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

For the purposes of this Schedule, unless the context otherwise requires—

• “agent” includes an election agent and a person appointed to attend in the election agent’s place,

• “ballot paper envelope” and “covering envelope” mean the envelopes referred to in paragraph 10,

• “issue” includes the original and any subsequent issue,

• “list of postal proxies” means the list kept under article 12(9),

• “postal ballot paper” means a ballot paper issued to a postal voter,

• “postal voter” means a voter who is entitled to vote by post (and includes a postal proxy),

• “postal voters' ballot box” means the ballot box referred to in paragraph 12,

• “receptacle for ballot paper envelopes” and “receptacle for declarations of identity” mean the receptacles referred to in paragraph 17(4), “receptacle for postal ballot papers” means the receptacle referred to in paragraph 16(4) and “receptacle for rejected votes” means the receptacle referred to in paragraph 17(2), and

• “spoilt postal ballot paper” means a ballot paper referred to in paragraph 14(1).

issue of postal ballot papers

Combination of polls

2

Where the polls at elections are taken together under article 14(1) or (2) the proceedings on the issue and receipt of postal ballot papers in respect of each election may, if the returning officers agree, be taken together.

Form of declaration of identity

3

The declaration of identity sent with the postal ballot paper to a postal voter shall be—

• (a) in the form set out in English and Welsh in the Appendix at an ordinary election where a postal voter is entitled to give two votes and where the polls at the elections are not held together with the poll at another election under article 14(1) or (2),

• (b) in the form set out in English and Welsh in the Appendix at an Assembly election where the poll at the election is not held together with the poll at another election under article 14(1) or (2) (and where sub-paragraph (a) does not apply),

• (c) in the form set out in English and Welsh in the Appendix at an Assembly election (whether or not at an ordinary election where a postal voter is entitled to give two votes) where the proceedings on the issue and receipt of postal ballot papers are taken together with those proceedings at another election under paragraph 2,

• (d) in the form set out in English and Welsh in the Appendix at an ordinary election where a postal voter is entitled to give two votes, the polls at which are taken together with the poll at another election under article 14(1) or (2) in any part of an Assembly constituency, but where the proceedings on the issue and receipt of postal ballot papers are not taken together under paragraph 2, for use in that part of the constituency in which polls at more than one election are taken together under article 14(1) or (2), and

• (e) in the form set out in English and Welsh in the Appendix at an Assembly election, the poll at which is taken together with the poll at another election under article 14(1) or (2) in any part of an Assembly constituency, but where the proceedings on the issue and receipt of postal ballot papers are not taken together under paragraph 2, for use in that part of the constituency in which polls at more than one election are taken together under article 14(1) or (2) (and where sub-paragraph (d) does not apply).

Regional elections

4

At a regional election the functions connected with the issue and receipt of postal ballot papers are to be exercised in relation to each Assembly constituency in an Assembly electoral region by the returning officer for such a constituency.

Persons entitled to be present at issue and receipt of postal ballot papers

5

• (1) No person may be present at the proceedings on the issue or receipt of postal ballot papers other than—

• (a) the constituency returning officer and his clerks,

• (b) the regional returning officer in the case of a regional election,

• (c) a candidate,

• (d) an election agent or any person appointed by—

• (i) a candidate to attend in his election agent’s place in the case of a constituency election,

• (ii) an individual candidate or any or all of a group of party list candidates to attend in his or their election agent’s place in the case of a regional election, or

• (e) any agents appointed under sub-paragraph (2).

• (2) Where postal ballot papers are to be issued, or the envelopes contained in the postal voters' ballot boxes are to be opened, simultaneously in two or more batches, each—

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

• (b) individual candidate and election agent for a group of party list candidates, in the case of a regional election,

may appoint one or more agents up to the number as may be authorised by the constituency returning officer to appoint not exceeding the number of such batches; provided, however, that the number authorised shall be the same in the case of each candidate or, as the case may be, each individual candidate and election agent for a group of party list candidates.

• (3) Notice of the appointment stating the names and addresses of the persons appointed shall be given by the candidate or election agent to the constituency returning officer before the time fixed for the issue of the postal ballot papers or the opening of the postal voters' ballot boxes, as the case may be.

• (4) Where the postal ballot papers for more than one election are issued together under paragraph 2, the constituency returning officer to whom notice shall be given under this paragraph and sub-paragraphs (5) and (6) is the returning officer who issues the postal ballot papers.

• (5) If an agent dies or becomes incapable of acting, the candidate or election agent may appoint another agent in his place and shall forthwith give to the constituency returning officer notice in writing of the name and address of the agent appointed.

• (6) Agents may be appointed and notice of appointment given to the constituency returning officer by the election agent for a candidate who is otherwise authorised to make an appointment under sub-paragraph (2).

• (7) In this Schedule references to agents shall be taken as references to agents whose appointments have been duly made and notified and, in the case of agents appointed under sub-paragraph (2), who are within the number authorised by the constituency returning officer.

• (8) Any of the following persons, namely—

• (a) a candidate in the case of a constituency election,

• (b) an individual candidate in the case of a regional election, or

• (c) one candidate from a group of party list candidates in the case of a regional election,

may himself do any act or thing which any agent of his, if appointed, would have been authorised to do, or may assist his agent in doing any such act or thing.

• (9) Where in this Schedule any act or thing is required or authorised to be done in the presence of the candidates or their agents, the non-attendance of any such person at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.

Notification of requirement of secrecy

6

The constituency returning officer shall make such arrangements as he thinks fit to ensure that every person attending the proceedings in connection with the issue or receipt of postal ballot papers has been given a copy in writing of the provisions of article 31(4) and (6).

Notice of issue of postal ballot papers

7

• (1) The constituency returning officer shall give each—

• (a) candidate in the case of a constituency election, or

• (b) individual candidate and election agent for a group of party list candidates, in the case of a regional election,

not less than 48 hours' notice in writing of the time and place at which he will issue postal ballot papers and of the number of agents such person may appoint under paragraph 5(2) to attend that issue.

• (2) Where any subsequent issue of postal ballot papers is made, the constituency returning officer shall notify in writing each person required to be notified under sub-paragraph (1) as soon as practicable of the time and place at which he will make such subsequent issue and of the number of agents such person may appoint under paragraph 5(2) to attend such issue.

Marking of postal ballot papers etc.

8

• (1) Each postal ballot paper issued shall be stamped with the official mark and the name and number of the elector as stated in the register shall be called out, and such number shall be marked on the counterfoil, and a mark shall be placed in the absent voters list or the list of postal proxies against the number of the elector to denote that a ballot paper has been issued to the elector or his proxy but without showing the particular ballot paper issued.

• (2) The number of a postal ballot paper shall be marked on the declaration of identity sent with that paper.

• (3) Where postal ballot papers for more than one election are issued together at an ordinary election or under paragraph 2—

• (a) one mark shall be placed in the absent voters list or the list of postal proxies under sub-paragraph (1) to denote that ballot papers have been issued in respect of all of those elections, except that where ballot papers are not so issued a different mark shall be placed in the absent voters list or list of postal proxies to identify the election in respect of which the ballot paper was issued, and

• (b) the number of each ballot paper shall be marked on the declaration of identity under sub-paragraph (2).

