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The National Assembly for Wales (Representation of the People) Order 1999

S.I. 1999/450 · Made 10 March 1999

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

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

1998 c. 38.

Contents

  1. Part I: GENERAL
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part II: ASSEMBLY FRANCHISE AND ITS EXERCISE
  5. 3Voting at Assembly elections
  6. 4Registers of electors etc.
  7. 5Registration appeals
  8. 6Polling districts and places at Assembly elections
  9. 7Manner of voting at Assembly elections
  10. 8Absent vote at Assembly elections for an indefinite period
  11. 9Absent vote at a particular Assembly election
  12. 10Absent voters list at Assembly elections
  13. 11Proxies at Assembly elections
  14. 12Voting as proxy at Assembly elections
  15. 13Absent voting at Assembly elections: miscellaneous
  16. 14Combination of polls at Assembly and local government elections
  17. 15Conduct of Assembly elections etc.
  18. 16Returning officers
  19. 17Officers of councils to be placed at disposal of returning officers
  20. 18Returning officers: discharge of functions
  21. 19Returning officers: general
  22. 20Payments by and to returning officer
  23. 21Taxation of returning officer’s account
  24. 22Loan of equipment for Assembly elections
  25. 23Effect of registers
  26. 24Effect of misdescription
  27. 25Discharge of registration duties
  28. 26Payment of expenses of registration
  29. 27Personation
  30. 28Other voting offences
  31. 29Breach of official duty
  32. 30Tampering with nomination papers, ballot papers etc.
  33. 31Requirement of secrecy
  34. Part III: THE ELECTION CAMPAIGN
  35. 32Appointment of election agent
  36. 33Nomination of sub-agent
  37. 34Office of election agent and sub-agent
  38. 35Effect of default in election agent’s appointment
  39. 36Making of contracts through election agent
  40. 37Expenses of a registered political party
  41. 38Individual candidate: payment of expenses by or through election agent
  42. 39Registered political party at an ordinary election: payment of expenses by or through election agent, registered nominating officer, etc.
  43. 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.
  44. 41Candidate’s personal expenses, and petty expenses
  45. 42Individual candidates: prohibition of expenses not authorised by election agent etc.
  46. 43Registered political party at an ordinary election: prohibition of expenses not authorised by election agent, registered nominating officer etc.
  47. 44Registered political party at regional elections other than at an ordinary election: prohibition of expenses not authorised by election agent, registererd nominating officer etc.
  48. 45Provisions supplemental to articles 43 and 44
  49. 46Individual candidate: limitation of election expenses
  50. 47Registered political party at an ordinary election: limitation of election expenses
  51. 48Registered political party at a regional election other than at an ordinary election: limitation of election expenses.
  52. 49Provisions supplemental to articles 47 and 48
  53. 50Power to vary provisions concerning election expenses
  54. 51Time for sending in and paying claims
  55. 52Disputed claims
  56. 53Election agent’s claim
  57. 54Individual candidate at an Assembly election: return as to election expenses
  58. 55Registered political party: return as to election expenses
  59. 56Individual candidate at Assembly elections: declarations as to election expenses
  60. 57Registered political party: declarations as to election expenses
  61. 58Where no return and declarations are needed at Assembly election
  62. 59Penalty for failure as respects return of declarations
  63. 60Penalty for sitting or voting where no return and declarations are delivered etc.
