{
  "url": "https://openlegislation.uk/senedd-cymru-representation-of-the-people-order-2025/article-90",
  "json_url": "https://openlegislation.uk/senedd-cymru-representation-of-the-people-order-2025/article-90.json",
  "legislation": "wsi/2025/864",
  "legislation_title": "The Senedd Cymru (Representation of the People) Order 2025",
  "legislation_url": "https://openlegislation.uk/senedd-cymru-representation-of-the-people-order-2025",
  "path": "article/90",
  "kind": "article",
  "number": "90",
  "heading": "Time for presentation or amendment of Senedd election petition",
  "text": "(1) Subject to the provisions of this article, a Senedd election petition must be presented within 21 days after the day on which the name of any member, whose election or return the petition relates to, has been returned to the Clerk in accordance with Schedule 5 (Senedd election rules).\n(2) When a petition questions the election or return due to an allegation of corrupt practice and specifically alleges that, since the time of the return, in pursuance or furtherance of the alleged corrupt practice, a payment of money or other reward has been made—\n(a) by the member whose election or return is being challenged in the petition,\n(b) on the member’s behalf, or\n(c) with the member’s knowledge,\nthe petition may be presented within 28 days after the date of the payment.\n(3) When a petition questions the election or return due to an allegation of an illegal practice, it may be presented in connection with that illegal practice—\n(a) within 21 days after the day specified in paragraph (4), or\n(b) if the petition specifically alleges that in pursuance or furtherance of the alleged illegal practice, a payment of money or other act has taken place—\n(i) by the member whose election or return is being challenged in the petition,\n(ii) by that member’s agent, or\n(iii) with the knowledge of that member or the member’s election agent,\nwithin 28 days after the date of the payment or other act.\n(4) The day referred to in paragraph (3)(a) is the tenth day after the end of the time allowed for delivering returns as to election expenses at the election or, if later—\n(a) where that member was an individual candidate, the day on which the returning officer receives the return and declarations as to election expenses by that member and the election agent,\n(b) where that member was a party list candidate, the day on which—\n(i) the Electoral Commission receives the return and declaration as to election expenses by the treasurer of the registered political party, and\n(ii) the returning officer receives the declaration as to personal expenses by that member,\n(c) where the return and declarations are received on different days, the last of those days, or\n(d) where there is an authorised excuse for failing to make the return and declarations, the date of the allowance of the authorised excuse, or if there was a failure as regards two or more of them, and the excuse was allowed at different times, the date of the allowance of the last authorised excuse.\n(5) A Senedd election petition presented within the time limited by paragraph (1) or (2) may, for the purpose of questioning the election or return upon an allegation of an illegal practice, be amended with the leave of the High Court within the time which a petition may be presented under paragraph (3).\n(6) Paragraphs (3) to (5) apply—\n(a) notwithstanding that the act constituting the alleged illegal practice amounted to a corrupt practice, and\n(b) to a corrupt practice under article 47 (individual candidates: prohibition of expenses not authorised by election agent etc), as if it were an illegal practice.\n(7) For the purposes of this article, an allegation that an election is avoided under article 117 is to be deemed to be an allegation of corrupt practice, notwithstanding that the offences alleged are or include offences other than corrupt practices.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 90 in force at 18.7.2025, see art. 1(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2025/864/article/90",
    "retrieved_at": "2026-10-28T22:57:06.457930+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}