• (4) Where the poll—

• (a) at an Assembly election, or

• (b) at an ordinary election where a postal voter is entitled to give two votes,

is taken with the poll at another election under article 14(1) or (2) but the proceedings on the issue and receipt of postal ballot papers are not taken together under paragraph 2, the colour of the postal ballot paper (or colours of the postal ballot papers) shall also be marked on the declaration of identity sent with that paper.

Refusal to issue postal ballot paper

9

Where a constituency returning officer is satisfied that two or more entries in either the absent voters list, or the list of postal proxies or in each of those lists relate to the same elector he shall not issue more than one ballot paper in respect of the same elector in respect of the same Assembly election.

Envelopes

10

• (1) The envelope which the constituency returning officer is required by paragraph 30 of Schedule 5 to send to a postal voter for the return of the postal ballot paper or, as the case may be, ballot papers and the declaration of identity (referred to as a ‘covering envelope’) shall be marked with the letter ‘B’.

• (2) In addition to the documents referred to in sub-paragraph (1), the constituency returning officer shall send to a postal voter a smaller envelope (referred to as a ‘ballot paper envelope’) which shall be marked with—

• (a) the letter ‘A’,

• (b) the words—

Ballot paper envelope Amlen papur pleidleisio,

and

• (c) the number of the ballot paper or, as the case may be, ballot papers.

• (3) Where the poll at an Assembly election is taken together with the poll at another election under article 14(1) or (2) but the proceedings on the issue and receipt of postal ballot papers are not to be taken together under paragraph 2—

• (a) the envelope referred to in sub-paragraph (1) shall also be marked—

Covering envelope for the [insert colour of ballot paper(s)] coloured ballot paper(s) Prif amlen ar gyfer y papur(au) pleidleisio lliw [nodwch liw'r papur(au) pleidleisio],

and

• (b) on the envelope referred to in sub-paragraph (2), after the words—

• (i) “Ballot paper envelope” there shall be added the words “for the [insert colour of ballot paper(s)] coloured ballot paper(s)” and

• (ii) “Amlen papur pleidleisio” there shall be added “ar gyfer y papur(au) pleidleisio lliw [nodwch liw'r papur(au) pleidleisio]”.

Delivery of postal ballot papers to post office

11

• (1) Envelopes addressed to postal voters shall be counted and forthwith delivered by the constituency returning officer to the nearest head post office, or such other office as may be arranged with the head postmaster, and the postmaster shall stamp with the post office date stamp a form of receipt to be presented by the constituency returning officer stating the number of envelopes so delivered, and shall immediately forward such envelopes for delivery to the persons to whom they are addressed.

• (2) First class postage of all such envelopes and all covering envelopes shall be prepaid by the constituency returning officer.

Provision of postal voters' ballot box

12

• (1) The constituency returning officer shall, at the proceedings on the original issue of postal ballot papers, provide a ballot box or ballot boxes for the reception of the covering envelopes when returned by the postal voters.

• (2) Every such ballot box shall be shown open and empty to the agents present and shall then be sealed with the seal of the constituency returning officer and the seals of such of the agents as desire to affix their seals in such manner as to prevent its being opened without breaking the seal.

• (3) Every such ballot box shall be marked “postal voters' ballot box” and with the name—

• (a) of the Assembly constituency and electoral region for which the elections are held at an ordinary election where a postal voter is entitled to give two votes, or

• (b) where paragraph (a) does not apply, of the Assembly constituency or electoral region for which the election is held (and, in the case of a regional election, the name of the Assembly constituency for which the constituency returning officer is returning officer).

• (4) The constituency returning officer shall make provision for the safe custody of every such ballot box.

Sealing up of special lists and counterfoils

13

• (1) The constituency returning officer, as soon as practicable after the completion of the issue of the postal ballot papers, and in the presence of the agents, shall make up in separate packets—

• (a) the marked copies of the absent voters list and of the list of postal proxies, and

• (b) the counterfoils of those ballot papers which were issued,

and shall seal such packets.

• (2) The sealed packet containing the marked copies of the absent voters list and of the list of postal proxies may be opened by the constituency returning officer for the purposes of a subsequent issue, and on completion of that issue the copies shall be again made up and sealed in accordance with sub-paragraph (1).

Spoilt postal ballot paper

14

• (1) If a postal voter has inadvertently dealt with a postal ballot paper of his in such manner that it cannot be conveniently used as a ballot paper (referred to as ‘a spoilt postal ballot paper’) he may return (either by hand or by post) to the constituency returning officer the spoilt postal ballot paper, the declaration of identity, the ballot paper envelope and the covering envelope.

• (2) Where postal ballot papers for more than one election have been issued together at an ordinary election or under paragraph 2, the postal voter shall, if he exercises the entitlement conferred by sub-paragraph (1), return all of the ballot papers so issued, whether spoilt or not.

• (3) On receipt of the documents referred to in sub-paragraphs (1) and, where applicable, (2) the constituency returning officer shall issue another postal ballot paper or, as the case may be, ballot papers except where those documents are received too late for another ballot paper (or ballot papers) to be returned before the close of the poll.

• (4) Paragraphs 5(1)(a) and (b), 6 and 8 to 13, except any reference to the presence of the agents, shall apply to the issue of postal ballot papers under sub-paragraph (3).

• (5) The spoilt postal ballot paper, and any other postal ballot paper issued with it in the case of an ordinary election or under paragraph 2, the declaration of identity and the ballot paper envelope, shall be immediately cancelled.

• (6) The constituency returning officer, as soon as practicable after cancelling those documents, shall make up those documents in a separate packet and shall seal the packet; and if on any subsequent occasion documents are cancelled as mentioned above, the sealed packet shall be opened and the additional cancelled documents included in it and the packet shall then be again made up and sealed.

receipt of postal ballot papers

Receipt of covering envelope

15

The constituency returning officer shall, immediately on receipt (whether by hand or by post) of a covering envelope before the close of the poll, place it unopened in a postal voters' ballot box sealed in accordance with paragraph 12.

Opening of postal voters' ballot box

16

• (1) Each postal voters' ballot box shall be opened by the constituency returning officer in the presence of the agents.

• (2) So long as the constituency returning officer ensures that there is at least one postal voters' ballot box for the reception of covering envelopes up to the time of the close of the poll, the other postal voters' ballot boxes may previously be opened by him.

• (3) The constituency returning officer shall give each—

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

• (b) individual candidate and election agent for a group of party list candidates in the case of a regional election,

not less than 48 hours' notice in writing of the time and place of the opening of each postal voters' ballot box and the envelopes contained in it and of the number of agents such person may appoint under paragraph 5(2) to be present at each opening.

• (4) The constituency returning officer shall provide a ballot box as a receptacle for postal ballot papers (referred to as “the receptacle for postal ballot papers”) and every such ballot box shall be shown open and empty to the agents present and shall then be sealed with the seal of the constituency returning officer and the seals of such of the agents as desire to affix their seals in such manner as to prevent its being opened without breaking the seal.

