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

• (1) In the Appendix of forms to the principal area election rules, for the form of declaration of identity⁴⁰ there shall be substituted—

• (a) the form set out in sub-paragraph (2) where the proceedings on the issue and receipt of postal ballot papers at the principal area election are taken together with those proceedings at an Assembly election under paragraph 2 of Schedule 3 to the National Assembly for Wales (Representation of the People) Order 1999, and

• (b) the form set out in sub-paragraph (3) where those proceedings are not taken together.

• (2) The following form shall be substituted where sub-paragraph (1)(a) applies—

• (3) The following form shall be substituted where sub-paragraph (1)(b) applies—

Appendix of forms to principal area election rules (directions for the guidance of the voters in voting)

42

In the Appendix of forms to the principal area election rules, for the form of directions for the guidance of the voters in voting⁴¹ there shall be substituted the same form of directions as is set out in paragraph 21.

Appendix of forms to principal area election rules (declaration to be made by the companion of a blind voter)

43

• (1) In the Appendix of forms in the principal area election rules, in the form of declaration to be made by the companion of a blind voter—

• (a) after “election now being held in this electoral area” there shall be inserted “and the election now being held in this [Assembly constituency] [Assembly electoral region] (*delete whichever is inapplicable)”, and

• (b) for “said election” (in both places) where they occur there shall be substituted “said elections”.

• (2) In the equivalent declaration in Welsh set out in Part I, in the Schedule to the Local Elections (Principal Areas) (Welsh Forms) Order 1987⁴²—

• (a) after “yn yr adran etholiadol hon” there shall be inserted “a'r etholiad a gynhelir yn awr yn [ yr etholaeth Gynulliad hon] [ y] [ rhanbarth etholiadol Cynulliad hwn] (dileer pa un bynnag sy'n anghymwys)”, and

• (b) for “etholiad a enwyd” (in both places) there shall be substituted “etholiadau a enwyd”.

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

Modifications to community election rules: general provision

44

• (1) Where the poll at an election of community councillors is taken together with the poll at an Assembly election under article 14(1) or (2), Schedule 2 to the Local Elections (Parish and Communities) Rules 1986⁴³ (rules for conduct of election of councillors of a community or parish) 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 community election rules.

Rule 1 of community election rules (timetable)

45

In rule 1 of the community 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 community election rules (the ballot papers)

46

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

(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 community election.

• (2) At the end of rule 14 of the community 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 community election rules (notice of poll)

47

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

(4) The notice published under paragraph (3) shall: (a) state that the poll at the community 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 community election rules (issue of official poll cards)

48

At the end of rule 22 to the community election rules there shall be added—

(6) 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 community election rules (equipment of polling stations)

49

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

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

• (2) For rule 23(5) of the community election rules⁴⁴ 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 pleidlais ei chyfrif. (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. (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, ne fe all na chaiff eich pleidlais ei chyfrif.

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

50

At the end of rule 24(5) of the community election rules there shall be inserted—

Notices of the appointment of polling agents which are required by this paragraph and paragraph (6) 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 community election rules (questions to be put to voters)

51

• (1) In question (ii) in rule 29(1)(a) and (b) of the community election rules, and in the second question of rule 29(2), after “this election” there shall be inserted “for this community”.

• (2) In the equivalent questions in Welsh set out in Part I of the Schedule to the Local Elections (Communities) (Welsh Forms) Order 1987⁴⁵, after “yn yr etholiad presennol” and “yn yr etholiad hwn” (in both places) there shall be inserted “ar gyfer y gymuned hon”.

Rule 31 of community election rules (voting procedure)

52

At the end of rule 31 of the community 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 community election rules (votes marked by presiding officer)

53

At the end of rule 32(2) of the community 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 community election rules (voting by blind persons)

54

At the end of rule 33(4) of the community 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 community election rules (tendered ballot papers)

55

At the end of rule 34(3) of the community 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 community election rules (adjournment of poll in case of riot)

56

In rule 36(1) of the community 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 community election rules (procedure on close of poll)

57

After rule 37(1) of the community 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 wth the contents of the packets made under the corresponding provisions that apply at 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.

Rule 38 of community election rules (attendance at counting of votes)

58

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

(1) Where the returning officer at the community 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 community election as soon as practicable after the close of the poll and for thereafter counting the votes at that 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 community 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) of the community election rules 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) of the community election rules 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 community election rules (the count)

59

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

(1) Where the returning officer at the community 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 community 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 community 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 community 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 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, (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 community election and count the votes given on them. (2A) Where the returning officer at the community 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 community election rules (delivery of documents)

60

At the end of rule 46 of the community election rules⁴⁶ 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 community election rules (countermand or abandonment of poll on death of candidate)

61

• (1) At the end of rule 49(1) of the community election rules there shall be added—

• Provided that neither the countermand of the notice of the poll at the community 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 community election rules there shall be substituted—

(2) Where the poll at the community 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 community election had not been abandoned, and the returning officer shall dispose of ballot papers used at the community 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 community 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 community election rules (declaration of identity)

62

• (1) In the Appendix of forms to the community election rules, for the form of declaration of identity⁴⁷ there shall be substituted—

(a) the form set out in paragraph 41(2) where the proceedings on the issue and receipt of postal ballot papers at the community election are taken together with those proceedings at an Assembly election under paragraph 2 of Schedule 3 to the National Assembly for Wales (Representation of the People) Order 1999, and (b) the form set out in paragraph 41(3) where those proceedings are not taken together.

