Paragraph 57 Declaration of result at a constituency election

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 5 modified by National Assembly for Wales (Representation of the People) 2003 Sch. 4 Pt. 2
Sch. 5 para. 12(5) words substituted by Civil Partnership Act 2004 (Amendments to Subordinate Legislation) 2005 art. 2(11) Sch. 11 para. 1(7)(a)
Sch. 5 para. 40(5)(a) words substituted by Civil Partnership Act 2004 (Amendments to Subordinate Legislation) 2005 art. 2(11) Sch. 11 para. 1(7)(b)
Sch. 5 para. 40(5)(b) words substituted by Civil Partnership Act 2004 (Amendments to Subordinate Legislation) 2005 art. 2(11) Sch. 11 para. 1(7)(c)
Sch. 5 para. 40(6)(a) words substituted by Civil Partnership Act 2004 (Amendments to Subordinate Legislation) 2005 art. 2(11) Sch. 11 para. 1(7)(d)
Sch. 5 para. 40(6)(b) words substituted by Civil Partnership Act 2004 (Amendments to Subordinate Legislation) 2005 art. 2(11) Sch. 11 para. 1(7)(e)
Sch. 5 para. 44(3)(b) words substituted by Civil Partnership Act 2004 (Amendments to Subordinate Legislation) 2005 art. 2(11) Sch. 11 para. 1(7)(f)
Sch. 5 para. 49(7)(b) words substituted by Civil Partnership Act 2004 (Amendments to Subordinate Legislation) 2005 art. 2(11) Sch. 11 para. 1(7)(g)
Sch. 5 para. 50(1) words substituted by National Assembly for Wales (Representation of the People) 2006 art. 8(a)
Sch. 5 para. 50(6A)(6B) inserted by National Assembly for Wales (Representation of the People) 2006 art. 8(b)

(1)

At a contested constituency election, when the result of the poll has been ascertained, the constituency returning officer shall forthwith—

(a)

declare to be elected the candidate to whom the majority of votes has been given,

(b)

return his name and, if a certificate has been received by the constituency returning officer issued by the registered nominating officer of a registered political party under paragraph 5(1) in respect of the candidate, the name of the party to the Assembly in accordance with sub-paragraph (4),

(c)

give public notice of—

(i)

his name and, if applicable, the registered political party referred to in sub-paragraph (1)(b), and

(ii)

the total number of votes given for each candidate together with the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.

(2)

At an uncontested constituency election, the statement of persons nominated, in addition to showing the person standing nominated, shall also declare that person elected, and the constituency returning officer shall forthwith return his name and, if applicable, the name of the registered political party referred to in sub-paragraph (1)(b) to the Assembly in accordance with sub-paragraph (4).

(3)

Where sub-paragraph (1) or (2) applies at an ordinary election, the constituency returning officer shall forthwith also notify the regional returning officer for the Assembly electoral region in which the Assembly constituency is situated as to the name of the candidate who has been returned and, if applicable, the name of the registered political party referred to in sub-paragraph (1)(b); and where the name of a candidate and registered political party is so notified, the candidate is to be treated for the purposes of section 6(1)(b) of the 1998 Act as a candidate of the party.

(4)

For the purposes of sub-paragraph (1)(b) and (2) the constituency returning officer shall return those names required to be returned, by—

(a)

completing a certificate in the form set out in English and Welsh in the Appendix, and

(b)

delivering it, or causing it to be delivered, to the Assembly,

and a candidate shall be treated as having been returned as an Assembly member when his name is returned in accordance with this sub-paragraph.

(5)

But in relation to the first ordinary election the references in sub-paragraphs (1)(b), (2) and (4)(b) to the Assembly shall be construed as references to the Secretary of State.