• (5) Every ballot box referred to in sub-paragraph (4) shall be marked “postal voters' ballot papers” and with the name—

• (a) of the Assembly constituency and electoral region for which the elections are held at an ordinary election where a postal voter is entitled to give two votes, or

• (b) where paragraph (a) does not apply, of the Assembly constituency or electoral region for which the election is held (and, in the case of a regional election, the name of the Assembly constituency for which the constituency returning officer is returning officer).

• (6) The constituency returning officer shall make provision for the safe custody of every such ballot box.

• (7) The ballot box shall be opened at the counting of the votes under paragraph 50 of Schedule 5.

Opening of covering envelopes

17

• (1) When a postal voters' ballot box has been opened, the constituency returning officer shall count and note the number of covering envelopes, and shall then open each covering envelope separately.

• (2) Where a covering envelope does not contain both a declaration of identity and a ballot paper envelope or, if there is no ballot paper envelope, a ballot paper (or ballot papers) he shall mark the covering envelope “rejected”, attach to it the contents (if any) of the covering envelope and place it in a separate receptacle (referred to as “the receptacle for rejected votes”); and if the covering envelope does not contain the declaration separately, the constituency returning officer shall open the ballot paper envelope to ascertain if the declaration is inside that envelope.

• (3) On opening a covering envelope, other than one to which sub-paragraph (2) applies, the constituency returning officer shall first satisfy himself that the declaration of identity has been duly signed by the voter and authenticated by a witness who has signed the declaration and given his name and address and, if he is not so satisfied, he shall mark the declaration “rejected”, attach to it the ballot paper envelope or, if there is no such envelope, the ballot paper (or ballot papers), and place it in the receptacle for rejected votes (but before so doing he shall show the declaration to the agents and, if any objection is made by any agent to his decision, he shall add the words “rejection objected to”).

• (4) Where the number (or numbers) on the declaration of identity duly signed and authenticated agrees with the number (or numbers) on the ballot paper envelope, he shall place the declaration in a separate receptacle (referred to as “the receptacle for declarations of identity”) and the ballot paper envelope in another separate receptacle (referred to as “the receptacle for ballot paper envelopes”).

• (5) Where there is no ballot paper envelope or the ballot paper envelope has been opened under sub-paragraph (2), he shall place—

• (a) in the receptacle for postal ballot papers, any ballot paper the number on which is the same as the number (or one of the numbers) on the declaration of identity, duly signed and authenticated,

• (b) in the receptacle for rejected votes, any other ballot paper, to which shall be attached the declaration of identity marked “rejected”, and

• (c) in the receptacle for declarations of identity, any such declaration not disposed of under paragraph (b) above.

• (6) Where the number (or numbers) on the declaration of identity, duly signed and authenticated, is not the same as the number (or numbers) on the ballot paper envelope or that envelope has no number on it (or only one number where the declaration of identity has more than one) he shall open the envelope and shall place—

• (a) in the receptacle for postal ballot papers, any ballot paper the number on which is the same as the number (or one of the numbers) on the declaration of identity, duly signed and authenticated,

• (b) in the receptacle for rejected votes, any other ballot paper, to which shall be attached the declaration of identity marked “rejected”,

• (c) in the receptacle for rejected votes, any declaration of identity, marked “rejected”, in respect of a ballot paper envelope which either does not contain a ballot paper or, where more than one number appears on the declaration, a sufficient number of ballot papers (and indicating, in such a case, the missing ballot paper), and

• (d) in the receptacle for declarations of identity, any such declaration not disposed of under paragraph (b) or (c).

• (7) Except for the purposes of ascertaining under sub-paragraph (2) whether a ballot paper envelope contains a declaration of identity or under sub-paragraph (6) whether the number (or numbers) on the declaration agrees with the number on the ballot paper (or ballot papers), the constituency returning officer shall not open the ballot paper envelopes before they are opened under paragraph 19.

Sealing up of rejected votes and declarations of identity

18

At the conclusion of the proceedings under paragraph 17 the constituency returning officer shall put the contents of the receptacle for rejected votes and the contents of the receptacle for declarations of identity into two separate packets and shall seal up such packets.

Opening of ballot paper envelopes

19

• (1) After sealing up the packets referred to in paragraph 18 the constituency returning officer shall open separately each ballot paper envelope placed in the receptacle for ballot paper envelopes.

• (2) He shall place—

• (a) in the receptacle for postal ballot papers, any ballot paper the number on which is the same as the number (or one of the numbers) on the ballot paper envelope,

• (b) in a separate receptacle, any other ballot paper which shall be marked “rejected” and to which shall be attached the ballot paper envelope, and

• (c) in the receptacle referred to in paragraph (b), any ballot paper envelope which shall be marked “rejected” because it does not contain either a ballot paper or, where more than one number appears on the ballot paper envelope, a sufficient number of ballot papers (and indicating, in such a case, the missing ballot paper),

and he shall make the contents of the receptacle referred to in paragraph (b) up into a packet and shall seal such packet.

Abandoned poll

20

• (1) Subject to sub-paragraph (2), where a poll is abandoned or countermanded after postal ballot papers have been issued, by reason of the death of a candidate, the constituency returning officer—

• (a) shall not take any step or further step to open covering envelopes or deal with the contents in accordance with the provisions of this Schedule, and

• (b) shall, notwithstanding paragraph 18 or 19, treat all unopened covering envelopes and the contents of those which have been opened as if they were counted ballot papers.

• (2) Sub-paragraph (1) shall not apply where postal ballot papers for more than one—

• (a) Assembly election have been issued together at an ordinary election, or

• (b) election have been issued together under paragraph 2.

Forwarding of documents

21

• (1) The constituency returning officer shall forward to the Assembly at the same time as he forwards the documents mentioned in paragraph 62 of Schedule 5—

• (a) any packets referred to in paragraphs 13, 14, 18 or 19, subject to the provisions of paragraph 20, endorsing on each packet a description of its contents, the date of the election to which it relates and the name—

• (i) of the Assembly constituency and electoral region for which the elections are held at an ordinary election where a postal voter is entitled to give two votes, or

• (ii) where sub-paragraph (i) does not apply, of the Assembly constituency or electoral region for which the election is held (and, in the case of a regional election, the name of the Assembly constituency for which the constituency returning officer is returning officer), and

• (b) a completed statement in the form set out in English and Welsh in the Appendix of the number of postal ballot papers issued.

• (2) Where any covering envelopes are received by the constituency returning officer after the close of the poll or any envelopes addressed to postal voters are returned as undelivered too late to be re-addressed, or any spoilt ballot papers are returned too late to enable other postal ballot papers to be issued, he shall put them unopened into a separate packet, seal up such packet and endorse and forward it at a subsequent date in the manner described in sub-paragraph (1).

• (3) Paragraphs 63 and 64 of Schedule 5 shall apply to any packet or document forwarded under this paragraph.

