1)
- Form of return referred to in article 55(1)
- Form of declarations referred to in article 56(1), (2) and (5)
- Form of declaration referred to in article 57(1)
- Form of declarations referred to in article 57(2)
- Schedule 7: USE FOR ASSEMBLY ELECTION MEETINGS OF ROOMS IN SCHOOL PREMISES AND OF MEETING ROOMS
- 1Use of rooms in school premises
- 2Lists of rooms in school premises
- 3Lists of meeting rooms
- 4Lists to be kept by registration officer etc.
- 5Inspection etc. of lists
- Schedule 8: MODIFICATION OF ELECTION PETITION RULES 1960
- 1Assembly election petition: modification of the Election Petition Rules 1960
- 2Rule 2(2) of the 1960 Rules (definitions)
- 3Rule 2(3) of the 1960 Rules (prescribed officer)
- 4Rule 4(1) of the 1960 Rules (form of petition)
- 5Rule 9(3) of the 1960 Rules (display etc. of notice of time and place of trial)
- 6Rule 10(1) of the 1960 Rules (identifying votes at issue)
- 7References to “election” in the 1960 Rules
- 8Form of election petition in the 1960 Rules
- Explanatory note