  64. 61Authorised excuses for failures as to return and declarations
  65. 62Court’s power to require information from election agent or sub-agent
  66. 63Publication of time and place of inspection of returns and declarations
  67. 64Individual candidate: inspection of returns and declarations
  68. 65Registered political parties: inspection of returns and declarations
  69. 66Right to send election address post free
  70. 67Broadcasting from outside United Kingdom
  71. 68Imitation poll cards
  72. 69Schools and rooms for Assembly election meetings
  73. 70Disturbances at Assembly election meetings
  74. 71Officials not to act for candidates
  75. 72Illegal canvassing by police officers
  76. 73No hiring of vehicles to convey voters
  77. 74No payments for conveyance of voters
  78. 75Provisions supplemental to articles 73 and 74
  79. 76“Carriage” in articles 73 to 75
  80. 77Access to polling place by sea
  81. 78False statements as to candidates
  82. 79Corrupt withdrawal from candidature
  83. 80Premises not to be used as committee rooms
  84. 81Payments for exhibition of election notices
  85. 82Printer’s name and address on election publications
  86. 83Prohibition of paid canvassers
  87. 84Providing money for illegal purposes
  88. 85Bribery
  89. 86Treating
  90. 87Undue influence
  91. 88Rights of creditors
  92. 89Savings as to Assembly elections
  93. 90Interpretation of Part III
  94. 91Computation of time for purposes of Part III
  95. Part IV: LEGAL PROCEEDINGS
  96. 92Method of questioning Assembly election
  97. 93Presentation and service of Assembly election petition
  98. 94Time for presentation or amendment of Assembly election petition
  99. 95Constitution of election court and place of trial
  100. 96Judges' expenses and reception
  101. 97Attendance of shorthand writer
  102. 98Security for costs
  103. 99Petition at issue
  104. 100List of petitions
  105. 101Trial of petition
  106. 102Witnesses
  107. 103Duty to answer relevant questions
  108. 104Expenses of witnesses
  109. 105Conclusion of trial of Assembly election petition
  110. 106Election court determination in respect of a constituency election etc.
  111. 107Regional election determined to be void by election court
  112. 108Special case for determination of High Court
  113. 109Withdrawal of petition
  114. 110Evidence required for withdrawal of petition
  115. 111Penalty for corrupt withdrawal and breach of article 110
  116. 112Substitution of new petitioner
  117. 113Report on withdrawal
  118. 114Abatement of petition
  119. 115Withdrawal and substitution of respondents before trial
  120. 116Costs of petition
  121. 117Neglect or refusal to pay costs
  122. 118Further provision as to costs
  123. 119Appeals and jurisdiction
  124. 120Report as to candidate guilty of a corrupt or illegal practice
  125. 121Candidate reported guilty of corrupt or illegal practice
  126. 122Persons reported personally guilty of corrupt or illegal practices
  127. 123Persons reported personally guilty of corrupt or illegal practices at parliamentary elections or local government elections
  128. 124Persons reported personally guilty of corrupt or illegal practices at European Parliamentary elections
  129. 125Justice of the peace
  130. 126Members of legal and certain other professions
  131. 127Holder of licence or certificate under Licensing Acts
  132. 128Avoidance of election for general corruption etc.
  133. 129Avoidance of election for employing corrupt agent
  134. 130Votes to be struck off for corrupt or illegal practices
  135. 131Application for relief
  136. 132Prosecutions for corrupt practices
  137. 133Prosecutions for illegal practices
  138. 134Conviction of illegal practice on charge of corrupt practice etc.
  139. 135Incapacities on conviction of corrupt or illegal practice
  140. 136Incapacities on conviction of corrupt or illegal practice at parliamentary elections or local government elections
  141. 137Incapacities on conviction of corrupt or illegal practice at European Parliamentary elections
  142. 138Mitigation and remission etc.
  143. 139Illegal payments etc.
  144. 140Time limit for prosecutions
  145. 141Prosecution of offences committed outside the United Kingdom
  146. 142Offences by associations
  147. 143Evidence by certificate of holding of Assembly elections
  148. 144Director of Public Prosecutions
  149. 145Rules of procedure
  150. 146Costs
  151. 147Service of notices
  152. 148Interpretation of Part IV
  153. 149Computation of time for purposes of Part IV
  154. Part V: MISCELLANEOUS AND SUPPLEMENTAL
  155. 150Advertisements
  156. 151Assembly constituencies not wholly within a county or county borough
  157. 152Forms: absent voting
  158. 153Forms: general
  159. 154Public notices, and declarations
  160. 155Sending of applications and notices
  161. 156Publication of documents
  162. 157Interference with notices etc.
  163. 158Premises used for election purposes
  164. Signature
  165. Schedule 1: ELECTORS LISTS AND REGISTERS: MISCELLANEOUS AND RELATED PROVISION
  166. 1Free copies of electors lists
  167. 2Free copies of register etc.