SCHEDULE 4 — COMBINATION OF POLLS

PART I — GENERAL

Returning officers and polling stations

1

• (1) Where the polls at an ordinary Assembly election and an ordinary local government election are taken together under article 14(1)—

• (a) those functions of the returning officer at the local government election which are specified in paragraph 2 shall be discharged by the constituency returning officer for an Assembly constituency for such part of the local government area as is situated in the constituency, and

• (b) only polling stations used for the ordinary Assembly election shall be used for the local government election.

• (2) Subject to sub-paragraph (4) where the polls at an Assembly and a local government election for related areas (within the meaning of article 14(3)) are taken together under article 14(2)—

• (a) the returning officers for those elections shall decide which returning officer shall discharge in the area in which the polls are combined (“the combined area”) those functions of the other which are specified in paragraph 2, and

• (b) the only polling stations which shall be used in the combined area at such elections are the polling stations used at the election for which the returning officer who discharges the functions referred to in paragraph (a) acts as returning officer.

• (3) Where by virtue of sub-paragraph (2)(a) functions in respect of another election fall to be discharged by a regional returning officer, he in turn shall delegate the discharge of those functions to the constituency returning officer for an Assembly constituency that is wholly or partly situated in the combined area in relation to such part of the combined area as is situated in the Assembly constituency: and where functions are so delegated subsequent references in this Part to the returning officer who discharges the functions specified in paragraph 2 are to be treated as references to such a constituency returning officer.

4

Where the polls at an ordinary Assembly election and a local government election for related areas are taken together under article 14(2) sub-paragraph (1)(a) and (b) shall apply.

Functions at combined polls

2

• (1) The functions referred to in paragraph 1 above are the functions conferred or imposed—

• (a) in the case of an Assembly election, by Schedule 5 and which are specified in sub-paragraph (2), and

• (b) in the case of a local government election, by those rules in the rules made under section 36 of the 1983 Act which correspond to the provisions specified in sub-paragraph (2),

and where the proceedings on the issue and receipt of postal ballot papers at two or more elections are taken together under paragraph 2 of Schedule 3, the functions conferred or imposed by that Schedule and by Part V of the 1986 Regulations.

• (2) The functions referred to in sub-paragraph (1) are those functions in Schedule 5 conferred or imposed by—

• (a) paragraph 29(2) and (3) (notice of situation of polling stations etc.),

• (b) where the proceedings on the issue and receipt of postal ballot papers at two or more elections are taken together under paragraph 2 of Schedule 3, paragraph 30 of Schedule 5 (postal ballot papers),

• (c) paragraph 31 (provision of polling stations),

• (d) paragraph 32(1) and (3) (appointment of presiding officers and clerks) to the extent that the paragraph concerns the appointment of presiding officers and clerks to assist them,

• (e) paragraph 34 (equipment of polling stations),

• (f) paragraph 36(a) (notification of requirement of secrecy at polling station),

• (g) paragraph 37(4) (signature of certificate as to employment),

• (h) paragraph 38(2)(b) (authorisation to order removal from polling station), and

• (i) Sub-paragraphs (1), (1A), (2), (11) and (12) (as substituted by paragraph 18 of this Schedule) of paragraph 50 (the count) and sub-paragraph (8) of paragraph 50.

Modification of provisions about expenses in this Order and the 1983 Act

3

• (1) Where those functions of a returning officer at an election which are specified in paragraph 2 are discharged by the returning officer at another election under paragraph 1, references to the returning officer or his charges or expenditure—

• (a) in article 20(1) to (4), (7), (9) and (10) (payments by and to returning officer),

• (b) in article 21 (taxation of returning officer’s account), and

• (c) in section 36(4) and (5A) of the 1983 Act³⁴ (expenses at local elections),

shall, to the extent that such functions are so discharged, be construed as references to the returning officer who discharges those functions and his charges or expenditure in respect of those functions.

• (2) The reference in section 36(6) of the 1983 Act to the returning officer or person acting as returning officer requesting an advance in respect of his expenses shall, to the extent that those expenses relate to the functions specified in paragraph 2, include a reference to the returning officer who under paragraph 1 discharges those functions at the local government election.

• (3) In relation to elections the polls at which are taken together under article 14(1) or (2), the Assembly may under article 20(1) include special provision for services properly rendered, or expenses properly incurred, in respect of the discharge of functions specified in paragraph 2, and in respect of the remuneration of presiding officers and clerks, by the returning officer who discharges those functions by virtue of paragraph 1.

• (4) In relation to elections the polls at which are taken together under article 14(1) or (2), a county or county borough council may, in fixing a scale under—

• (a) section 36(4) of the 1983 Act (fixing a scale at an election to the council etc.), or

• (b) section 36(5A) of that Act (fixing a scale at an election for a community within the area of the council etc.),

include special provision for expenses incurred in respect of the discharge of functions specified in paragraph 2, and in respect of the remuneration of presiding officers and clerks, by the returning officer who discharges those functions by virtue of paragraph 1.

PART II — MODIFICATIONS TO SCHEDULE 5 TO APPLY WHERE THE POLL AT AN ASSEMBLY ELECTION IS TAKEN TOGETHER WITH A POLL AT A LOCAL GOVERNMENT ELECTION UNDER ARTICLE 14(1) OR (2)

Modifications to Schedule 5: general provision

4

Where the poll at an Assembly election is taken with the poll at a local government election under article 14(1) or (2), Schedule 5 shall have effect subject to the modifications set out in the remaining paragraphs of this Part.

Paragraph 25 of Schedule 5 (colour of ballot papers)

5

At the end of paragraph 25 of Schedule 5 there shall be added—

But the ballot paper to be used at an Assembly election shall be of a different colour from that of any ballot paper to be used at a local government election the poll for which is taken together with the poll for the Assembly election.

Paragraph 29 of Schedule 5 (notice of poll)

6

At the end of paragraph 29 of Schedule 5 there shall be added—

(5) Where the poll at an Assembly election is taken together with a poll at a local government election the notice published under sub-paragraph (2) or (3) shall— (a) state that the poll at the Assembly election is to be taken together with the poll at a local government election, (b) specify the relevant local authority and, in the case of a local government election to fill a casual vacancy, the electoral area for which the election is held, and (c) where the polls are to be taken together in part of an Assembly constituency only, specify that part.

Paragraph 33 of Schedule 5 (issue of official poll cards)

7

At the end of paragraph 33 of Schedule 5 there shall be added—

(9) Where a poll at an Assembly election is taken together with a poll at a local government election an official poll card issued under this paragraph may be combined with an official poll card issued at the local government election.

Paragraph 34 of Schedule 5 (equipment of polling stations)

8

• (1) After paragraph 34(2) of Schedule 5 there shall be inserted—

(2A) Where the poll at an Assembly election is taken together with a poll at a local government election the same ballot box shall be used for the receipt of ballot papers in respect of votes given at each election.

• (2) After paragraph 34(7) of Schedule 5 there shall be inserted—

(7A) Where a poll at an Assembly election is taken together with a poll at a local government election, the notice in the form set out in English and Welsh in the Appendix, giving directions for the guidance of the voters in voting, shall be printed in conspicuous characters and exhibited inside and outside every polling station.

