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The National Assembly for Wales (Representation of the People) Order 2003

S.I. 2003/284 · Made 28 February 2003

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 28th February 2003

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 and after consulting the Electoral Commission f2, 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. Section 11 was amended by the Political Parties, Elections and Referedums Act 2000 (c. 41), section 158(1), Schedule 21, paragraph 12(1), (3).

f2

Consultation with the Electoral Commission is required by the Political Parties, Elections and Referendums Act 2000, section 7(1).

Contents

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