The National Assembly for Wales (Representation of the People) Order 1999

• (1) If it appears to an election court that a person holding a licence or certificate under the Licensing Acts has knowingly permitted any bribery or treating in relation to any Assembly election to take place upon his licensed premises—

• (a) the court shall, after affording him such rights as are conferred on those about to be reported under article 122(1), report the fact, and

• (b) the court shall bring the report before the licensing authority from whom, or on whose certificate, that person obtained his licence, and the licensing authority shall cause the report to be entered in the proper register of licences.

• (2) The entry of the report in that register shall be taken into consideration by the licensing authority in determining whether they will or will not grant a renewal of the licence or certificate of the person reported and may be a ground, if the authority think fit, for refusing renewal.

Avoidance of election for general corruption etc.

128

• (1) Where on an Assembly election petition it is shown that corrupt or illegal practices or illegal payments, employments or hirings committed in relation to an Assembly election for the purpose of promoting or procuring the election of any person at the election have so extensively prevailed that they may be reasonably supposed to have affected the result—

• (a) his election, if he has been elected, shall be void, and

• (b) he shall be incapable of being elected to fill the vacancy or any of the vacancies for which the election was held.

• (2) Where on an Assembly election petition it is shown that corrupt or illegal practices or illegal payments, employments or hirings committed have prevailed in relation to a regional election for the purpose of promoting or procuring the giving of votes for a registered political party at the election, such acts, for the purposes of paragraph (1), shall be treated as having prevailed for the purpose of promoting or procuring the election of each candidate on that party’s list.

• (3) An election shall not be liable to be avoided otherwise than under this article by reason of general corruption, bribery, treating or intimidation.

Avoidance of election for employing corrupt agent

129

• (1) Subject to paragraph (2), if—

• (a) for an Assembly election an individual candidate or his election agent personally engages, or

• (b) for a regional election any or all of a group of party list candidates or their election agent personally engage,

as a canvasser or agent for the conduct or management of the election any person whom he knows or has (or they know or have) reasonable grounds for supposing to be subject to an incapacity to vote at the election by reason—

• (i) of his having been convicted or reported of any corrupt or illegal practice within the meaning of this Order, the 1983 Act, or of the law relating to elections to the European Parliament, the New Northern Ireland Assembly or the Scottish Parliament, or

• (ii) of his having been convicted more than once of an offence under the Public Bodies Corrupt Practices Act 1889²⁰,

the candidate or candidates shall be incapable of being elected to fill the vacancy or any of the vacancies for which the election is held.

• (2) In relation to party list candidates at a regional election, the incapacity imposed by paragraph (1) shall apply—

• (a) where their election agent engages such a person, to each candidate on the list, or

• (b) where their election agent does not engage such a person, only to that candidate who engages, or those candidates who engage, that person.

• (3) A vote given—

• (a) at a constituency or regional election for a person who, at the time of the election, was by virtue of this article incapable of being elected, or

• (b) at a regional election for a registered political party where, at the time of the election, each candidate included on the party’s list was by virtue of this article incapable of being elected,

shall not, by reason of that incapacity, be deemed to be thrown away so as to entitle another candidate to be declared elected, unless given at a poll consequent on the decision of an election court that he was so incapable.

Votes to be struck off for corrupt or illegal practices

130

• (1) Where, on an Assembly election petition claiming the seat for any person, a candidate is proved to have been guilty by himself, or by any person on his behalf, of bribery, treating or undue influence in respect of any person who voted at an Assembly election there shall, on a scrutiny, be struck off from the number of votes appearing to have been given—

• (a) where he is an individual candidate, to the candidate, or

• (b) where he is a party list candidate, to the registered political party for which he is such a candidate,

one vote for every person who voted at the election and is proved to have been so bribed, treated or unduly influenced.

• (2) If any person who is guilty of a corrupt or illegal practice or of illegal payment, employment or hiring at an Assembley election votes at the election, his vote shall be void.

• (3) If any person who is subject under any enactment relating to corrupt or illegal practices to an incapacity to vote at—

• (a) an Assembly election,

• (b) a parliamentary election,

• (c) a European Parliamentary election,

• (d) an election to the Scottish Parliament,

• (e) an election to the New Northern Ireland Assembly, or

• (f) an election to any public office,

votes at that Assembly election, his vote shall be void.

Application for relief

131

• (1) An application for relief under this article may be made to the High Court or an election court or else, if in respect of a payment made in contravention of article 51(1), (2) or (3), to a county court.

• (2) Where a person makes an application under this article he shall notify the Director of Public Prosecutions of the application and the Director or his assistant or representative may attend the hearing of the application and make representations at the hearing in respect of it.

• (3) If it is shown to the court by such evidence as to the court seems sufficient—

• (a) that any act or omission of any person would apart from this article by reason of being in contravention of this Order be an illegal practice, payment, employment or hiring,

• (b) that the act or omission arose from inadvertence or from accidental miscalculation or from some other reasonable cause of a like nature, and in any case did not arise from any want of good faith, and

• (c) that such notice of the application has been given in the Assembly constituency or electoral region for which the election was held, as to the court seems fit,

and under the circumstances it seems to the court to be just that either that or any other person should not be subject to any of the consequences under this Order of the act or omission, the court may make an order allowing the act or omission to be an exception from the provisions of this Order making it an illegal practice, payment, employment or hiring and upon the making of the order no person shall be subject to any of the consequences under this Order of that act or omission.

• (4) The jurisdiction vested by the above provisions of this article in the High Court in matters relating to Assembly elections shall, subject to rules of court, be exercised by one of the judges for the time being on a rota for the trial of parliamentary election petitions sitting either in court or at chambers but shall not be exercisable by a master.

• (5) The jurisdiction vested by this article in a county court may be exercised otherwise than in open court.

• (6) An appeal lies to the High Court from any order of a county court made under this article.

Prosecutions for corrupt practices

132

• (1) A person who is guilty of a corrupt practice under this Order shall be liable—

• (a) on conviction on indictment—

• (i) in the case of a corrupt practice under article 27, to imprisonment for a term not exceeding two years, or to a fine, or to both,

• (ii) in any other case, to imprisonment for a term not exceeding one year, or to a fine, or to both, or

• (b) on summary conviction, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both.

• (2) If it appears to the court by which any person holding a licence or certificate under the Licensing Acts is convicted of the offence of bribery or treating that the offence was committed on his licensed premises—

• (a) the court shall direct the conviction to be entered in the proper register of licences, and

• (b) the entry shall be taken into consideration by the licensing authority in determining whether they will or will not grant a renewal of the licence or certificate, and may be a ground, if the authority think fit, for refusing its renewal.

Prosecutions for illegal practices

133

A person guilty of an illegal practice shall on summary conviction be liable to a fine not exceeding level 5 on the standard scale; and on a prosecution for an illegal practice it shall be sufficient to allege that the person charged was guilty of an illegal practice.