• (3) For paragraph 34(8) and (9) of Schedule 5 there shall be substituted—

(8) Where the poll at an Assembly election is taken together with a poll at a local government election in every compartment of every polling station there shall be exhibited the notice— (a) in respect of a constituency election— - Vote for one candidate only on the constituency ballot paper coloured [colour of ballot paper]. Put no other mark on the ballot paper or your vote may not be counted. - Pleidleisiwch dros un ymgeisydd yn unig ar y papur pleidleisio etholaeth lliw [lliw'r papur pleidleisio]. Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, neu fe all na chaiff eich pleidlais ei chyfrif. (b) in respect of a regional election— - Vote once only on the regional ballot paper coloured [colour of ballot paper]. Put no other mark on the ballot paper or your vote may not be counted. - Pleidleisiwch unwaith yn unig ar y papur pleidleisio rhanbarthol lliw [lliw'r papur pleidleisio]. Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, neu fe all na chaiff eich pleidlais ei chyfrif. (c) in respect of a local government election— (i) where there is more than one candidate to be returned for an electoral area— Vote for no more than . . . candidates on the local government ballot paper coloured [colour of ballot paper]. Put no other marks on the ballot paper or your votes may not be counted. Peidiwch â phleidleisio dros fwy na(g) . . . o ymgeiswyr ar y papur pleidleisio llywodraeth leol lliw [lliw'r papur pleidleisio]. Peidiwch â rhoi unrhyw farciau eraill ar y papur pleidleisio, neu fe all na chaiff eich pleidleisiau eu cyfrif. (ii) where there is one candidate to be returned for an electoral area— Vote for no more than one candidate on the local government ballot paper coloured [colour of ballot paper]. Put no other mark on the ballot paper or your vote may not be counted. Peidiwch â phleidleisio dros fwy nag un ymgeisydd ar y papur pleidleisio llywodraeth leol lliw [lliw'r papur pleidleisio]. Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, neu fe all na chaiff eich pleidlais ei chyfrif.

Paragraph 35 of Schedule 5 (appointment of polling and counting agents)

9

After paragraph 35(7) of Schedule 5 there shall be inserted—

(7A) Where the poll at an Assembly election is taken together with a poll at a local government election notices of the appointment of polling agents which are required by sub-paragraphs (5), (6) and (7) to be given to the returning officer shall be given to the returning officer who discharges the functions specified in paragraph 2 of Schedule 4.

Paragraph 40 of Schedule 5 (questions to be put to voters)

10

• (1) In the questions in paragraph 40(1)(a)(i) and (ii) and (3)(a)(i) and (ii) of Schedule 5, before “election” there shall be inserted “Assembly”.

• (2) In the questions in paragraph 40(1)(b)(i) and (ii) and (3)(b)(i) and (ii) of Schedule 5, after “yr etholiad hwn” there shall be inserted “i'r Cynulliad”.

Paragraph 42 of Schedule 5 (voting procedure)

11

At the end of paragraph 42 of Schedule 5 there shall be added—

(5) Where the poll at an Assembly election is taken together with a poll at a local government election the same copy of the register of electors may be used under sub-paragraph (1) for each election and one mark may be placed in that register under sub-paragraph (1)(d) or in the list of proxies under sub-paragraph (1)(e) to denote that a ballot paper has been received in respect of each election; except that, where a ballot paper has been issued in respect of one election only, a different mark shall be placed in the register or, as the case may be, list so as to identify the election in respect of which the ballot paper was issued.

Paragraph 43 of Schedule 5 (votes marked by presiding officer)

12

At the end of paragraph 43 of Schedule 5 there shall be added—

(5) Where the poll at an Assembly election is taken together with a poll at a local government election the same list of votes marked by the presiding officer may be used for each election and, where it is so used, an entry in that list shall be taken to mean that the ballot papers were so marked in respect of each election, unless the list identifies the election at which the ballot paper was so marked.

Paragraph 44 of Schedule 5 (voting by blind persons)

13

At the end of paragraph 44 of Schedule 5 there shall be added—

(9) Where the poll at an Assembly election is taken together with a poll at a local government election the same list of blind voters assisted by companions may be used for each election and, where it is so used, an entry in that list shall be taken to mean the votes were so given in respect of each election, unless the list identifies the election at which the vote was so given.

Paragraph 45 of Schedule 5 (tendered ballot papers)

14

At the end of paragraph 45 of Schedule 5 there shall be added—

(6) Where the poll at an Assembly election is taken together with a poll at a local government election the same tendered votes list may be used for each election and, where it is so used, an entry in that list shall be taken to mean that tendered ballot papers were so marked in respect of each election, unless the list identifies the election at which a tendered ballot paper was so marked.

Paragraph 47 of Schedule 5 (adjournment of poll in case of riot)

15

After paragraph 47(1) of Schedule 5 there shall be inserted—

(1A) Where the poll at an Assembly election is taken together with a poll at a local government election, and the returning officer who discharges the functions specified in paragraph 2 of Schedule 4 is not a constituency returning officer, the notice required to be given under sub-paragraph (1)(b) or (c) shall also be given to the first mentioned returning officer.

Paragraph 48 of Schedule 5 (procedure on close of poll)

16

• (1) After paragraph 48(1) of Schedule 5 there shall be inserted—

(1A) Where sub-paragraph (1) applies and the poll is taken together with a poll at a local government election the contents of the packets referred to in sub-paragraph (1)(b) to (e) and (g) to (i) shall not be combined with the contents of packets made under the corresponding rule that applies at a local government election; nor shall the statement prepared under sub-paragraph (4) be so combined.

• (2) After paragraph 48(2) of Schedule 5 there shall be inserted—

(2A) Where sub-paragraph (2) applies and the poll is taken together with a poll at a local government election— (a) the contents of the packets referred to in sub-paragraph (2)(b), (c), (e) and (f) shall not be combined with the contents of packets made under the corresponding rule that applies at a local government election; nor shall the statement prepared under sub-paragraph (4) be so combined, and (b) references to the constituency returning officer in sub-paragraph (3) are references to the returning officer who discharges the functions specified in paragraph 2 of Schedule 4.

Paragraph 49 of Schedule 5 (time of, and attendance at, counting of votes)

17

• (1) In paragraph 49 of Schedule 5, for “paragraph 50(1)” (in each place) there shall be substituted “paragraph 50(1A)”.

• (2) After paragraph 49(2) of Schedule 5 there shall be inserted—

(2A) Where the poll at an Assembly election is taken together with a poll at a local government election and a constituency returning officer at the Assembly election does not discharge the functions specified in paragraph 2 of Schedule 4 (so that sub-paragraph (1) does not apply), the constituency returning officer shall make arrangements for counting the votes in the presence of the counting agents after the delivery of the ballot papers to him by the returning officer who does discharge those functions, and he shall also give to the counting agents notice in writing of the time and place he will begin to count the votes if he has by then received the ballot papers, (2B) At a regional election notice under sub-paragraph (2A) shall also be given to the regional returning officer.