Appendix of forms to community election rules (directions for the guidance of the voters in voting)

63

In the Appendix of forms to the community election rules, for the form of directions for the guidance of the voters in voting⁴⁸ there shall be substituted the same form of directions as is set out in paragraph 21.

Appendix of forms to community election rules (declaration to be made by the companion of a blind voter)

64

• (1) In the Appendix of forms to the community election rules, in the form of declaration to be made by the companion of a blind voter—

• (a) after “election now being held in this electoral area” there shall be inserted “and the election now being held in this [Assembly constituency] [Assembly electoral region] (delete whichever is inapplicable)”, and

• (b) for “said election” (in both places) there shall be substituted “said elections”.

• (2) In the equivalent declaration in Welsh set out in Part I in the Schedule to the Local Elections (Communities) (Welsh Forms) Order 1987⁴⁹—

• (a) after “yn yr adran etholiadol hon” there shall be inserted “a'r etholiad a gynhelir yn awr yn [ yr etholaeth Gynulliad hon] [ y] [ rhanbarth etholiadol Cynulliad hwn] ( dileer pa un bynnag sy'n anghymwys)”, and

• (b) for “etholiad a enwyd” (in both places) there shall be substituted “etholiadau a enwyd”.

SCHEDULE 5 — CONDUCT OF ASSEMBLY ELECTIONS AND RETURN OF ASSEMBLY MEMBERS

PART I — provisions as to time

Timetable

1

• (1) The proceedings at an Assembly election shall be conducted in accordance with the following Table—

Proceeding	Time
Publication of notice of election.	Not later than the twenty-fifth day before the day of election.
Delivery of nomination papers.	Between— the hours of 10 in the morning and 4 in the afternoon after the date of publication of notice of election but before the nineteenth day before the day of election, and the hours of 10 in the morning and noon onthe nineteenth day before the day of election.
The making of objections to nomination papers.	During the hours allowed for delivery of nomination papers on the last day for their delivery and the hour following, but— no objection may be made in the afternoon of that last day except to a nomination paper delivered within 24 hours of the last time for its delivery and, in the case of a nomination paper so delivered, no objection may be so made to the sufficiency or nature of the particulars of a candidate unless made at or immediately after the time of the delivery of the nomination paper, and the foregoing provisions do not apply to objections made under paragraph 18(2).
Delivery of notices of withdrawal of candidature.	Not later than noon on the seventeenth day before the day of election.
Publication of statement of persons nominated.	Not later than noon on the sixteenth day before the day of election.
Polling.	Between the hours of 7 in the morning and 10 at night on the day of election.

• (2) In the Table—

• (a) “nomination papers”, in the case of a regional election, refers to individual or party nomination papers, and

• (b) in the case of making an objection to a party nomination paper, making of an objection to a nomination paper refers to the making of an objection—

• (i) to such a paper, or

• (ii) to the nomination of any party list candidate or candidates in respect of such a paper.

Computation of time

2

In computing any period of time for the purposes of the Timetable—

• (a) a Saturday or a Sunday,

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

• (c) a day which is a bank holiday in Wales under the Banking and Financial Dealings Act 1971⁵⁰, or

• (d) a day appointed for public thanksgiving or mourning,

shall be disregarded, and any such day shall not be treated as a day for the purpose of any proceedings up to the completion of the poll nor shall a constituency returning officer be obliged to proceed with the counting of votes on such a day.

PART II — STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS

notice of election

Notice of election: constituency election and regional election

3

• (1) At a constituency election, the constituency returning officer shall publish notice of the election stating—

• (a) the place and times at which individual nomination papers are to be delivered,

• (b) that forms of individual nomination paper may be obtained at that place and at those times, and

• (c) the date of the poll in the event of a contest.

• (2) At a regional election, the regional returning officer shall prepare a notice of election stating—

• (a) the place or places and times at which individual or party nomination papers are to be delivered,

• (b) that forms of individual or party nomination papers may be obtained at that place or those places and at those times, and

• (c) the date of the poll in the event of a contest;

and he shall deliver, or cause to be delivered, the notice to each constituency returning officer for an Assembly constituency in the Assembly electoral region.

• (3) On receipt of a notice under sub-paragraph (2) a constituency returning officer shall publish it.

• (4) A notice of election under sub-paragraph (1) or (2) shall state the date by which—

• (a) applications to vote by post or by proxy, and

• (b) other applications and notices about postal or proxy voting,

must reach the registration officer in order that they may be effective for the election.

Nomination

Nomination of candidates at a constituency election

4

• (1) Each candidate at a constituency election shall be nominated by a separate individual nomination paper, in the form set out in English and Welsh in the Appendix delivered—

• (a) by the candidate himself, or

• (b) where in respect of the candidate a certificate issued under paragraph 5(1) is also delivered, by the registered nominating officer of a registered political party,

to the constituency returning officer at the place fixed for the purpose, but the paper may be so delivered on the candidate’s behalf by his election agent if the agent’s name and address have been previously given to the returning officer as required by article 32 or are so given at the time the paper is delivered.