Conviction of illegal practice on charge of corrupt practice etc.

134

A person charged with a corrupt practice may, if the circumstances warrant such finding, be found guilty of an illegal practice (which offence shall for that purpose be an indictable offence), and a person charged with an illegal practice may be found guilty of that offence notwithstanding that the act constituting the offence amounted to a corrupt practice.

Incapacities on conviction of corrupt or illegal practice

135

Subject to the provisions of article 138, but in addition to any punishment as provided by the above provisions—

• (a) a person convicted of a corrupt practice shall be subject to the incapacities imposed by article 122(3) as if at the date of the conviction he had been reported personally guilty of that corrupt practice, and

• (b) a person convicted of an illegal practice—

• (i) in relation to a constituency election shall be subject to the incapacities imposed by article 122(4)(a), or

• (ii) in relation to a regional election, shall be subject to the incapacities imposed by article 122(4)(b),

as if at the date of the conviction he had been reported personally guilty of that illegal practice.

Incapacities on conviction of corrupt or illegal practice at parliamentary elections or local government elections

136

• (1) Subject to the provisions of section 174 of the 1983 Act, but in addition to any punishment as provided by the preceding provisions of that Act—

• (a) a person convicted of a corrupt practice under the 1983 Act shall be subject to the incapacities imposed by article 123(1) as if at the date of the conviction he had been reported personally guilty of that corrupt practice, and

• (b) a person convicted of an illegal practice under the 1983 Act—

• (i) in relation to a parliamentary election, shall be subject to the incapacities imposed by article 123(2)(a), and

• (ii) in relation to an election under the Local Government Act 1972, shall be subject to the incapacities imposed by article 123(2)(b),

as if at the date of the conviction he had been reported personally guilty of that illegal practice.

• (2) Section 174 of the 1983 Act shall apply to any incapacity imposed under this article as if the incapacity was imposed under section 160 of that Act.

Incapacities on conviction of corrupt or illegal practice at European Parliamentary elections

137

• (1) References in this article to the 1983 Act are to that Act as applied by the European Parliamentary Elections Regulations 1986.

• (2) Subject to the provisions of section 174 of the 1983 Act, but in addition to any punishment as provided by the preceding provisions of that Act—

• (a) a person convicted of a corrupt practice under the 1983 Act shall be subject to the incapacities imposed by article 124(2), and

• (b) a person convicted of an illegal practice under the 1983 Act shall be subject to the incapacities imposed by article 124(3),

as if at the date of the conviction he had been reported personally guilty of that corrupt or illegal practice.

• (3) Section 174 of the 1983 Act shall apply to any incapacity imposed under this article as if the incapacity was imposed under section 160 of that Act.

Mitigation and remission etc.

138

• (1) Where—

• (a) any person is subject to any incapacity by virtue of the report of an election court, and

• (b) he or some other person in respect of whose acts the incapacity was imposed is on a prosecution acquitted of any of the matters in respect of which the incapacity was imposed,

the court may order that the incapacity shall thenceforth cease so far as it is imposed in respect of those matters.

• (2) Where any person who is subject to any incapacity as mentioned above is on a prosecution convicted of any such matters as are mentioned above, no further incapacity shall be taken to be imposed by reason of the conviction, and the court shall have the like power (if any) to mitigate or remit for the future the incapacity so far as it is imposed by article 122 in respect of the matters of which he is convicted, as if the incapacity had been imposed by reason of the conviction.

• (3) A court exercising any of the powers conferred by paragraphs (1) and (2) shall make an order declaring how far, if at all, the incapacities imposed by virtue of the relevant report remain unaffected by the exercise of that power, and that order shall be conclusive for all purposes.

• (4) Where a person convicted of a corrupt or illegal practice is subsequently reported to have been guilty of that practice by an election court, no further incapacity shall be imposed on him under article 122 by reason of the report.

• (5) Where any person is subject to any incapacity by virtue of a conviction or of the report of an election court, and any witness who gave evidence against that person upon the proceeding for the conviction or report is convicted of perjury in respect of that evidence, the incapacitated person may apply to the High Court, and the court, if satisified that the conviction or report so far as respects that person was based upon perjury, may order that the incapacity shall thenceforth cease.

• (6) The jurisdiction vested in the High Court by paragraph (5) shall, subject to the rules of court, be exercised by one of the judges for the time being on the rota for the trial of parliamentary election petitions, either in court or at chambers, or by a master of the Supreme Court in manner directed by and subject to an appeal to those judges.

Illegal payments etc.

139

• (1) A person guilty of an offence of illegal payment, employment or hiring shall, on summary conviction, be liable to a fine not exceeding level 5 on the standard scale; and on a prosecution for such an offence it shall be sufficient to allege that the person charged was guilty of an illegal payment, employment or hiring as the case may be.

• (2) A candidate or election agent who is personally guilty of an offence of illegal payment, employment or hiring shall be guilty of an illegal practice.

• (3) Any person charged with an offence of illegal payment, employment or hiring may be found guilty of that offence, notwithstanding that the act constituting the offence amounted to a corrupt or illegal practice.

Time limit for prosecutions

140

• (1) A proceeding against a person in respect of any offence under any provision contained in this Order shall be commenced within one year after the offence was committed, and the time so limited by this article shall, in the case of any proceedings under the Magistrates' Courts Act 1980²¹ (or, in Northern Ireland, the Magistrates' Courts (Northern Ireland) Order 1981)²² for any such offence, be substituted for any limitation of time contained in that Act or Order.

• (2) For the purposes of this article—

• (a) in England and Wales, the laying of an information,

• (b) in Scotland, the granting of a warrant to apprehend or cite the accused (if, in relation to an offence alleged to have been committed within the United Kingdom, such warrant is executed without delay), and

• (c) in Northern Ireland, the making of a complaint,

shall be deemed to be the commencement of a proceeding.

Prosecution of offences committed outside the United Kingdom

141

Proceedings in respect of an offence under this Order alleged to have been committed outside the United Kingdom by a Commonwealth citizen, a citizen of the Republic of Ireland or a relevant citizen of the Union may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.

Offences by associations

142

Where—

• (a) any corrupt or illegal practice or any illegal payment, employment or hiring, or

• (b) any offence under article 82,

is committed by any association or body of persons, corporate or unincorporate, the members of the association or body who have taken part in the commission of the offence shall be liable to any fine or punishment imposed for that offence by this Order.

Evidence by certificate of holding of Assembly elections

143

On—

• (a) any prosecution for a corrupt or illegal practice or for any illegal payment, employment or hiring, and

• (b) any proceedings for a penalty under article 60,

the certificate of the appropriate returning officer at an Assembly election—

• (i) that the election mentioned in the certificate was duly held, and

• (ii) that the person named in the certificate was a candidate at the election,

shall be sufficient evidence of the facts stated in it.