• (3) In paragraph 49(8), before “the efficient” there shall be inserted “the efficient separating of the ballot papers or, as the case may be,”.

Paragraph 50 of Schedule 5 (the count)

18

• (1) For paragraphs 50(1) and (2) of Schedule 5 there shall be substituted—

(1) This sub-paragraph applies where— (a) voters at an ordinary election are entitled to give two votes in an Assembly constituency, (b) the polls at the Assembly elections are taken together with a poll at a local government election in the Assembly constituency, and (c) the constituency returning officer for the Assembly constituency discharges the functions specified in paragraph 2 of Schedule 4. (1A) Where sub-paragraph (1) applies the constituency returning officer shall— (a) in the presence of the counting agents appointed for the purposes of the Assembly elections open each ballot box and record separately the number of ballot papers in those boxes for each election, (b) in the presence of the election agents appointed for the purposes of the Assembly elections verify each ballot paper account, (c) count such of the postal ballot papers as have been duly returned and record separately the number counted at each election, (d) separate the ballot papers relating to each election, (e) make up into packets the ballot papers for each election other than the Assembly elections and seal them up in separate containers endorsing on each a description of the area to which the ballot papers relate, (f) deliver, or cause to be delivered, to the returning officer at the election to which the ballot papers relate— (i) those containers, together with a list of them and of the contents of each, and (ii) the ballot paper accounts together with a copy of the statement as to the result of their verification in respect of that election, and (g) at the same time deliver, or cause to be delivered, to that officer packets that so relate containing,— (i) the unused and spoilt ballot papers, (ii) the tendered ballot papers, and (iii) the counterfoils of the used ballot papers and the certificates as to employment on duty on the day of the poll. (2) The proceedings described in sub-paragraph (1A) may be undertaken at a different place (or at different places) than a place at which the votes at an Assembly election are counted; but if the power is so exercised sub-paragraph (3) does not apply with respect to the ballot papers and other documents relating to the local government election. (2A) Where a constituency returning officer at an Assembly election does not discharge the functions specified in paragraph 2 of Schedule 4 he shall— (a) on receipt of containers from the returning officer who does discharge those functions, and after the time specified in the notice given under paragraph 49(2A), in the presence of the counting agents open each container, (b) where the proceedings on the issue and receipt of postal ballot papers are not taken together with those proceedings at another election under paragraph 2 of Schedule 3, count such of the postal ballot papers as have been duly returned and record the number counted, and (c) mix together the postal ballot papers and the ballot papers from all of the containers and count the votes given on them; and sub-paragraph (8) shall not apply to these proceedings.

• (2) In paragraph 50(3) and (4) of Schedule 5, for “sub-paragraph (1)” there shall be substituted “sub-paragraph (1A)”.

• (3) In paragraph 50(3) of Schedule 5 after “the power” there shall be inserted “referred to in sub-paragraph (2)”.

• (4) For paragraph 50(11) to (13) of Schedule 5 there shall be substituted—

(11) Where the poll at an Assembly election is taken together with a poll at a local government election and sub-paragraph (1) or (2A) does not apply— (a) sub-paragraph (12) shall apply, and (b) “each election” in sub-paragraphs (3)(a) and (4) shall be construed as “the Assembly election”, (12) Sub-paragraphs (1A) and (2) shall apply save that the reference to sub-paragraph (1) shall be construed as a reference to this sub-paragraph and the references to Assembly elections in sub-paragraph (1A) shall be construed as references to the Assembly election; and references in this paragraph and paragraph 49 to sub-paragraph (1A) include references to that sub-paragraph where it applies by virtue of this sub-paragraph.

Paragraph 62 of Schedule 5 (delivery of documents to the Assembly)

19

After paragraph 62(2) of Schedule 5 there shall be inserted—

(2A) Where the poll at an Assembly election is taken together with a poll at a local government election and a constituency returning officer does not discharge the functions specified in paragraph 2 of Schedule 4, sub-paragraph (2) shall have effect as if paragraphs (c) and (f) were omitted.

Paragraph 65 of Schedule 5 (countermand or abandonment of poll etc. on death of candidate)

20

• (1) After sub-paragraph (9) there shall be inserted—

(9A) Where the poll at an Assembly election is taken together with a poll at a local government election and the poll at the Assembly election is abandoned by reason of a candidate’s death (and sub-paragraph (9) does not apply) the steps required by the presiding officer at such a polling station by sub-paragraph (8) shall take place at the close of poll; and in sub-paragraph (8)— (a) references to the constituency returning officer shall be construed as references to the returning officer who discharges the functions specified in paragraph 2 of Schedule 4, and (b) “having separated the ballot papers relating to the local government election,” shall be construed as having been inserted after “constituency returning officer,” in paragraph (b).

• (2) At the end of paragraph 65 of Schedule 5 there shall be added—

(11) Where the poll at an Assembly election is taken together with a poll at a local government election neither the countermand of the notice of the poll at the Assembly election nor the direction that that poll be abandoned under this paragraph shall affect the poll at the local government election.

Appendix of forms in Schedule 5 (form of directions for the guidance of the voters in voting)

21

In the Appendix of forms in Schedule 5, after the form of directions for the guidance of the voters in voting referred to in paragraph 34(6) and (7) of Schedule 5 there shall be inserted—

(1) When you are given a ballot paper make sure it is stamped with the official mark. (2) Go to one of the compartments. Each ballot paper tells you how many times you may vote on that paper. Do not vote for more than that number. Mark your choice(s) with a cross (×). Put no other mark on the ballot paper, or your vote may not be counted. (3) Fold the ballot papers in two. Show the official mark to the presiding officer, but do not let anyone see your vote. Put the ballot papers in the ballot box and leave the polling station. (4) If by mistake you spoil a ballot paper, show it to the presiding officer and ask for another one. (1) Pan roir papur pleidleisio i chi gwnewch yn siŵr iddo gael ei stampio â'r marc swyddogol. (2) Ewch i un o'r cabanau. Mae pob papur pleidleisio yn dweud wrthych sawl gwaith y cewch bleidleisio ar y papur hwnnw. Peidiwch â phleidleisio dros fwy na'r nifer hwnnw. Marciwch eich dewis(iadau) â chroes (×). Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, neu fe all na chaiff eich pleidlais ei chyfrif. (3) Plygwch y papurau pleidleisio yn ddau. Dangoswch y marc swyddogol i'r swyddog llywyddu, ond peidiwch â gadael i neb weld eich pleidlais. Rhowch y papurau pleidleisio yn y blwch pleidleisiau a mynd allan o'r orsaf bleidleisio. (4) Os bydd i chi drwy gamgymeriad ddifetha papur pleidleisio, dangoswch ef i'r swyddog llywyddu a gofyn am un arall.

Appendix of forms in Schedule 5 (form of declaration to be made by the companion of a blind voter)

22

• (1) In the Appendix of forms of Schedule 5, the form of declaration to be made by the companion of a blind voter shall be amended in accordance with sub-paragraphs (2) and (3).