  168. 3Sale of lists and register
  169. 4Supply of data
  170. 5Supply of Labels
  171. 6Alterations to published register
  172. 7Interpretation
  173. Schedule 2: ABSENT VOTING AT ASSEMBLY ELECTIONS
  174. 1General requirements for applications
  175. 2Additional requirements for applicant no longer resident at qualifying address
  176. 3Additional requirements for applications on grounds of physical incapacity
  177. 4Additional requirements for applications based on occupation, service or employment
  178. 5Additional requirements for applications in respect of a particular Assembly election
  179. 6Additional requirements for applications for appointment of a proxy
  180. 7Additional requirements for applications by proxies to vote by post at a particular Assembly election
  181. 8Closing dates for applications
  182. 9Grant or refusal of applications
  183. 10Notice of appeal
  184. 11Cancellation of proxy appointment
  185. 12Inquiries by registration officer
  186. 13Records and lists kept under articles 8, 10 and 12
  187. 14Marked register for polling stations
  188. 15Certificate of employment at an Assembly election
  189. 16Notification by registration officer
  190. 17Transitional provision for absent voters
  191. OF FORMSAppendix OF FORMS
  192. Schedule 3: ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS
  193. 1Interpretation
  194. Part: issue of postal ballot papers
  195. 2Combination of polls
  196. 3Form of declaration of identity
  197. 4Regional elections
  198. 5Persons entitled to be present at issue and receipt of postal ballot papers
  199. 6Notification of requirement of secrecy
  200. 7Notice of issue of postal ballot papers
  201. 8Marking of postal ballot papers etc.
  202. 9Refusal to issue postal ballot paper
  203. 10Envelopes
  204. 11Delivery of postal ballot papers to post office
  205. 12Provision of postal voters' ballot box
  206. 13Sealing up of special lists and counterfoils
  207. 14Spoilt postal ballot paper
  208. Part: receipt of postal ballot papers
  209. 15Receipt of covering envelope
  210. 16Opening of postal voters' ballot box
  211. 17Opening of covering envelopes
  212. 18Sealing up of rejected votes and declarations of identity
  213. 19Opening of ballot paper envelopes
  214. 20Abandoned poll
  215. 21Forwarding of documents
  216. OF FORMSAppendix OF FORMS
  217. Schedule 4: COMBINATION OF POLLS
  218. Part I: GENERAL
  219. 1Returning officers and polling stations
  220. 4Returning officers and polling stations
  221. 2Functions at combined polls
  222. 3Modification of provisions about expenses in this Order and the 1983 Act
  223. 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)
  224. 4Modifications to Schedule 5: general provision
  225. 5Paragraph 25 of Schedule 5 (colour of ballot papers)
  226. 6Paragraph 29 of Schedule 5 (notice of poll)
  227. 7Paragraph 33 of Schedule 5 (issue of official poll cards)
  228. 8Paragraph 34 of Schedule 5 (equipment of polling stations)
  229. 9Paragraph 35 of Schedule 5 (appointment of polling and counting agents)
  230. 10Paragraph 40 of Schedule 5 (questions to be put to voters)
  231. 11Paragraph 42 of Schedule 5 (voting procedure)
  232. 12Paragraph 43 of Schedule 5 (votes marked by presiding officer)
  233. 13Paragraph 44 of Schedule 5 (voting by blind persons)
  234. 14Paragraph 45 of Schedule 5 (tendered ballot papers)
  235. 15Paragraph 47 of Schedule 5 (adjournment of poll in case of riot)
  236. 16Paragraph 48 of Schedule 5 (procedure on close of poll)
  237. 17Paragraph 49 of Schedule 5 (time of, and attendance at, counting of votes)
  238. 18Paragraph 50 of Schedule 5 (the count)
  239. 19Paragraph 62 of Schedule 5 (delivery of documents to the Assembly)
  240. 20Paragraph 65 of Schedule 5 (countermand or abandonment of poll etc. on death of candidate)
  241. 21Appendix of forms in Schedule 5 (form of directions for the guidance of the voters in voting)
  242. 22Appendix of forms in Schedule 5 (form of declaration to be made by the companion of a blind voter)
  243. 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)
  244. 23Modifications to principal area election rules: general provision
  245. 24Rule 1 of principal area election rules (timetable)
  246. 25Rule 14 of principal area election rules (the ballot papers)