Director of Public Prosecutions

144

• (1) Where information is given to the Director of Public Prosecutions that any offence under this Order has been committed it is his duty to make such inquiries and institute such prosecutions as the circumstances of the case appear to him to require.

• (2) The Director by himself or by his assistant or by his representative appointed under paragraph (3) may and, if the election court so requests him, shall attend the trial of every Assembly election petition.

• (3) The Director may nominate a barrister or solicitor to be his representative for the purposes of this Part.

• (4) There shall be allowed to the Director and his assistant or representative for the purposes of this Part (other than his general duties under paragraph (1)) such allowances for expenses as the Treasury may approve.

• (5) The costs incurred in defraying the expenses of the Director incurred for those purposes (including the remuneration of his representative) shall, in the first instance, be paid by the Treasury, and shall be deemed to be expenses of the election court; but if for any reasonable cause it seems just to the court so to do, the court shall order all or part of those costs to be repaid to the Treasury by the parties to the petition, or such of them as the court may direct.

Rules of procedure

145

• (1) The authority having for the time being power to make rules of court for the Supreme Court may make rules for the purposes of Part III of this Order and this Part.

• (2) In relation to the power conferred under paragraph (1) to make rules—

• (a) that power shall be exercisable by statutory instrument, and be treated for the purposes of the Statutory Instruments Act 1946²³ as if conferred on a Minister of the Crown, and

• (b) a statutory instrument containing rules under paragraph (1) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) The Election Petition Rules 1960²⁴ shall have effect (subject to the modifications set out in Schedule 8) in relation to an Assembly election petition as if made in the exercise of the power conferred by paragraph (1).

Costs

146

• (1) The rules of the Supreme Court with respect to costs to be allowed in actions, causes and matters in the High Court shall in principle and so far as practicable apply to the costs of petition and other proceedings under Part III of this Order or this Part and the taxing officer shall not allow any costs higher than would be allowed in any action, cause or matter in the High Court on a common fund basis.

• (2) Where any costs or other sums are, under the order of an election court or otherwise under this Part, to be paid by any person, those costs or sums shall be due from that person to the person or persons to whom they are to be paid and, if payable to the Treasury, shall be a debt due to Her Majesty and in either case may be recovered accordingly.

Service of notices

147

• (1) Any summons, notice or document required to be served on any person with reference to any proceeding for the purpose of causing him to appear before the High Court, a county court, or any election court, or otherwise or of giving him an opportunity of making a statement, or showing cause, or being heard by himself before any court for any purpose of this Part may be served—

• (a) by delivering it to that person, or by leaving it at, or sending it by post by a registered letter or by the recorded delivery service, to his last known place of abode in the Assembly constituency or electoral region for which the election was held, or

• (b) if the proceeding is before any court in such other manner as the court may direct.

• (2) In proving service by post under this article it shall be sufficient to prove that the letter was prepaid, properly addressed, and registered or recorded with the Post Office.

Interpretation of Part IV

148

• (1) In this Part, unless the context otherwise requires—

• “candidate” has the same meaning as in Part III of this Order and the saving in article 89(1) applies in relation to this Part as in relation to Part III,

• “costs” include charges and expenses,

• “date of the allowance of an authorised excuse” has the meaning assigned to it by article 61(9),

• “declaration as to election expenses” means a declaration made under article 56 or 57,

• “judicial office” includes the office of justice of the peace,

• “Licensing Acts” means the Licensing Act 1964²⁵ and the Acts amending that Act, or the corresponding enactments forming part of the law of Scotland or Northern Ireland,

• “money” and “pecuniary reward” shall be deemed to include— any office, place or employment, any valuable security or other equivalent of money, and any valuable consideration, and, expressions referring to money shall be construed accordingly,

• “payment” includes any pecuniary or other reward,

• “prescribed” means prescribed by rules of court,

• “public office” means any office— under the Crown, or under the charter of a city or borough, or under the Acts relating to local government or public health or public education, whether the office is that— of mayor, provost, chief magistrate, chairman, alderman, councillor, member of a board, commission or other local authority in any local government or other area, or of proper officer or other officer under a council, board, commission or other authority, or of any other office to which a person is elected or appointed under any such charter or enactment as is mentioned above, including any other municipal or parochial office, and

• “return as to election expenses” means a return made under article 54 or 55.

• (2) For the purposes of section 119 of the 1998 Act anything required by this Part to be published by the presiding officer of the Assembly shall be treated as being required to be published by the Assembly.

Computation of time for purposes of Part IV

149

Article 91 applies in computing any period of time for the purposes of this Part as it applies for the purposes of Part III of this Order.

PART V — MISCELLANEOUS AND SUPPLEMENTAL

Advertisements

150

The Town and Country Planning (Control of Advertisement) Regulations 1992²⁶ shall have effect in relation to the display on any site in Wales relating specifically to an Assembly election or Assembly elections as they have effect in relation to the display of an advertisement relating specifically to a parliamentary election.

Assembly constituencies not wholly within a county or county borough

151

Where an Assembly constituency is not coterminous with, or wholly situated in, a county or county borough—

• (a) the registration officer for any part of the Assembly constituency shall, if he is not the returning officer for the constituency, consult him concerning the form of so much of—

• (i) the register,

• (ii) the electors lists, or

• (iii) the absent voters list (including the list of proxies) and the list kept under article 12(9) (the list of postal proxies), as relate to the constituency in order to ensure that, so far as practicable, they are in a form similar to those in use elsewhere in the constituency, and

• (b) if the registration officer for any part of the Assembly constituency at an Assembly election is not the returning officer for the constituency, he shall forthwith supply to the constituency returning officer a copy of the lists compiled under article 10 and 12(9) on completion of the compilation of them.

Forms: absent voting

152

The registration officer shall supply free of charge as many copies of forms for use in connection with applications made under article 8, 9, 11, or 12 and Schedule 2 as appear to that officer reasonable in the circumstances to any person who satisfies that officer of his intention to use the forms in connection with an Assembly election or Assembly elections.

Forms: general

153

• (1) Subject to paragraph (2), the forms set out in this Order may be used with such variations as the circumstances may require.

• (2) Paragraph (1) does not apply to the forms of ballot paper to be used at constituency and regional elections set out in the Appendix to Schedule 5.

• (3) Without prejudice to the power conferred by paragraph (1), where any form to which that paragraph applies is set out in English and Welsh in this Order so that it is set out in English first and then in Welsh, that form may be varied so that—

• (a) the English and Welsh parts are combined, or

• (b) it is set out in Welsh first and then in English.

• (4) Where any form is required to be completed by any person, and it is a form set out in this Order referred to in paragraph (3), such form may be validly completed by completion of either the English or Welsh parts.