• (2) In that part of the form in English for “the Assembly election now being held in this [constituency] [and] [electoral region]” there shall be substituted “the elections now being held in this Assembly constituency [, Assembly electoral region] and [name of electoral area for which election is held and name of local government area]”.

• (3) In that part of the form in Welsh for “yn etholiad y Cynulliad a gynhelir yn awr yn yr [etholaeth hon] [a'r] [rhanbarth etholiadol hwn]” there shall be substituted “yr etholiadau a gynhelir yn awr yn yr etholaeth Gynulliad hon [, y rhanbarth etholiadol Cynulliad hwn] ac [enw'r ardal etholiadol y cynhelir yr etholiad hwn ar ei chyfer ac enw'r ardal llywodraeth leol]”.

PART III — MODIFICATIONS TO ELECTION RULES TO APPLY WHERE THE POLL AT AN ELECTION OF COUNTY OR COUNTY BOROUGH COUNCILLORS IS TAKEN TOGETHER WITH A POLL AT AN ASSEMBLY ELECTION UNDER ARTICLE 14(1) OR (2)

Modifications to principal area election rules: general provision

23

• (1) Where the poll at an election of county or county borough councillors is taken together with the poll at an Assembly election under article 14(1) or (2), Schedule 2 to the Local Elections (Principal Areas) 1986³⁵ (rules for conduct of election of councillors of a principal area) shall have effect subject to the modifications set out in to the remaining paragraphs of this Part.

• (2) In this Part the rules in that Schedule referred to in sub-paragraph (1) are referred to as the principal area election rules.

Rule 1 of principal area election rules (timetable)

24

In rule 1 of this principal area election rules, in the entry relating to polling, for “8 in the morning and 9” there shall be substituted “7 in the morning and 10”.

Rule 14 of principal area election rules (the ballot papers)

25

• (1) At the end of rule 14(2) of the principal area election rules there shall be inserted—

(e) shall be of a different colour from that of any ballot papers used at an Assembly election and any local government election the polls at which are taken together with the poll at the principal area election.

• (2) At the end of rule 14 of the principal area election rules there shall be added—

(4) References to an Assembly election in paragraph (2)(e) and elsewhere in these rules refer to an election to the National Assembly for Wales; and references to an Assembly election (and to a poll at such an election) include a reference to Assembly elections (and to polls at such elections) where the context so requires.

Rule 18 of principal area election rules (notice of poll)

26

At the end of rule 18 of the principal area election rules there shall be added—

(4) The notice published under paragraph (3) shall: (a) state that the poll at the principal area election is to be taken together with the poll at an Assembly election and any other local government election, (b) specify the Assembly constituency or electoral region and any relevant local authority and, in the case of an election to fill a casual vacancy, the electoral area for which the other election is held, and (c) where the polls are to be taken together in part of the local government area only, specify that part.

Rule 22 of principal area election rules (issue of official poll cards)

27

At the end of rule 22 there shall be added—

(5) An official poll card issued under this rule may be combined with the official poll card issued at an Assembly election and any other local government election.

Rule 23 of principal area election rules (equipment of polling stations)

28

• (1) After rule 23(1) of the principal area election rules there shall be inserted—

(1A) The same ballot box shall be used for the poll at the principal area election and at the polls at the Assembly election and any other local government election.

• (2) For rule 23(5) of the principal area election rules³⁶ there shall be substituted—

(5) In every compartment of every polling station there shall be exhibited the notice— (a) in respect of a local government election— (i) where there is more than one candidate to be returned for an electoral area— Vote for no more than candidates on the local government ballot paper coloured [colour of ballot paper]. Put no other marks on the ballot paper or your votes may not be counted. Peidiwch â phleidleisio dros fwy nag o ymgeiswyr ar y papur pleidleisio llywodraeth leol lliw [lliw'r papur pleidleisio]. Peidiwch â rhoi unrhyw farciau eraill ar y papur pleidleisio, neu fe all na chaiff eich pleidleisiau eu cyfrif. (ii) where there is one candidate to be returned for an electoral area— Vote for no more than one candidate on the local government ballot paper coloured [colour of ballot paper]. Put no other mark on the ballot paper or your vote may not be counted. Peidiwch â phleidleisio dros fwy nag un ymgeisydd ar y papur pleidleisio llywodraeth leol lliw [lliw'r papur pleidleisio]. Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, neu fe all na chaiff eich pleidlais ei chyfrif.

• (b) in respect of an Assembly election for an Assembly constituency—

Vote for one candidate only on the constituency ballot paper coloured [colour of ballot paper]. Put no other mark on the ballot paper or your vote may not be counted. Pleidleisiwch dros un ymgeisydd yn unig ar y papur pleidleisio etholaeth lliw [lliw'r papur pleidleisio]. Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, neu fe all na chaiff eich pleidlais ei chyfrif.

, and

• (c) in respect of an Assembly election for an Assembly electoral region—

Vote once only on the regional ballot paper coloured [colour of ballot paper]. Put no other mark on the ballot paper or your vote may not be counted. Pleidleisiwch unwaith yn unig ar y papur pleidleisio rhanbarthol lliw [lliw'r papur pleidleisio]. Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, neu fe all na chaiff eich pleidlais ei chyfrif.

Rule 24 of principal area election rules (appointment of polling and counting agents)

29

At the end of rule 24(5) of the principal area election rules there shall be added—

Notices of the appointment of polling agents which are required by this paragraph and paragraphs (6) and (7) to be given to the returning officer shall be given to that returning officer who discharges the functions specified in paragraph 2 of Schedule 4 to the National Assembly for Wales (Representation of the People) Order 1999.

Rule 29 of principal area election rules (questions to be put to voters)

30

• (1) In question (ii) in rule 29(1)(a) and (b) of the principal area election rules, and in the second question of rule 29(2), after “this election” there shall be inserted “for this [county] [county borough] (*delete whichever is inapplicable)”.

• (2) In the equivalent questions in Welsh set out in Part I of the Schedule to the Local Elections (Principal Areas) (Welsh Forms) Order 1987³⁷ after, “yn yr etholiad presennol” and “yn yr etholiad hwn” (in both places) there shall be inserted “ar gyfer [y sir] [y fwrdeistref sirol] hon (*dileer pa un bynnag sy'n anghymwys)”.

Rule 31 of principal area election rules (voting procedure)

31

At the end of rule 31 of the principal area election rules there shall be added—

(4) The same copy of the register of electors may be used under paragraph (1) for each election and one mark may be placed in that register under paragraph (1)(d) or in the list of proxies under paragraph (1)(e) to denote that a ballot paper has been received in respect of each election; except that, where a ballot paper has been issued in respect of one election only, a different mark shall be placed in the register or, as the case may be, list so as to identify the election in respect of which the ballot paper was issued.

Rule 32 of principal area election rules (votes marked by presiding officer)

32

At the end of rule 32(2) of the principal area election rules there shall be added—

The same list may be used for each election and, where it is so used, an entry in that list shall be taken to mean that the ballot papers were so marked in respect of each election, unless the list identifies the election at which the ballot paper was so marked.