• (2) The individual nomination paper shall state the candidate's—

• (a) full names,

• (b) home address in full, and

• (c) if desired (and subject to paragraph 5(1)), description,

and the surname shall be placed first in the list of his names.

• (3) The description, if any, shall not exceed six words in length, and need not refer to his rank, profession or calling so long as, with the candidate’s other particulars, it is sufficient to identify him.

• (4) Each nomination paper delivered under this paragraph shall be subscribed by one person who shall also (if he is not the candidate) set out his full name and address.

• (5) The constituency returning officer shall supply any person upon request with a form of individual nomination paper at the place, and during the time, for delivery of nomination papers but it is not necessary for a nomination to be on a form supplied by the constituency returning officer.

Nomination paper: name of registered political party

5

• (1) At an Assembly election, an individual nomination paper may not include a description of a candidate which is likely to lead voters to associate the candidate with a registered political party unless, in the case of a constituency election, the description is authorised by a certificate in the form set out in English and Welsh in the Appendix—

• (a) issued by the party’s registered nominating officer, and

• (b) received by the constituency returning officer at some time during the period for the delivery of nomination papers set out in the Table in paragraph 1(1).

• (2) If it is proposed that the party’s registered emblem (or as the case may be, one of the party’s registered emblems) is to be shown on the ballot paper against the candidate’s particulars, a certificate issued under sub-paragraph (1) shall request that it be so shown.

• (3) A certificate issued under sub-paragraph (1) may be combined with an individual nomination paper delivered under paragraph 4(1).

• (4) A person shall be guilty of a corrupt practice if he fraudulently purports to be authorised by virtue of paragraph 70, to issue a certificate under sub-paragraph (1) on behalf of a party’s registered nominating officer.

Nomination of individual candidates at a regional election

6

• (1) Each individual candidate at a regional election shall be nominated by a separate individual nomination paper, in the form set out in English and Welsh in the Appendix delivered by the candidate himself to the regional returning officer at the place or a place fixed for the purpose, but the paper may be so delivered on the candidate’s behalf by his election agent if the agent’s name and address have been previously given to the returning officer as required by article 32 or are so given at the time the paper is delivered.

• (2) The individual nomination paper shall state the candidate's—

• (a) full names,

• (b) home address in full, and

• (c) if desired (and subject to paragraph 5(1)), description,

and the surname shall be placed first in the list of his names.

• (3) The description, if any, shall not exceed six words in length, and need not refer to his rank, profession or calling so long as, with the candidate’s other particulars, it is sufficient to identify him.

• (4) Each nomination paper delivered under this paragraph shall be subscribed by one person who shall also (if he is not the candidate) set out his full name and address.

• (5) The regional returning officer shall supply any person upon request with a form of individual nomination paper at the place or a place, and during the time, for delivery of individual or party nomination papers but it is not necessary for a nomination to be on a form supplied by the regional returning officer.

Nomination of party list candidates at a regional election

7

• (1) Each group of party list candidates at a regional election shall be nominated by a separate party nomination paper in the form set out in English and Welsh in the Appendix delivered by the registered political party’s registered nominating officer to the regional returning officer at the place or a place fixed for the purpose.

• (2) Each party nomination paper shall include a description of the party (which shall not exceed six words in length).

• (3) In respect of each candidate to be included on a party list, the party nomination paper shall state the candidate's—

• (a) full names, and

• (b) home address in full,

and the surname shall be placed first in the list of his names.

• (4) The order in which those persons appear on the party nomination paper shall be the order in which they are included on the party’s list.

• (5) Subject to sub-paragraph (6), where a party nomination paper has been delivered in accordance with this paragraph, the registered political party shall be regarded as having submitted a party list under section 5 of the 1998 Act.

• (6) But where in accordance with this Schedule a party nomination paper is held to be invalid or all the candidates included on the list otherwise cease to stand nominated, the party shall cease to be regarded as having submitted a party list under section 5 of that Act.

• (7) Each nomination paper delivered under this paragraph shall be subscribed by one person who shall also (if he is not a candidate) set out his full name and address.

• (8) The regional returning officer shall supply any person on request with a form of party nomination paper at the place or a place, and during the time, for delivery of individual or party nomination papers but it is not necessary for nominations included on a party list to be on a form supplied by the regional returning officer.

Party nomination paper: name of registered political party

8

• (1) The description required by paragraph 7(2) to be contained in a party nomination paper shall be authorised by a certificate in the form set out in English and Welsh in the Appendix issued by the registered nominating officer of the registered political party.

• (2) If it is proposed that the party’s registered emblem (or, as the case may be, one of the party’s registered emblems) is to be shown on the ballot paper against the party’s name the certificate issued under sub-paragraph (1) shall request that it be so shown.

• (3) A certificate issued under sub-paragraph (1) shall be combined with the party nomination paper delivered under paragraph 7(1).

• (4) A person shall be guilty of a corrupt practice if he fraudulently purports to be authorised by virtue of paragraph 70 to issue a certificate under sub-paragraph (1) on behalf of a party’s registered nominating officer.