Public notices, and declarations

154

• (1) A public notice required by this Order to be given by a constituency or regional returning officer at an Assembly election shall be given by posting the notice in some conspicuous place or places—

• (a) in the case of a constituency election, in the Assembly constituency, and

• (b) in the case of regional election, in each Assembly constituency in the Assembly electoral region for which the election is held,

and may also be given in such other manner as he thinks desirable for publicising it.

• (2) Any person before whom a declaration is authorised to be made under this Order may take the declaration.

Sending of applications and notices

155

Any application or notice which is required by this Order to be made to a registration officer or a returning officer shall be made in writing and sent by post or delivered to his office or to the address specified by him for the purpose.

Publication of documents

156

• (1) Any failure to publish a document in accordance with this Order shall not invalidate the document, but this provision shall not relieve a registration officer from any penalty for such a failure.

• (2) Where a document is made available for inspection, any person may make a copy (whether in handwriting or by other means) of the whole or any part of such a document.

Interference with notices etc.

157

If any person without lawful authority destroys, mutilates, defaces or removes any notice published by a registration officer in connection with his registration duties under this Order or any copies of a document which have been made available for inspection in pursuance of those duties, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Premises used for election purposes

158

In relation to premises in Wales, section 65(6) of the Local Government Finance Act 1988²⁷ (occupation for election meetings and polls) shall have effect as if—

• (a) the reference to public meetings in furtherance of a person’s candidature at an election included a reference to public meetings promoting a particular result at an Assembly election, and

• (b) the reference to use by a returning officer for the purpose of taking the poll in an election included a reference to use by a constituency returning officer in taking a poll at an Assembly election in accordance with Schedule 5.

SCHEDULE 1 — ELECTORS LISTS AND REGISTERS: MISCELLANEOUS AND RELATED PROVISION

Free copies of electors lists

1

• (1) The registration officer shall—

• (a) on request, and

• (b) if he is not the returning officer for the Assembly constituency in respect of which the request is made, after consultation with that officer,

supply free of charge four copies of so much of the electors lists as relate to that constituency, so long as those lists are kept published, to any person who satisfies the registration officer that he requires them for use in connection with his own or some other person’s prospective candidature at an election for that constituency.

• (2) But not more than one person in respect of the same prospective candidature shall be so supplied and the person shall not be supplied with List A (a copy of the register in force for that part) if he has already been supplied with copies of the register in force under paragraph 2(2).

• (3) The registration officer shall—

• (a) on request, and

• (b) if he is not the returning officer for the Assembly electoral region in respect of which the request is made, after consultation with that officer,

supply free of charge four copies of so much of the electors lists as relate to that electoral region, so long as those lists are kept published, in accordance with sub-paragraphs (4) to (7).

• (4) Subject to sub-paragraphs (5) to (7), the registration officer shall supply such copies to any person who satisfies the registration officer that he requires them for use in connection with his own or some other person’s prospective candidature—

• (a) as an individual candidate at an election for that Assembly electoral region, or

• (b) as a party list candidate at an election for that Assembly electoral region.

• (5) With reference to the right conferred on a person by sub-paragraph (4)(a), not more than one person in respect of the same prospective candidature shall be so supplied.

• (6) With reference to the right conferred on a person by sub-paragraph (4)(b), not more than one person in respect of the same prospective candidature shall be so supplied and, following such supply, the right may not be exercised again with respect to any other prospective candidate for that list.

• (7) A person shall not be supplied with List A under sub-paragraph (4) if he has already been supplied with copies of the register in force under paragraph 2(3) and (4).

• (8) Where it appears to the registration officer that, under regulation 37(3) of the 1986 Regulations, it is necessary to make a correction to the electors lists which involves the addition of a person’s name (or person’s names) to the register, he shall (in addition to doing what is required by that provision) send a copy of the list to any person who has received a copy of the electors lists under this paragraph before making the correction.

Free copies of register etc.

2

• (1) The registration officer shall, on request, supply free of charge to—

• (a) the Assembly member for an Assembly constituency, or

• (b) an Assembly member for an Assembly electoral region,

one copy of so much of the register as relates to that constituency or, as the case may be, electoral region.

• (2) The registration officer shall—

• (a) on request, and

• (b) if he is not the returning officer for the Assembly constituency in respect of which the request is made, after consultation with that officer,

supply free of charge—

• (i) four copies of so much of the register (which may be printed on one side only) as relates to the Assembly constituency to any person who satisfies the registration officer that he requires them for use in connection with his own or some other person’s prospective candidature at an election for that constituency (but not more than one person in respect of the same prospective candidature shall be so supplied), and

• (ii) two copies of so much of the register as relates to the Assembly constituency to each candidate (or his election agent) at an election for that constituency.

• (3) The registration officer shall—

• (a) on request, and

• (b) if he is not the returning officer for the Assembly electoral region in respect of which the request is made, after consultation with that officer,

supply free of charge copies of so much of the register as relates to that electoral region in accordance with sub-paragraphs (4) to (6).

• (4) The registration officer shall supply—

• (a) four such copies (which may be printed on one side only) to any person who satisfies the registration officer that he requires them for use in connection which his own or some other person’s prospective candidature—

• (i) as an individual candidate at an election for that Assembly electoral region, or

• (ii) as a party list candidate at an election for that Assembly electoral region, and

• (b) two such copies to each—

• (i) individual candidate (or his election agent), and

• (ii) election agent for a group of party list candidates,

at an election for that Assembly electoral region.

• (5) With reference to the right conferred on a person by sub-paragraph (4)(a)(i), not more than one person in respect of the same prospective candidature shall be so supplied.

• (6) With reference to the right conferred on a person by sub-paragraph (4)(a)(ii), not more than one person in respect of the same prospective candidature shall be so supplied and, following such supply, the right may not be exercised again with respect to any other prospective candidate for that list.

• (7) The registration officer who is not the returning officer for an Assembly consituency or electoral region shall supply free of charge to that officer as many copies of so much of the register as that officer needs for the purposes of an election for that Assembly constituency or, as the case may be, electoral region.

Sale of lists and register

3

• (1) The functions imposed on a registration officer by paragraph 1 are to be treated as part of the registration duties of a returning officer for the purposes of regulation 54(1) of the 1986 Regulations.

• (2) Regulation 54(1) of the 1986 Regulations shall also have effect as if it requires, subject to the provisions of that regulation and sub-paragraph (1), the registration officer to supply to any person copies of any part or parts of the electors lists on payment, in the case of a person who—

• (a) has been supplied under paragraph 1 with copies of any part of the electors lists, or

• (b) is a constituency or a regional returning officer,

of a fee at the rate of 25p for each thousand (or remaining part of one thousand) names in such copy (or such other rate as may be set out in regulation 54(1)(a) of the 1986 Regulations).