  247. 26Rule 18 of principal area election rules (notice of poll)
  248. 27Rule 22 of principal area election rules (issue of official poll cards)
  249. 28Rule 23 of principal area election rules (equipment of polling stations)
  250. 29Rule 24 of principal area election rules (appointment of polling and counting agents)
  251. 30Rule 29 of principal area election rules (questions to be put to voters)
  252. 31Rule 31 of principal area election rules (voting procedure)
  253. 32Rule 32 of principal area election rules (votes marked by presiding officer)
  254. 33Rule 33 of principal area election rules (voting by blind persons)
  255. 34Rule 34 of principal area election rules (tendered ballot papers)
  256. 35Rule 36 of principal area election rules (adjournment of poll in case of riot)
  257. 36Rule 37 of principal area election rules (procedure on close of poll)
  258. 37Rules 38 of principal area election rules (attendance at counting of votes)
  259. 38Rule 39 of principal area election rules (the count)
  260. 39Rule 46 of principal area election rules (delivery of documents)
  261. 40Rule 49 of principal area election rules (countermand or abandonment of poll on death of candidate)
  262. 41Appendix of forms to principal area election rules (declaration of identity)
  263. 42Appendix of forms to principal area election rules (directions for the guidance of the voters in voting)
  264. 43Appendix of forms to principal area election rules (declaration to be made by the companion of a blind voter)
  265. 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)
  266. 44Modifications to community election rules: general provision
  267. 45Rule 1 of community election rules (timetable)
  268. 46Rule 14 of community election rules (the ballot papers)
  269. 47Rule 18 of community election rules (notice of poll)
  270. 48Rule 22 of community election rules (issue of official poll cards)
  271. 49Rule 23 of community election rules (equipment of polling stations)
  272. 50Rule 24 of community election rules (appointment of polling and counting agents)
  273. 51Rule 29 of community election rules (questions to be put to voters)
  274. 52Rule 31 of community election rules (voting procedure)
  275. 53Rule 32 of community election rules (votes marked by presiding officer)
  276. 54Rule 33 of community election rules (voting by blind persons)
  277. 55Rule 34 of community election rules (tendered ballot papers)
  278. 56Rule 36 of community election rules (adjournment of poll in case of riot)
  279. 57Rule 37 of community election rules (procedure on close of poll)
  280. 58Rule 38 of community election rules (attendance at counting of votes)
  281. 59Rule 39 of community election rules (the count)
  282. 60Rule 46 of community election rules (delivery of documents)
  283. 61Rule 49 of community election rules (countermand or abandonment of poll on death of candidate)
  284. 62Appendix of forms to community election rules (declaration of identity)
  285. 63Appendix of forms to community election rules (directions for the guidance of the voters in voting)
  286. 64Appendix of forms to community election rules (declaration to be made by the companion of a blind voter)
  287. Schedule 5: CONDUCT OF ASSEMBLY ELECTIONS AND RETURN OF ASSEMBLY MEMBERS
  288. Part I: provisions as to time
  289. 1Timetable
  290. 2Computation of time
  291. Part II: STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS
  292. notice of election
  293. 3Notice of election: constituency election and regional election
  294. Nomination
  295. 4Nomination of candidates at a constituency election
  296. 5Nomination paper: name of registered political party
  297. 6Nomination of individual candidates at a regional election
  298. 7Nomination of party list candidates at a regional election
  299. 8Party nomination paper: name of registered political party
  300. 9Consent to nomination
  301. 10Deposit
  302. 11Place for delivery of nomination papers
  303. 12Right to attend nomination
  304. 13Decisions as to validity of individual nomination papers
  305. 14Decisions as to validity of party nomination papers and as to the validity of nominations included on a party list
  306. 15Withdrawal of candidates
  307. 16Constituency election: publication of statement of persons nominated