Consent to nomination

9

• (1) Subject to sub-paragraph (3), at a constituency election a person shall not be validly nominated unless his consent to nomination—

• (a) is given and dated in writing on, or within one month before, the day fixed as the last day for the delivery of nomination papers,

• (b) is attested by one witness, and

• (c) is delivered at the place, and within the time, for the delivery of nomination papers.

• (2) Subject to sub-paragraph (3), at a regional election a person shall not be validly nominated (whether as an individual or a party list candidate) unless his consent to nomination—

• (a) is given and dated in writing on, or within one month before, the day fixed as the last day for the delivery of individual or party nomination papers,

• (b) is attested by one witness, and

• (c) is delivered at the place or a place, and within the time, for the delivery of individual or party nomination papers.

• (3) If the appropriate returning officer is satisfied that owing to the absence of a person from the United Kingdom it has not been reasonably practicable for his consent in writing to be given as mentioned above, a facsimile communication (or any similar means of communication) consenting to his nomination and purporting to have been sent by him shall be deemed for the purposes of this paragraph to be consent in writing by him on the day on which it purports to have been sent, and attestation of his consent shall not be required.

• (4) A candidate’s consent given under this paragraph—

• (a) shall state the day, month and year of his birth, and

• (b) shall state—

• (i) that he is aware of the provisions of sections 12 to 15 of the 1998 Act (disqualification) and the National Assembly for Wales (Disqualification) Order 1999⁵¹, and

• (ii) that to the best of his knowledge and belief he is not disqualified for membership of the Assembly.

• (5) A candidate is required to give his consent under this paragraph notwithstanding that he has subscribed the nomination paper by virtue of which he is nominated.

Deposit

10

• (1) In relation to a candidate at a constituency election, a person shall not be validly nominated unless the sum of £500 is deposited by him, or on his behalf, with the constituency returning officer at the place and during the time for delivery of nomination papers.

• (2) In relation to candidates at a regional election—

• (a) an individual candidate shall not be validly nominated unless the sum of £500 is deposited by him, or on his behalf, or

• (b) a group or party list candidates shall not be validly nominated unless the sum of £500 is deposited by them, or on their behalf,

with the regional returning officer at the place or a place, and during the time, for delivery of individual or party nomination papers.

• (3) The deposit may be made either—

• (a) by the deposit of any legal tender,

• (b) by means of a banker’s draft, or

• (c) with the appropriate returning officer’s consent, in any other manner,

but the appropriate returning officer may refuse to accept a deposit sought to be made by means of a banker’s draft if he does not know that the drawer carries on business as a banker in the United Kingdom.

• (4) Where the deposit is made on behalf of a candidate at a constituency election or an individual candidate at a regional election, the person making the deposit shall at the time he makes it give his name and address to the appropriate returning officer unless that information has previously been given to him under article 32.

• (5) Where the deposit is made on behalf of a group of party list candidates at a regional election the person making the deposit shall at the time he makes it—

• (a) if he is the registered political party’s registered nominating officer, state that fact to the regional returning officer, or

• (b) if he is not the party’s registered nominating officer, give his name and address to the regional returning officer unless that information has previously been given to him under article 32.

Place for delivery of nomination papers

11

• (1) In relation to a constituency election, the constituency returning officer shall fix the place at which individual nomination papers are to be delivered to him, and shall attend there during the time for their delivery and for making of objections to them.

• (2) The place in relation to a constituency election shall be in—

• (a) the Assembly constituency, or

• (b) the registration area which includes the Assembly constituency.

• (3) In relation to a regional election, the regional returning officer shall fix the place or places at which individual or party nomination papers are to be delivered to him, and he shall attend there during the time for their delivery and for making objections to them.

• (4) A place in relation to a regional election shall be in the Assembly electoral region.

• (5) For the purposes of sub-paragraph (2)(b) ‘registration area’ means the area of two or more Assembly constituencies which have the same registration officer.

Right to attend nomination

12

• (1) In relation to a constituency election, except for the purpose of delivering an individual nomination paper or of assisting the constituency returning officer, and subject to sub-paragraph (5), no person is entitled to attend the proceedings during the time for delivery of individual nomination papers or for making objections to them unless he is—

• (a) a person standing nominated as a candidate,

• (b) the election agent of such a person, or

• (c) the registered nominating officer of a registered political party that has delivered a certificate under paragraph 5(1) in respect of a candidate,

but where a candidate acts as his own election agent he may name one other person who shall be entitled to attend in place of his election agent.

• (2) In relation to a regional election, except for the purpose of delivering an individual or party nomination paper or of assisting the regional returning officer, and subject to sub-paragraph (5), no person is entitled to attend the proceedings during the time for delivery of individual or party nomination papers or for making objections to them unless he is—

• (a) a person standing nominated as an individual or party list candidate,

• (b) the election agent of such a person, or

• (c) the registered nominating officer of a registered political party that has submitted a party list,

but where an individual candidate acts as his own election agent, or a party list candidate acts as election agent for a group of party list candidates, he may name one other person who shall be entitled to attend in place of his election agent.