• (3) Regulation 54(3) of the 1986 Regulations shall have effect as if—

• (a) “any election” included a reference to an Assembly election, and

• (b) “regulation 53 above” (where it first appears) included a reference to paragraph 2.

• (4) Regulation 54(3) of the 1986 Regulations shall also have effect as if it requires, subject to the provisions of that regulation and sub-paragraph (3), the registration officer to supply to any person copies of any part or parts of the register on payment, in the case of a person who—

• (a) has been supplied under paragraph 2 with a copy of any part of the register, or

• (b) if paragraph (a) does not apply, is a constituency or a regional returning officer,

of a fee at the rate of 25p for each thousand (or remaining part of one thousand) names in such copy (or such other rate as may be set out in regulation 54(3)(a) of the 1986 Regulations).

Supply of data

4

• (1) This paragraph applies only to a registration officer who is a data controller.

• (2) In this paragraph—

• “data to which this paragraph applies” means data consisting of the names of those persons included in the register, together with any data (other than data to which sub-paragraph (3) applies), consisting of information relating to them including— their electoral numbers, except where the address is excluded from the register under regulation 49(2) of the 1986 Regulations, their addresses, and any distinguishing letter, and

• “processed” is to be interpreted in accordance with the definition of “processing” in section 1(1) of the Data Protection Act 1998²⁸.

• (3) The registration officer shall not supply data under this paragraph which consists of information (including addresses) which is not required to be published in the register in accordance with those provisions of the 1983 Act or the 1986 Regulations which relate to the registration of electors (but this restriction shall not apply to the supply of data to a returning officer for an Assembly constituency or electoral region).

• (4) Any obligation on the registration officer to supply data under this paragraph imposes only an obligation to supply such data recorded in the form in which it is processed.

• (5) An application under this paragraph may request the registration officer to supply data to which this paragraph applies in respect of part only of the area for which the registration officer is authorised by this paragraph to supply such data; and, if the registration officer supplies or is required to supply data under this paragraph, he shall comply with such a request where it is practicable to do so.

• (6) The registration officer shall, on payment of a fee determined in accordance with sub-paragraph (9), supply to a person, who is entitled to a free copy (or copies) of the whole or part of the register under paragraph 2(1) or (7), so much of the data to which this paragraph applies as relates to the part or parts of the register to which such a person is so entitled.

• (7) The registration officer shall—

• (a) on payment of a fee determined in accordance with sub-paragraph (9), and

• (b) if he is not the returning officer for the Assembly constituency in respect of which the application is made, after consultation with that officer, supply to a person, who is entitled to free copies of the whole or part of the register under paragraph 2(2) or (3) and (4), so much of the data to which this paragraph applies as relates to the part or parts of the register to which such a person is so entitled.

• (8) But—

• (a) where the entitlement arises by virtue of paragraph 2(2)(i) or (4)(a)(i), not more than one person in respect of the same prospective candidature shall be so supplied, or

• (b) where the entitlement arises by virtue of paragraph 2(4)(a)(ii), not more than one person in respect of the same prospective candidature as a party list candidate shall be so supplied and, following such supply, the right may not be exercised again with respect to any other prospective candidate for that party list.

• (9) The fee for a person supplied with data under sub-paragraph (6) or (7) shall be at the rate of £1.80 for each thousand (or remaining part of one thousand) names in the data supplied or £30, whichever is the greater (or such other rates as may be set out in regulation 55(8) of the 1986 Regulations.).

• (10) The registration officer may, on payment of a fee at the rate of £18 for each thousand (or remaining part of one thousand) names in the data supplied (or such other rate as may be set out in regulation 55(9) of the 1986 Regulations), supply data to which this paragraph applies to a person other than a person to whom sub-paragraphs (6) and (7) apply.

Supply of Labels

5

• (1) This paragraph applies only to a registration officer who is a data controller.

• (2) In this paragraph, “relevant information” means the name and address of any elector whose name and address appear on the register, and such other information as appears on the register as the registration officer thinks fit, but not information constituting data to which paragraph 4(3) applies.

• (3) An application under this paragraph may request the registration officer to supply labels containing relevant information extracted from data to which paragraph 4 applies in respect of part only of the area for which the registration officer is authorised by this paragraph to supply such labels; and, if the registration officer supplies labels under this paragraph, he shall comply with such a request.

• (4) The registration officer may, on payment of a fee at the rate of £12 for each thousand (or remaining part of one thousand) labels supplied (or such other rate as may be set out in regulation 56(4) of the 1986 Regulations), supply to a person, who is entitled to a free copy (or copies) of the whole or part of the register under paragraph 2(1) or (7), labels containing relevant information extracted from so much of the data to which paragraph 4 applies as relates to the part of parts of the register to which such a person is so entitled.

• (5) The registration officer may—

• (a) on payment of a fee at the rate of £12 for each thousand (or remaining part of one thousand) labels supplied (or such other rate as may be set out in regulation 56(5)(a) of the 1986 Regulations), and

• (b) if he is not the returning officer for the Assembly constituency in respect of which the application is made, after consultation with that officer,

supply to a person, who is entitled to free copies of the whole or part of the register under paragraph 2(2) or (3) and (4), labels containing relevant information extracted from so much of the data to which paragraph 4 applies as relates to the part or parts of the register to which such a person is so entitled.

• (6) But—

• (a) where the entitlement arises by virtue of paragraph 2(2)(i) or (4)(a)(i), not more than one person in respect of the same prospective candidature shall be so supplied, or

• (b) where the entitlement arises by virtue of paragraph 2(4)(a)(ii), not more than one person in respect of the same prospective candidature as a party list candidate shall be so supplied and, following such supply, the right may not be exercised again with respect to any other prospective candidate for that party list.

• (7) The registration officer may, on payment of a fee at the rate of £25 for each thousand (or remaining part of one thousand) labels supplied (or such other rate as may be set out in regulation 56(6) of the 1986 Regulations), supply labels containing relevant information extracted from data to which paragraph 4 applies to a person other than a person to whom sub-paragraphs (4) and (5) apply.

Alterations to published register

6

• (1) Where a registration officer publishes a notice under regulation 58(4)(b) of the 1986 Regulations stating that a new name has been added to the list of claims for inclusion in the register, regulation 58(7) of those regulations shall have effect as if it additionally requires the registration officer, as soon as practicable after publication of that notice, to supply free of charge to each person to whom he has supplied a copy of so much of the register as relates to a particular Assembly constituency or electoral region under paragraph 2(2)(i) or (3) and (4)(a), a copy of so much of the list of claims kept under regulation 58(4) of those regulations as relates to—

• (a) claims to which that notice applies, and

• (b) that Assembly constituency or electoral region.