  308. 17Regional election: publication of statement of persons nominated and registered political parties which have submitted a party list
  309. 18Disqualification by Representation of the People Act 1981
  310. 19Adjournment of nomination proceedings in the case of riot
  311. 20Method of election at a constituency election
  312. 21Method of election at a regional election
  313. Part III: CONTESTED ELECTIONS
  314. General Provisions
  315. 22Poll to be taken by ballot
  316. 23The ballot paper at a constituency election
  317. 24The ballot paper at a regional election
  318. 25Colour of ballot papers at an ordinary election
  319. 26The official mark
  320. 27Prohibition of disclosure of vote
  321. 28Use of schools and public rooms
  322. action to be taken before the poll
  323. 29Notice of poll
  324. 30Postal ballot papers
  325. 31Provision of polling stations
  326. 32Appointment of presiding officers and clerks
  327. 33Issue of official poll cards
  328. 34Equipment of polling stations
  329. 35Appointment of polling and counting agents
  330. 36Notification of requirement of secrecy
  331. the poll
  332. 37Admission to polling station
  333. 38Keeping of order in the polling station
  334. 39Sealing of ballot boxes
  335. 40Questions to be put to voters
  336. 41Challenge of voter
  337. 42Voting procedure
  338. 43Votes marked by presiding officer
  339. 44Voting by blind persons
  340. 45Tendered ballot papers
  341. 46Spoilt ballot papers
  342. 47Adjournment of poll in case of riot
  343. 48Procedure on close of poll
  344. counting of votes
  345. 49Time of, and attendance at, counting of votes
  346. 50The count
  347. 51Re-count at a constituency election
  348. 52Re-count of electoral region votes in an Assembly constituency
  349. 53Rejected ballot papers
  350. 54Decisions on ballot papers
  351. 55Equality of votes at a constituency election
  352. 56Regional election: conveying results of count etc. to regional returning officer
  353. Part IV: final proceedings in contested and uncontested elections
  354. 57Declaration of result at a constituency election
  355. 58Ascertainment of results at a contested regional election
  356. 59Declaration of results at a regional election
  357. 60Return or forfeiture of deposit
  358. Part V: disposal of documents
  359. 61Sealing up of ballot papers
  360. 62Delivery of documents to the Assembly
  361. 63Order for production of documents
  362. 64Retention and public inspection of documents
  363. Part VI: death of candidate
  364. 65Countermand or abandonment of poll etc. on death of candidate
  365. Part VII: miscellaneous
  366. 66Vacancies: Assembly constituency seats
  367. 67Vacancies: return of electoral region members
  368. 68Return of Assembly members and record of returns etc.
  369. 69Registered political parties
  370. 70Party’s registered nominating officer: discharge of functions
  371. OF FORMSAppendix OF FORMS
  372. Schedule 6: RETURNS AND DECLARATIONS AS TO ELECTION EXPENSES
  373. Form of return referred to in article 42(4)
  374. Form of declaration referred to in article 42(4)
  375. Form of return referred to in article 45(2)
  376. Form of declaration referred to in article 45(2)
  377. Form of return referred to in article 54(1)
  378. Form of return referred to in article 55(1)
  379. Form of declarations referred to in article 56(1), (2) and (5)
  380. Form of declaration referred to in article 57(1)
  381. Form of declarations referred to in article 57(2)
  382. Schedule 7: USE FOR ASSEMBLY ELECTION MEETINGS OF ROOMS IN SCHOOL PREMISES AND OF MEETING ROOMS
  383. 1Use of rooms in school premises
  384. 2Lists of rooms in school premises
  385. 3Lists of meeting rooms
  386. 4Lists to be kept by registration officer etc.
  387. 5Inspection etc. of lists
  388. Schedule 8: MODIFICATION OF ELECTION PETITION RULES 1960
  389. 1Assembly election petition: modification of the Election Petition Rules 1960
  390. 2Rule 2(2) of the 1960 Rules (definitions)
  391. 3Rule 2(3) of the 1960 Rules (prescribed officer)
  392. 4Rule 4(1) of the 1960 Rules (form of petition)
  393. 5Rule 9(3) of the 1960 Rules (display etc. of notice of time and place of trial)
  394. 6Rule 10(1) of the 1960 Rules (identifying votes at issue)
  395. 7References to “election” in the 1960 Rules
  396. 8Form of election petition in the 1960 Rules
  397. Explanatory note