• (3) In the case of a constituency election, the right to attend conferred by this paragraph includes the right—

• (a) to inspect, and

• (b) to object to the validity of,

any individual nomination paper.

• (4) In the case of a regional election, the right to attend conferred by this paragraph includes the right—

• (a) to inspect, and

• (b) to object to the validity of,

any individual or party nomination paper and, in the case of a party nomination paper, the right to object to the nomination of a party list candidate.

• (5) A wife or husband of a candidate is entitled to be present at the delivery of the nomination paper by which that candidate is nominated, and may afterwards, so long as the candidate stands nominated, attend the proceedings referred to in sub-paragraph (1) or (2), but without any such right as is conferred by sub-paragraph (3) or (4).

Decisions as to validity of individual nomination papers

13

• (1) At an Assembly election an individual candidate shall be deemed to stand nominated where an individual nomination paper by which he is nominated and his consent to nomination are delivered and a deposit is made in accordance with this Schedule; and such candidate shall be deemed to stand nominated unless and until—

• (a) the appropriate returning officer decides that the nomination paper is invalid,

• (b) proof is given to the appropriate returning officer’s satisfaction of the candidate’s death, or

• (c) the candidate withdraws.

• (2) The appropriate returning officer is entitled to hold an individual nomination paper invalid only on one of the following grounds—

• (a) that the particulars of the candidate are not as required by law (including, at a constituency election, that an individual nomination paper breaches paragraph 5(1)),

• (b) that the paper is not subscribed as so required,

• (c) that the candidate is disqualified by the Representation of the People Act 1981⁵² (as applied by the 1998 Act), and

• (d) in the case of an individual candidate at a regional election, that he falls within section 5(6) of the 1998 Act.

• (3) Subject to sub-paragraph (4), the appropriate returning officer shall give his decision on any objection to an individual nomination paper as soon as practicable after it is made.

• (4) If in the constituency returning officer’s opinion an individual nomination paper breaches paragraph 5(1), he shall give a decision to that effect as soon as practicable after the close of the period for delivery of nomination papers set out in the Table in paragraph 1(1).

• (5) Where the appropriate returning officer decides that an individual nomination paper is invalid, he shall endorse and sign on the paper the fact and the reasons for his decision.

• (6) The appropriate returning officer’s decision that a nomination paper is valid shall be final and shall not be questioned in any proceeding whatsoever.

• (7) Subject to sub-paragraph (6), nothing in this paragraph prevents the validity of a nomination being questioned on an election petition.

Decisions as to validity of party nomination papers and as to the validity of nominations included on a party list

14

• (1) At a regional election a party list candidate shall be deemed to stand nominated where a party nomination paper by which he is nominated and his consent to nomination are delivered and a deposit is made in accordance with this Schedule; and such candidate shall be deemed to stand nominated unless and until—

• (a) the regional returning officer decides that the nomination paper is invalid,

• (b) proof is given to the regional returning officer’s satisfaction of the candidate’s death, or

• (c) the candidate withdraws.

• (2) The regional returning officer is entitled to hold a party nomination paper invalid only on one of the following grounds—

• (a) that it breaches paragraph 7(2),

• (b) that it breaches paragraph 8(1) or 8(3),

• (c) that it is not subscribed as so required,

• (d) that the party list includes more than twelve persons, or

• (e) each candidate included on the party list has ceased to stand nominated.

• (3) Where, in respect of a party list candidate—

• (a) proof is given to the regional returning officer’s satisfaction of his death, or

• (b) he withdraws,

he shall cease to stand nominated, or

• (i) his particulars are not as required by law,

• (ii) he is disqualified by the Representation of the People Act 1981 (as applied by the 1998 Act), or

• (iii) he falls within section 5(5) of the 1998 Act,

the regional returning officer is entitled to hold that the candidate shall cease to stand nominated.

• (4) Where a candidate ceases to stand nominated by virtue of sub-paragraph (3) it shall not of itself prevent any other candidate included on the party list from continuing to stand nominated.

• (5) Subject to sub-paragraph (6), the regional returning officer shall give his decision on any objection to a party nomination paper or to a party list candidate as soon as practicable after it is made.

• (6) If in the regional returning officer’s opinion a party nomination paper breaches paragraph 7(2), 8(1) or 8(3), he shall give a decision to that effect as soon as practicable after the close of the period for delivery of nomination papers set out in the Table in paragraph 1(1).

• (7) Where the regional returning officer decides that—

• (a) a party nomination paper is invalid, or

• (b) a party list candidate shall cease to stand nominated,

he shall endorse and sign on the paper the fact and reasons for his decision.

• (8) The regional returning officer’s decision that—

• (a) a party nomination paper is valid, or

• (b) a party list candidate shall continue to stand nominated,

shall be final and shall not be questioned in any proceeding whatsoever.

• (9) Subject to sub-paragraph (8), nothing in this paragraph prevents the validity of a nomination being questioned on an election petition.

Withdrawal of candidates

15

• (1) Subject to sub-paragraph (3), a candidate at a constituency election may withdraw his candidature by notice of withdrawal—

• (a) signed by him and attested by one witness, and

• (b) delivered to the constituency returning officer at the place for delivery of nomination papers.