• (2) Where a registration officer makes an alteration in a register pursuant to section 11(1) or (2) of the 1983 Act, regulation 62 of the 1986 Regulations shall have effect as if it requires the registration officer to supply free of charge a copy of the alteration to each person to whom he has supplied a copy of the part of the register under paragraph 2, or by virtue of paragraph 3(4), to which the alteration relates.

Interpretation

7

In this Schedule—

• “data” has the same meaning as in section 1(1) of the Data Protection Act 1998, and

• “data controller” is to be interpreted in accordance with section 1(1) and (4) of that Act.

SCHEDULE 2 — ABSENT VOTING AT ASSEMBLY ELECTIONS

General requirements for applications

1

• (1) Applications under article 8, 9, 11 or 12 shall, in addition to the address which is required by article 8(8), 9(4) or 12(12) (as the case may be) in the case of a person applying to vote by post, state—

• (a) the applicant’s full name,

• (b) except in the case of an application under article 12, the address in respect of which the applicant is or will be registered in the register,

• (c) in the case of an application under article 12, the address of the applicant, together with the name of the elector for whom he acts as proxy and the address of that elector for the purposes of paragraph (b), and

• (d) in the case of an application under article 8(1), 9(1) or 12(4) or (7), the grounds on which the applicant claims to be entitled to an absent vote;

and the application shall be signed by the applicant and made and sent or delivered in accordance with article 155.

• (2) For the purposes of paragraph (1)(b), the address in respect of which the applicant is or will be registered includes—

• (a) in the case of a service voter, the address given in the service declaration in accordance with section 16(d) of the 1983 Act, and

• (b) in the case of a voluntary mental patient, the address given in the patient’s declaration in accordance with section 7(4)(d)(iv) of the 1983 Act.

• (3) An application under article 9(1) or (2), 11(7) or 12(7) or (8) shall specify the election in respect of which it is made.

• (4) An application to vote by proxy under article 8(1) or (7) or 9(1) or (2) shall include an application for the appointment of a proxy which meets the requirements of paragraph 6.

• (5) An application under article 8, 9, 11 or 12 shall comply with such further requirements of this Schedule as apply to such an application and with the requirements as to time set out by paragraph 8.

• (6) In sub-paragraph (2)(b), “voluntary mental patient” has the same meaning as in section 7(2) of the 1983 Act and “patient’s declaration” means a declaration made under section 7 of that Act by a voluntary mental patient.

Additional requirements for applicant no longer resident at qualifying address

2

An application under article 8(2)(b) shall specify the address, if any, at which the applicant is resident at the date of the application.

Additional requirements for applications on grounds of physical incapacity

3

• (1) An application under article 8(2)(c) shall specify the physical incapacity by reason of which the application is made.

• (2) Subject to sub-paragraphs (3) to (5), such an application shall be attested and signed by—

• (a) a registered medical practitioner,

• (b) a registered nurse within the meaning of section 7(7) of the Nurses, Midwives and Health Visitors Act 1997²⁹,

• (c) a Christian Science practitioner,

• (d) in the case of an application in which the applicant states that he is resident in a residential care home within the meaning of section 1 of the Registered Homes Act 1984³⁰ which is required to be registered under Part I of the Act, the person registered under that Act as carrying on that home,

• (e) in the case of an application in which the applicant states that he is resident in residential accommodation provided by a local authority under section 21(1) of the National Assistance Act 1948³¹, the matron or other person in charge of that accommodation, or

• (f) in the case of an application in which the applicant states that he resides in premises forming one of a group of premises—

• (i) which are provided for persons of pensionable age or physically disabled persons, and

• (ii) for which there is a resident warden,

that warden.

• (3) But a person may not attest an application under article 8(2)(c) by virtue of sub-paragraph (2)(a), (b) or (c) unless he is treating the applicant for the physical incapacity specified in accordance with sub-paragraph (1) or the applicant is receiving care from him in respect of that incapacity. (4) The person attesting an application under sub-paragraph (2) shall state—

• (a) his name and address and the qualification by virtue of which he is authorised to attest the application and, where the person attests the application by virtue sub-paragraph (2)(a), (b) or (c), that he is treating the applicant for the physical incapacity specified in accordance with sub-paragraph (1) or the applicant is receiving care from him in respect of that incapacity,

• (b) that, to the best of his knowledge and belief, the applicant is suffering from the physical incapacity specified in the application and that he cannot reasonably be expected to go in person to his allotted polling station or to vote unaided there by reason of that incapacity, and

• (c) that, to the best of his knowledge and belief, the physical incapacity specified in the application is likely to continue either indefinitely or for a period specified by the person attesting the application.

• (5) Sub-paragraphs (2) and (4) shall not apply where—

• (a) the application is based on the applicant’s blindness and the applicant is registered as a blind person by a local authority, which is specified in the application, under section 29(4)(g) of the National Assistance Act 1948, or

• (b) the application states that the applicant is (under section 73 of the Social Security Contributions and Benefits Act 1992)³² in receipt of the higher rate of the mobility component of a disability living allowance (payable under section 71 of that Act) because of the physical incapacity specified in the application in pursuance of sub-paragraph (1).

• (6) The fact that an applicant is registered with a local authority under section 29(4)(g) of the National Assistance Act 1948 shall be deemed sufficient evidence that he is eligible for an absent vote on the grounds set out in article 8(2)(c).

• (7) In this paragraph and paragraphs 4 and 5, “his allotted polling station”, in relation to an elector, means the polling station allotted or likely to be allotted to him under this Order.

Additional requirements for applications based on occupation, service or employment

4

• (1) An application under article 8(2)(d) shall state—

• (a) whether the occupation, service or employment, in respect of which it is made, is that of the applicant or his spouse,

• (b) the nature of the occupation, service or employment in respect of which it is made,

• (c) where the person in respect of whose occupation, service or employment it is made (in this paragraph referred to as “the employed person”) is self-employed, that fact; and, in any other case, the name of that person’s employer, and

• (d) why the applicant cannot reasonably be expected to go in person to his allotted polling station by reason of the general nature of the occupation, service or employment referred to in paragraph (b).

• (2) Such an application shall be attested and signed—

• (a) where the employed person is self-employed, by a person who—

• (i) is aged 18 years or over,

• (ii) knows the employed person, and

• (iii) is not related to him, and

• (b) in any other case, by the employer of the employed person or by another employee to whom this function is designated by the employer.

• (3) For the purpose of sub-paragraphs (2)(a) and (4)(i), one person is related to another if he is the husband, wife, parent, grand-parent, brother, sister, child or grandchild of the other.

