OpenLegislation

Paragraph 3 The Representation of the People (England and Wales) Regulations 2001I1

England and Wales

For Part 8 of the Representation of the People (England and Wales) Regulations 2001f1 substitute—

“PART 8

Access to documents after an election to Senedd Cymru

Interpretation of Part 8

121.
(1)

In this Part—

  • “the 2025 Order” means the Senedd Cymru (Representation of the People) Order 2025;

  • “relevant Senedd election documents” means the documents relating to a Senedd election that the relevant registration officer is required to retain by rule 70 of Schedule 5 to the 2025 Order;

  • “Senedd Cymru” means the parliament for Wales established by section 1 of the Government of Wales Act 2006f2;

  • “Senedd election” means an election to Senedd Cymru under Part 1 of the Government of Wales Act 2006;

  • “the Senedd list of proxies” means the list kept under article 8(1)(b) and (3) of the 2025 Order;

  • “the Senedd postal voters list” means the list kept under article 8(1)(a) and (2) of the 2025 Order;

  • “the Senedd proxy postal voters list” means the list kept under article 10(8) of the 2025 Order.

(2)

References in this Part to “the marked Senedd register or lists” are to any part of the marked copies of—

(a)

the full register;

(b)

the notices amending the full register issued under section 13B(3B) or (3D) of the 1983 Actf3;

(c)

the Senedd postal voters list;

(d)

the Senedd list of proxies;

(e)

the Senedd proxy postal voters list,

forwarded to the relevant registration officer under paragraph 30 of Schedule 2 or rule 67(2)(h) and (i) of Schedule 5 to the 2025 Order.

122.

Subject to the modifications specified in regulations 123 to 126, Part 7 of these Regulations applies in respect of the marked Senedd register or lists and the other relevant Senedd election documents as it applies in respect of the marked register or lists and other documents open to inspection under that Part.

123.

References in Part 7 to “the marked register or lists” are to be construed as references to the marked Senedd register or lists, and any like terms are to be similarly construed.

124.

Regulation 116 applies as if—

(a)

paragraph (1) were omitted,

(b)

in paragraph (2), the reference to regulation 56 were a reference to paragraph 11 of Schedule 1 to the 2025 Order, and

(c)

in paragraph (4), the reference to a direction by the Secretary of State under section 52(1) of the 1983 Act includes a reference to a direction by the Welsh Ministers under section 52(1) of the 1983 Actf4.

125.

Regulation 117 applies as if—

(a)

references to “a particular parliamentary or local government election” and to “a particular election” include reference to a particular Senedd election, and

(b)

the reference in paragraph (5) to regulation 61 were a reference to paragraph 18 of Schedule 1 to the 2025 Order.

126.

Regulations 118 and 119 apply as if references to “documents open to public inspection” were a reference to—

(a)

the marked Senedd register or lists, and

(b)

the other relevant Senedd election documents except—

(i)

ballot papers,

(ii)

completed corresponding number lists,

(iii)

certificates as to employment on the day of the election, and

(iv)

the list required to be compiled under paragraph 26(4) of Schedule 2 to the 2025 Order,

and any like terms are to be construed accordingly.”

Annotations

Commencement

I1

Sch. 11 para. 3 in force at 18.7.2025, see art. 1(2)

Footnotes

f1

S.I. 2001/341. Part 8 was inserted by S.I. 2007/1368 and was subsequently amended by S.I. 2008/1901 and S.I. 2016/272.

f2

2006 c. 32. Section 1 was amended by sections 2 and 4 of, and paragraph 2 of Schedule 1 to, the Senedd and Elections (Wales) Act 2020 (anaw 1), and section 1 of the Senedd Cymru (Members and Elections) Act 2024 (asc 4).

f3

1983 c. 2. Section 13B was substituted, together with sections 13 and 13A, by section 8 of, and paragraphs 1 and 6 of Schedule 1 to, the Representation of the People Act 2000 (c. 2), for section 13 as originally enacted. Subsections (3B) and (3D) were subsequently inserted by section 11 of the Electoral Administration Act 2006 (c. 22).

f4

The functions of the Secretary of State in section 52 of the Representation of the People Act 1983, insofar as they are exercisable within devolved competence, were transferred to the Welsh Ministers by article 45 of, and paragraph 1 of Schedule 1 to, the Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644).