• (2) Subject to sub-paragraph (3), a candidate at a regional election may withdraw his candidature by notice of withdrawal—

• (a) signed by him and attested by one witness, and

• (b) delivered to the regional returning officer at the place or a place for delivery of individual or party nomination papers.

• (3) Where a candidate is outside the United Kingdom, a notice of withdrawal signed by a person and accompanied—

• (a) by a written declaration also so signed of the candidate’s absence from the United Kingdom, and

• (b) by a written statement signed by the candidate that the person giving the notice is authorised to do so on the candidate’s behalf during his absence from the United Kingdom,

shall be of the same effect as a notice of withdrawal signed by the candidate.

• (4) At a regional election a registered political party may withdraw the candidature of any or all of a group of party list candidates for the party by notice of withdrawal—

• (a) signed by the party’s registered nominating officer, and

• (b) delivered to the regional returning officer at the place or a place for the delivery of individual or party nomination papers.

Constituency election: publication of statement of persons nominated

16

• (1) At a constituency election the constituency returning officer shall prepare and publish a statement showing the persons who have been and stand nominated and any other persons who have been nominated, with the reason why they no longer stand nominated.

• (2) The statement shall show the names, addresses and descriptions of the persons nominated as given in their individual nomination papers.

• (3) The statement shall show the persons standing nominated arranged alphabetically in the order of their surnames and, if there are two or more of them with the same surname, of their other names.

• (4) In the case of a person nominated by more than one individual nomination paper, the constituency returning officer shall take the particulars required by the foregoing provisions of this paragraph from such one of the papers as the candidate (or the returning officer in default of the candidate) may select.

Regional election: publication of statement of persons nominated and registered political parties which have submitted a party list

17

• (1) At a regional election the regional returning officer shall prepare a statement showing—

• (a) the persons who have been and stand nominated as individual candidates and any other persons who have been so nominated, with the reason why they no longer stand nominated, and

• (b) the registered political parties which have submitted a party list and, in respect of such parties, the persons who have been and stand nominated and any other persons who have been nominated with the reason why they are no longer nominated,

and he shall deliver, or cause to be delivered the statement to each constituency returning officer for an Assembly constituency in the Assembly electoral region.

• (2) On receipt of a statement under sub-paragraph (1) a constituency returning officer shall publish it.

• (3) The statement shall show—

• (a) in respect of individual candidates, the names, addresses and descriptions of the persons nominated as given in their individual nomination papers, and

• (b) in respect of the registered political parties who have submitted a party list, the names of those parties together with, in respect each such party—

• (i) the description referred to in paragraph 7(2), and

• (ii) the names and addresses of the persons nominated as given in their party nomination papers.

• (4) The statement shall show—

• (a) the individual candidates standing nominated arranged together alphabetically, and

• (b) the registered political parties which have submitted a party list arranged together alphabetically together with (in respect of each such party) the candidates standing nominated arranged in the order that they appear on the party list.

• (5) The arrangement of registered political parties referred to in sub-paragraph (4)(b) is to be shown in the statement before the arrangement of individual candidates referred to in sub-paragraph (4)(a) is so shown.

• (6) For the purposes of sub-paragraph (4)(a) alphabetical order is to be determined by reference to the surnames of the individual candidates and, if there are two or more of them with the same surname, of their other names.

• (7) For the purposes of sub-paragraph (4)(b)—

• (a) a registered political party is to be shown in the statement by reference to the description referred to in paragraph 7(2) in respect of the party, and

• (b) alphabetical order is to be determined by disregarding the definite or indefinite article and, where there are two or more words in the description (having disregarded the definite or indefinite article), by reference to the first of those words and, if there are two or more parties with the same first word in the description, of the other words in the description.

• (8) In the case of a person nominated by more than one individual nomination paper, the regional returning officer shall take the particulars required by the foregoing provisions of this paragraph from such one of the papers as the candidate (or the returning officer in default of the candidate) may select.

• (9) In the case of a registered political party which has delivered more than one party nomination paper (and where candidates stand nominated by more than one of those papers), the regional returning officer shall take the particulars required by the foregoing provisions of this paragraph from such one of the papers as the registered nominating officer of the party may select; and if any candidate is shown standing nominated by a paper not so selected but is not so shown in the selected paper he shall no longer stand nominated.

• (10) Other than in paragraph 18 the statement required by this paragraph is referred to in this Order as a statement of persons nominated.

Disqualification by Representation of the People Act 1981

18

• (1) In relation to an Assembly election, if it appears to the appropriate returning officer that any of the persons nominated might be disqualified by the Representation of the People Act 1981 (as applied by the 1998 Act) he shall, as soon as practicable after the expiry of the time allowed for the delivery of—

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

• (b) individual or party nomination papers, in the case of a regional election,

prepare and publish a draft of the statement required by paragraph 16 or 17.