Rule 33 of principal area election rules (voting by blind persons)

33

At the end of rule 33(4) of the principal area election rules there shall be added—

The same list may be used for each election and, where it is so used, an entry in that list shall be taken to mean that the votes were so given in respect of each election, unless the list identifies the election at which the vote was so given.

Rule 34 of principal area election rules (tendered ballot papers)

34

At the end of paragraph 34(3) of the principal area election rules there shall be added—

The same list may be used for each election and, where it is so used, an entry in that list shall be taken to mean that tendered ballot papers were so marked in respect of each election, unless the list identifies the election at which a tendered ballot paper was so marked.

Rule 36 of principal area election rules (adjournment of poll in case of riot)

35

In rule 36(1) of the principal area election rules, after “returning officer” there shall be inserted “who discharges the functions specified in paragraph 2 of Schedule 4 to the National Assembly for Wales (Representation of the People) Order 1999”.

Rule 37 of principal area election rules (procedure on close of poll)

36

After rule 37(1) of the principal area election rules there shall be inserted—

(1A) The contents of the packets referred to in paragraph (1)(b), (c) and (e) shall not be combined with the contents of the packets made under the corresponding provisions that apply to an Assembly election and any other local government election; nor shall the statement prepared under paragraph (3) below be so combined. (1B) References to the returning officer in paragraph (1) are references to the returning officer who discharges the functions specified in paragraph 2 of Schedule 4 to the National Assembly for Wales (Representation of the People) Order 1999.

Rules 38 of principal area election rules (attendance at counting of votes)

37

• (1) For rule 38(1) of the principal area election rules there shall be substituted—

(1) Where the returning officer at the principal area election discharges the functions specified in paragraph 2 of Schedule 4 to the National Assembly for Wales (Representation of the People) Order 1999, he shall make arrangements for discharging the functions under rule 39(1) (as substituted by Schedule 4 to the National Assembly for Wales (Representation of the People) Order 1999) in the presence of the counting agents appointed for the purposes of the principal area election as soon as practicable after the close of the poll and for thereafter counting the votes at the election in the presence of those agents; and he shall give to those counting agents notice in writing of the time and place at which he will begin to discharge the functions under rule 39(1) (as so substituted). (1A) Where the returning officer at the principal area election does not discharge the functions specified in paragraph 2 of Schedule 4 to the National Assembly for Wales (Representation of the People) Order 1999, he shall make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the delivery of the ballot papers to him by the returning officer who does discharge those functions, and shall give to the counting agents notice in writing of the time after which he will begin to count the votes if by then he has received the ballot papers and of the place at which that count will take place.

• (2) In rule 38(2) before “at the counting of the votes” there shall be inserted “at the proceedings under rule 39(1) (as so substituted) or”.

• (3) In rule 38(3) before “counting of the votes” in the first place where they occur, there shall be inserted “proceedings under rule 39(1) (as so substituted) or the” and before “the efficient” there shall be inserted “the efficient separating of the ballot papers or, as the case may be,”.

Rule 39 of principal area election rules (the count)

38

For rule 39(1) and (2) of the principal area election rules there shall be substituted—

(1) Where the returning officer at the principal area election discharges the functions specified in paragraph 2 of Schedule 4 to the National Assembly for Wales (Representation of the People) Order 1999, he shall— (a) in the presence of the counting agents appointed for the purposes of the principal area election open each ballot box and record separately the number of ballot papers used in each election, (b) in the presence of the counting agents appointed for the purposes of the principal area election verify each ballot paper account, (c) count such of the postal ballot papers as have been duly returned and record separately the number counted at each election, (d) separate the ballot papers relating to each election, (e) make up into packets the ballot papers for each election other than the principal area election and seal them up in separate containers endorsing on each a description of the area to which the ballot papers relate, (f) deliver, or cause to be delivered, to the returning officer for the election to which the ballot papers relate (or, in the case of a regional election, to the constituency returning officer for the Assembly constituency in which the votes were given on those ballot papers)— (i) those containers, together with a list of them and of the contents of each, and (ii) the ballot paper accounts together with a copy of the statement as to the result of their vertification in respect of that election, and (g) at the same time deliver, or cause to be delivered, to that officer packets that so relate containing— (i) the unused and spoilt ballot papers, (ii) the tendered ballot papers, (iii) the counterfoils of the used ballot papers, and (iv) the certificates as to employment on duty on the day of the poll, but in the case of a local government election the separate packets relating to that election referred to in paragraphs (iii) and (iv) shall be combined. (2) After completion of the proceedings under paragraph (1), the returning officer shall mix together all of the ballot papers used at the principal area and count the votes given on them. (2A) Where the returning officer at the principal area election does not discharge the functions specified in paragraph 2 of Schedule 4 to the National Assembly for Wales (Representation of the People) Order 1999, he shall— (a) on receipt of containers from the returning officer who does discharge those functions, and after the time specified in the notice given under rule 38(1A) (as substituted by Schedule 4 to the National Assembly for Wales (Representation of the People) Order 1999), in the presence of the counting agents open each container, (b) where the proceedings on the issue and receipt of postal ballot papers are not taken together with those proceedings at another election under paragraph 2 of Schedule 3 to the National Assembly for Wales (Representation of the People) Order 1999, count such of the postal ballot papers as have been duly returned and record the number counted, and (c) mix together the postal ballot papers and the ballot papers from all of the containers and count the votes given on them. - Paragraph (6) does not apply to these proceedings.

Rule 46 of principal area election rules (delivery of documents)

39

At the end of rule 46(1) of the principal area election rules³⁸ there shall be added—

At an election where the returning officer does not discharge the functions specified in paragraph 2 of Schedule 4 to the National Assembly for Wales (Representation of the People) Order 1999, this paragraph shall have effect as if sub-paragraphs (c) and (e) were omitted.

Rule 49 of principal area election rules (countermand or abandonment of poll on death of candidate)

40

• (1) At the end of rule 49(1) of the principal area election rules³⁹ there shall be added—

• Provided that neither the countermand of the notice of the poll at the principal area election nor the direction that that poll be abandoned shall affect the poll at the Assembly election and any other local government election.

• (2) For rule 49(2) of the principal area election rules there shall be substituted—

(2) Where the poll at the principal area election is abandoned by reason of a candidate’s death, no further ballot papers shall be delivered in any polling station and, at the close of the poll for the Assembly election and any other local government election, the presiding officer shall take the like steps for the delivery to the returning officer of ballot boxes and of ballot papers and other documents as he would be required to do if the poll at the principal area election had not been abandoned, and the returning officer shall dispose of ballot papers used at the principal area election as he is required to do on the completion in due course of the counting of the votes, but— (a) it shall not be necessary for any ballot paper account at that election to be prepared or verified, and (b) the returning officer, having separated the ballot papers relating to the Assembly election and any other local government election, shall take no step or further step for the counting of the ballot papers used at the principal area election or of the votes and shall seal up all of those ballot papers, whether the votes on them have been counted or not, and it shall not be necessary to seal up counted and rejected ballot papers in separate packets.

Appendix of forms to principal area election rules (declaration of identity)

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