Article 59 Penalty for sitting or voting where no return and declarations are delivered etc.I1
England and Wales
In the case of an individual candidate, if the return and declarations as to election expenses are not delivered within the time permitted by this Order for the purpose, the candidate may not, after the expiry of that time, sit or vote in the Senedd as member for the constituency for which the election was held until—
that return and those declarations have been delivered, or
the date of the allowance of an authorised excuse for the failure to deliver that return and those declarations (see article 60).
In the case of a party list candidate, if the candidate’s declaration as to personal expenses is not delivered within the time permitted by this Order for the purpose, the candidate may not, after the expiry of that time, sit or vote in the Senedd as member for the constituency for which the election was held until—
that declaration has been delivered, or
the date of the allowance of an authorised excuse for the failure to deliver that declaration (see article 60).
If a candidate sits or votes in contravention of paragraph (1) or (2), the candidate must forfeit £100 for every day on which the candidate so sits or votes.
Civil proceedings for a penalty under this article must be commenced within the period of one year beginning with the day in respect of which the penalty is alleged to have been incurred.
For the purpose of paragraph (4)—
where the service or execution of legal process on or against the alleged offender is prevented by the absconding or concealment or act of the alleged offender, the issue of legal process will be deemed to be the commencement of the proceeding, but
where sub-paragraph (a) does not apply, the service or execution of legal process on or against the alleged offender, and not its issue, will be deemed to be the commencement of the proceeding.
Annotations
Commencement
- I1
Art. 59 in force at 18.7.2025, see art. 1(2)