• (2) The draft shall be headed—

• (a) in the case of a constituency election—

Draft statement of persons nominated Datganiad drafft o'r personau a enwebwyd, or

• (b) in the case of a regional election—

Draft statement of persons nominated and registered political parties which have submitted a party list Datganiad drafft o'r personau a enwebwyd a'r pleidiau gwleidyddol cofrestredig sydd wedi cyflwyno rhestr blaid,

Adjournment of nomination proceedings in the case of riot

19

• (1) Where, at an Assembly election, the proceedings for, or in connection with, nomination are on any day interrupted or obstructed by riot or open violence—

• (a) the proceedings shall be abandoned for that day, and

• (b) if that day is the last day for the delivery of—

• (i) nomination papers, in the case of a constituency election, or

• (ii) individual or party nomination papers, in the case of a regional election,

the proceedings shall be continued on the next day as if that were the last day of such delivery, and that day shall be treated for the purposes of this Schedule as being the last day for such delivery (subject to any further application of this paragraph in the event of interruption or obstruction on that day).

• (2) Where proceedings are abandoned by virtue of this paragraph nothing—

• (a) may be done after they are continued if the time for doing it had passed at the time of the abandonment, or

• (b) done before the abandonment shall be invalidated by reason of the abandonment.

Method of election at a constituency election

20

At a constituency election—

• (a) if the statement of persons nominated shows more than one person standing nominated, a poll shall be taken in accordance with Part III of this Schedule, or

• (b) if the statement of persons nominated shows only one person standing nominated, that person shall be declared to be elected in accordance with Part IV of this Schedule.

Method of election at a regional election

21

• (1) If the statement of persons standing nominated at a regional election shows more persons standing nominated than the number of seats for that Assembly electoral region—

• (a) a poll shall be taken in accordance with Part III of this Schedule, or

• (b) where each person is included on the same party list (subject to sub-paragraph (4) in the case of an ordinary election), those persons shall be declared to be elected in accordance with Part IV of this Schedule in the order that they are included on that list (starting with the highest) up to the number of seats for the Assembly electoral region.

• (2) But if the statement of persons standing nominated shows the same number of persons standing nominated as, or fewer such persons than, the number of seats for the Assembly electoral region (subject to sub-paragraph (4) in the case of an ordinary election), those persons standing nominated shall be declared to be elected in accordance with Part IV of this Schedule.

• (3) Sub-paragraph (1)(b) or, as the case may be, (2) shall also apply where notice of poll at a regional election is countermanded or the poll is abandoned under paragraph 65(5) (election becomes uncontested through death of candidate).

• (4) No person at an ordinary election shall be declared to be elected in the circumstances described in sub-paragraph (1)(b) or (2) until the regional returning officer has—

• (a) received from each constituency returning officer for an Assembly constituency in the Assembly electoral region the notification required by paragraph 57(3) (unless in any case a poll at a constituency election has been postponed under paragraph 65(1)), and

• (b) disregarded any party list candidate who has been returned as a member for an Assembly constituency in the Assembly electoral region.

PART III — CONTESTED ELECTIONS

General Provisions

Poll to be taken by ballot

22

• (1) At a constituency election the votes at the poll shall be given by ballot and the result shall be ascertained, after counting the votes given to each candidate, in accordance with section 4(4) of the 1998 Act; and the candidate to whom the majority of votes has been given shall be declared to have been elected.

• (2) At a regional election the votes at the poll shall be given by ballot and the results shall be ascertained, after counting the votes given to each individual candidate or registered political party, in accordance with sections 4(5) and (6) and 5 to 7 of the 1998 Act; and the candidates who, in accordance with those provisions, are returned as Assembly members shall be declared to have been elected.

The ballot paper at a constituency election

23

• (1) At a constituency election, the ballot of every voter shall consist of a ballot paper.

• (2) The persons shown in the statement of persons nominated as standing nominated, and no others, shall be entitled to have their names inserted in the ballot paper.

• (3) Every ballot paper shall be in the form in the Appendix, and shall be printed in accordance with the directions in that Appendix and—

• (a) shall contain the names and other particulars of the candidates shown in the statement of persons nominated,

• (b) shall be capable of being folded up,

• (c) shall have a number printed on the back, and

• (d) shall have attached a counterfoil with the same number printed on it.

• (4) The order of the names in the ballot paper shall be the same as in the statement of persons nominated.

• (5) If a certificate received by the constituency returning officer under paragraph 5(1) has requested that the registered political party’s registered emblem (or, as the case may be, one of the party’s registered emblems) is to be shown on the ballot paper against the candidate’s particulars, the ballot paper shall contain that emblem in that way.

The ballot paper at a regional election

24

• (1) At a regional election, the ballot of every voter shall consist of a ballot paper.

• (2) The following, namely—

• (a) persons shown in the statement of persons nominated as standing nominated (whether as individual or party list candidates), and no others, shall be entitled to have their names, and

• (b) the registered political parties which have submitted a party list shown in the statement of persons nominated, and no others, shall be entitled to have their descriptions referred to in paragraph 7(2),

inserted in the ballot paper.

• (3) Every ballot paper shall be in the form in the Appendix, and shall be printed in accordance with the directions in that Appendix, and—

• (a) shall contain the names and descriptions of the individual candidates shown in the statement of persons nominated,

• (b) shall contain the descriptions of the registered political parties referred to in sub-paragraph (2)(b) together with the names of the candidates included on those parties' lists,

• (c) shall be capable of being folded up,

• (d) shall have a number printed on the back (together with a mark or other distinguishing feature by which the Assembly constituency can be identified in which the vote is to be given in relation to the ballot paper), and

• (e) shall have attached a counterfoil with the same number printed on it.