• (4) The person attesting an application under sub-paragraph (2) shall—

• (a) where the applicant is the employed person, certify that the statements included in the application in accordance with the requirements of sub-paragraph (1)(a) to (d) are true, or

• (b) where the applicant is the spouse of the employed person, certify that the statements included in the application in accordance with the requirements of sub-paragraph (1)(a) to (c) are true,

and, in addition, he shall state—

• (i) in the case of a person who attests an application under sub-paragraph (2)(a), his name and address, and that he is aged 18 years or over, knows the employed person, but is not related to him, or

• (ii) in the case of a person who attests an application under sub-paragraph (2)(b), either that he is the employer of the employed person or the position he holds in the employment of that employer.

Additional requirements for applications in respect of a particular Assembly election

5

• (1) An application under article 9(1) shall set out why the applicant’s circumstances on the date of the poll for that election in respect of which it is made will be or are likely to be such that he cannot reasonably be expected to vote in person at his allotted polling station.

• (2) Such an application—

• (a) which is received by the registration officer after 5pm on the eleventh day (calculated in accordance with paragraph 8(5)) before the date of the poll at the election in question (“the standard closing date for applications”) but before 5pm on the sixth day (so calculated) before the date of that poll, and

• (b) in which the circumstances set out in accordance with sub-paragraph (1) relate to the applicant’s health,

shall—

• (i) include a statement to the effect that, before the standard closing date for applications, the applicant could not have reasonably foreseen that those circumstances would, or would be likely to, exist on the date of the poll, and

• (ii) be attested in accordance with sub-paragraph (3) and signed by one of the persons specified in paragraph 3(2) (a), (b) and (c).

• (3) The person attesting an application under sub-paragraph (2) shall state—

• (a) his name and address and the qualification by virtue of which he is authorised to attest it, and

• (b) that, so far as he is aware, the statement included in the application in pursuance of sub-paragraph (2)(i) is true.

• (4) An application under article 9(1)—

• (a) which is received by the registration officer between the times specified in sub-paragraph (2)(a), and

• (b) in which the circumstances set out in accordance with sub-paragraph (1) relate to the applicant’s employment either as a constable or by a returning officer on the date of the poll at the election for which the application is made for a purpose connected with that election or some other Assembly, parliamentary, European Parliamentary or local government election the poll for which is held on the same day,

shall—

• (i) state the employment in question, and

• (ii) in addition to the applicant’s signature, be signed, in the case of a constable, by an officer of a police force of or above the rank of inspector or, in the case of a person employed by a returning officer who is not also the registration officer, by that returning officer.

Additional requirements for applications for appointment of a proxy

6

An application for the appointment of a proxy under article 11(6) or (7) shall state the full name and address of the person whom the applicant wishes to appoint as his proxy, together with his family relationship, if any, with the applicant, and—

• (a) if it is signed only by the applicant, shall contain a statement by him that he has consulted the person so named and that that person is capable of being and willing to be appointed to vote as his proxy, or

• (b) if it is also signed by the person to be appointed, shall contain a statement by that person that he is capable of being and willing to be appointed to vote as the applicant’s proxy.

Additional requirements for applications by proxies to vote by post at a particular Assembly election

7

An application under article 12(7) shall set out why the applicant’s circumstances on the date of the poll for the election in respect of which it is made will be or are likely to be such that he cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to the elector under this Order.

Closing dates for applications

8

• (1) An application—

• (a) to vote by post or proxy under article 8(1),

• (b) by an absent voter to alter his choice as to the manner of absent voting under article 8(7),

• (c) for the appointment of a proxy under article 11(6), or

• (d) from a proxy to vote by post under article 12(4),

shall be disregarded for the purposes of any particular Assembly election if it is received by the registration officer after 5pm on the eleventh day before the date of the poll at that election.

• (2) Subject to sub-paragraph (3), an application—

• (a) to vote by post or proxy under article 9(1),

• (b) by a postal voter for his ballot paper to be sent to a different address or to vote instead by proxy at a particular election under article 9(2),

• (c) for the appointment of a proxy under article 11(7),

• (d) from a proxy to vote by post under article 12(7), or

• (e) from a postal proxy for his ballot paper to be sent to a different address at a particular election under article 12(8),

shall be disallowed if it is received by the registration officer after 5pm on the eleventh day before the date of the poll at the election for which it was made.

• (3) Sub-paragraph (2) shall not apply to an application which satisfies the requirements of either paragraph 5(2) and (3) or 5(4); and such an application shall be disallowed if it is received by the registration officer after 5pm on the sixth day before the date of the poll at the election for which it was made.

• (4) The following, namely—

• (a) an application under article 8(6)(a) by an elector to be removed from the record kept under article 8(4),

• (b) an application under article 12(11)(a) by a proxy to be removed from the record kept under article 12(6), and

• (c) a notice under article 11(9) of the cancellation of a proxy’s appointment,

may be disregarded for the purposes of any particular Assembly election if it is received by the registration officer after 5pm on the eleventh day before the date of the poll at that election.

• (5) In computing a period of days for the purposes of paragraph 5 and this paragraph—

• (a) a Saturday or a Sunday,

• (b) Christmas Eve, Christmas Day, Maundy Thursday or Good Friday, or

• (c) a day which is a bank holiday in Wales under the Banking and Financial Dealings Act 1971³³,

shall be disregarded.

Grant or refusal of applications

9

• (1) Where the registration officer grants an application under article 8, 9, 11 or 12 he shall, where practicable, notify the applicant of his decision.

• (2) The proxy paper to be issued by the registration officer on the appointment of a proxy shall be in the form set out in English and Welsh in the Appendix (but this may be combined with another form of proxy paper if the registration officer is issuing a proxy paper appointing that person as proxy for the same elector in respect of another election or other elections).

• (3) Where the registration officer disallows an application under article 8, 9, 11 or 12 he shall notify the applicant of his decision and, in the case of an application under article 8(1) or 12(4), of the reason for his decision; and he shall date such notification.

• (4) Where under paragraph 8(1) or (4) the registration officer disregards an application for the purposes of any Assembly election, he shall, where practicable, notify the applicant of this.

Notice of appeal

10

• (1) A person desiring to appeal under article 5(1) against the decision of a registration officer must give notice of the appeal to the registration officer within 14 days of the receipt of the notice given under paragraph 9(3) specifying the grounds of the appeal.

• (2) The registration officer shall forward any such notice to the county court in the manner directed by rules of court together in each case with a statement of the material facts which in his opinion have been established in the case, of his decision upon the whole case and on any point which may be specified as a ground of appeal.

• (3) Where it appears to the registration officer that any notices of appeal given to him are based on similar grounds, he shall inform the county court of this to enable the court (if it thinks fit) to consolidate the appeals or select a case as a test case.

Cancellation of proxy appointment

11

Where the appointment of a proxy is cancelled by notice given to the registration officer under article 11(9) or ceases to be in force under that provision or is no longer in force under article 11(10)(b), the registration officer shall—

• (a) notify the person whose appointment as proxy has been cancelled or ceases to be or is no longer in force, unless the registration officer has previously been notified by that person that he no longer wishes to act as proxy, and

• (b) remove his name from the record kept under article 8(4) and (5)(b).

Inquiries by registration officer

12

• (1) The registration officer may, at such times as he thinks fit, make inquiries of a person—

• (a) who is shown in the record kept under article 8(4) by virtue of an application under that article on the grounds set out in article 8(2)(c) or (d),

• (b) who is shown in that record by virtue of an application having been treated as granted under paragraph 17(1) but who immediately before the commencement date was shown in a record kept under section 6(3) of the 1985 Act by virtue—

• (i) of an application under that section on the grounds set out in section 6(2)(b) or (c) of that Act, or

• (ii) of paragraph 9(1)(a) of Schedule 2 to the 1985 Act on the grounds set out in section 32(1)(b)(i), (c) or (g) of the 1983 Act,

for the purpose of determining whether there has been a material change of circumstances.

• (2) In the case of a person—

• (a) who is shown in the record kept under article 8(4) by virtue of an application under that article on the grounds set out in article 8(2)(d),

• (b) to whom sub-paragraph (1)(b)(i) applies and who immediately before the commencement date was shown in a record kept under section 6(3) of the 1985 Act by virtue of an application under that section on the grounds set out in section 6(2)(c) of that Act, or

• (c) to whom sub-paragraph (1)(b)(ii) applies and who immediately before the commencement date was shown in a record kept under section 6(3) of the 1985 Act by virtue of paragraph 9(1)(a) of Schedule 2 to the 1985 Act on the grounds set out in section 32(1)(b)(i) or (g) of the 1983 Act,

the registration officer shall make the inquiries referred to in sub-paragraph (1) not later than three years after the date of the granting of the application or the last such inquiries, as the case may be.

• (3) In respect of a person to whom sub-paragraph (2)(b) or (c) applies, the commencement date shall be treated as the date of the granting of the application.

• (4) The registration officer may treat the failure by a person of whom inquiries have been made under sub-paragraph (1) or (2) to respond to such inquiries within one month of the date on which they were made as sufficient evidence of a material change in circumstances.

• (5) In this paragraph “commencement date” means the date of commencement of this Order.

Records and lists kept under articles 8, 10 and 12

13

• (1) Subject to the provisions of this paragraph and article 151(a), the records kept under articles 8(4) and 12(6) and the lists kept under articles 10(1) and 12(9) shall be in such form as the registration officer thinks fit.

• (2) In that part of the absent voters list referred to in article 10(1)(a), the address to which a ballot paper or, where a person is entitled to give two votes at an ordinary election, ballot papers shall be sent to a person who is entitled to vote by post as an elector shall be placed on the right hand side of his name and electoral number.

• (3) In that part of the absent voters list referred to in article 10(1)(b) (the list of proxies), the name and address of the proxy shall be placed on the right hand side of the elector’s name and electoral number.

• (4) In the list kept under article 12(9) (those proxies who are entitled to vote by post), the name of the proxy, together with the address to which his ballot paper or, where a person is entitled to give two votes at an ordinary election, ballot papers shall be sent, shall be placed on the right hand side of the elector’s name and electoral number.

• (5) The registration officer shall make available for inspection at his office a copy of the records kept under articles 8(4) and 12(6).

• (6) As soon as practicable after the day referred to in paragraph 8(1), the registration officer shall publish the lists kept under articles 10(1) and 12(9) by making a copy of them available for inspection at his office; and he shall continue to make a copy of those lists so available until the date of the poll.

• (7) Subject to sub-paragraph (8), as soon as practicable after the publication of the lists referred to in sub-paragraph (6), the registration officer shall, on request, supply free of charge a copy of them to each—

• (a) candidate or his election agent at a constituency election, or

• (b) individual candidate or group of party list candidates, or his or their election agent, at a regional election.

• (8) But if such a request is made before any issue of postal ballot papers, he shall before that issue supply a copy of those lists or so much of them as relates to that issue.

• (9) In this paragraph, ‘electoral number’ means a person’s number in the register to be used at the election or, pending publication of the register, his number (if any) in the electors lists for that register.

Marked register for polling stations

14

To indicate that an elector or his proxy is entitled to vote by post and is for that reason not entitled to vote in person, the letter ‘A’ shall be placed against the name of that elector in any copy of the register, or part of it, provided for a polling station.

Certificate of employment at an Assembly election

15

The certificate as to the employment of constables and persons employed by a returning officer on the date of the poll at an Assembly election (to enable such a constable or person to vote elsewhere than at his own polling station) shall be in the form set out in English and Welsh in the Appendix and shall be signed, in the case of a constable, by an officer of a police force of or above the rank of inspector.

Notification by registration officer

16

Where a registration officer is required by this Schedule to notify any person, such notification shall be in writing and may be sent by post—

• (a) in the case of a person other than a service voter, to the address provided by that person for the purpose of such notification or of any record or, if there is no such address, to the last known place of abode of that person,

• (b) in the case of a service voter, to any address provided by him for the purpose of such notification or of any record or to the address provided for the purpose by the appropriate government department (as defined by section 59(3) of the 1983 Act) or, as the case may be, the British Council.

Transitional provision for absent voters

17

• (1) In relation to any person who, immediately before the commencement date, was entitled under the 1985 Act to vote by post or proxy at local government elections for an indefinite period, articles 7 to 13 shall have effect—

• (a) as if an application by him under article 8 so to vote at Assembly elections had been granted on that date,

• (b) where, immediately before that date, an appointment of a person to vote for him as proxy at local government elections was in force, as if the appointment has been made under article 11 on that date in respect of Assembly elections, and

• (c) where the application treated as granted by virtue of paragraph (a) is an application to vote by post, as if he had specified in the application as the address to which his ballot papers are to be sent the address provided by him for the purpose of those other elections.

• (2) Where an appointment of a person to vote as proxy for another at local government elections is treated by virtue of sub-paragraph (1) as made under article 11 and immediately before the commencement date the proxy was entitled under the 1985 Act to vote by post at such elections for an indefinite period, article 12 shall have effect—

• (a) where the proxy’s entitlement was based on his entitlement as elector to vote by post, as if an application by him under article 12(4)(a) to vote by post as proxy at Assembly elections had been granted on that date, and

• (b) where the proxy’s entitlement was based on the situation of the address to which his ballot paper was to be sent, as if an application by him under article 12(4)(b) to vote by post as proxy at Assembly elections had been granted on that date.

• (3) In this paragraph—

• (a) “commencement date” means the date of commencement of this Order, and

• (b) references to—

• (i) an entitlement to vote by post or proxy, or

• (ii) an appointment to vote as proxy for another,

at local government elections include such an entitlement or appointment where it also entitles or appoints a person to so vote at parliamentary elections.

SCHEDULE 3 — ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS

Interpretation

1