• (4) The order—

• (a) of names of the individual candidates, and

• (b) of the descriptions referred to in sub-paragraph (2)(b) (together with, in respect of each such description of a registered political party, the names of the party list candidates),

in the ballot paper shall be the same order as in the statement of persons nominated.

• (5) If a certificate received by the regional returning officer under paragraph 8(1) has requested that the registered political party’s registered emblem (or, as the case may be, one of the party’s registered emblems) is to be shown on the ballot paper against the party’s description, the ballot paper shall contain that emblem in that way.

Colour of ballot papers at an ordinary election

25

Where at an ordinary election, a voter is entitled to give two votes, the ballot paper for each vote shall be of a different colour.

The official mark

26

• (1) At an Assembly election every ballot paper shall be marked with an official mark, which shall perforate the ballot paper.

• (2) The official mark shall be kept secret, and an interval of not less than seven years shall intervene between the use of the same official mark—

• (a) at elections for the same Assembly constituency, or

• (b) in relation to the same Assembly constituency, at elections in the same Assembly electoral region.

• (3) At—

• (a) a constituency election, or

• (b) a regional election, in relation to an Assembly constituency within the Assembly electoral region,

the official mark used for ballot papers issued for the purpose of voting by post shall not be used at the same election for ballot papers issued for the purpose of voting in person.

• (4) At a regional election a different official mark may be used in Assembly constituencies in an Assembly electoral region (but only one such mark may be used in an Assembly constituency at a regional election).

• (5) At an ordinary election the same official mark may be used at a constituency election and a regional election (in relation to regional votes given in the same Assembly constituency).

Prohibition of disclosure of vote

27

No person who has voted at an Assembly election shall, in any legal proceeding to question the election or return, be required to state how he voted.

Use of schools and public rooms

28

• (1) At an Assembly election the constituency returning officer may use, free of charge, for the purpose of taking the poll—

• (a) a room in a school to which this paragraph applies, or

• (b) a room the expense of maintaining which is payable wholly or mainly out of public funds.

• (2) This paragraph applies to a school maintained or assisted by a local education authority, or a school in respect of which grants are made out of money provided by the Assembly or by Parliament to the person or body of persons responsible for the management of the school.

• (3) The constituency returning officer shall make good any damage done to, and defray any expense incurred by the persons having control over, any such room as mentioned above by reason of its being used for the purpose of taking the poll.

• (4) Sub-paragraph (2) shall have effect as if it included a reference to a grant-maintained school.

action to be taken before the poll

Notice of poll

29

• (1) At an Assembly election, the appropriate returning officer shall in the statement of persons nominated include a notice of the poll, stating the day on which and the hours during which the poll will be taken.

• (2) In the case of a constituency election, the constituency returning officer shall also prepare and publish a notice (which may be combined with the statement of persons nominated) setting out—

• (a) the situation of each polling station, and

• (b) the description of voters entitled to vote there,

and he shall as soon as practicable after giving such notice give a copy of it to each of the election agents.

• (3) In the case of a regional election, the constituency returning officer for each Assembly constituency in the Assembly electoral region shall prepare and publish a notice (which may be combined with the statement of persons nominated) setting out—

• (a) the situation of each polling station in the Assembly constituency for which he is returning officer, and

• (b) the description of voters entitled to vote there,

and he shall as soon as practicable after publishing such notice—

• (i) give a copy of it to each of the election agents, and

• (ii) deliver, or cause to be delivered, a copy of it to the regional returning officer.

• (4) At an ordinary election the notice prepared by a constituency returning officer under sub-paragraphs (2) and (3) may be combined.

Postal ballot papers

30

• (1) Subject to sub-paragraph (2), at an Assembly election the constituency returning officer shall as soon as practicable send to those entitled to vote by post, at the address shown in the absent voters list or the list kept under article 12(9) (list of postal proxies), a ballot paper and a declaration of identity in the appropriate form set out in the Appendix to Schedule 3, together with an envelope for their return.

• (2) In the case of a person who at an ordinary election is entitled to give two votes by post the provisions of sub-paragraph (1) shall apply save that “a ballot paper” shall be construed as a reference to both ballot papers.

Provision of polling stations

31

• (1) At an Assembly election the constituency returning officer shall provide a sufficient number of polling stations and, subject to the following provisions of this paragraph, shall allot the electors to the polling stations in such manner as he thinks most convenient.

• (2) One or more polling stations may be provided in the same room.

• (3) The polling station allotted to electors from any polling district shall be in the polling place for that district.

• (4) The constituency returning officer shall provide each polling station with such number of compartments as may be necessary for an Assembly election in which the voters can mark their votes screened from observation.

Appointment of presiding officers and clerks

32

• (1) At an Assembly election the constituency returning officer shall appoint and pay a presiding officer to attend at each polling station and such clerks as may be necessary for the purposes of the election, but he shall not appoint any person who has been employed—

• (a) by, or on behalf of, an individual or party list candidate, or

• (b) by a registered political party,

in or about the election.

• (2) At a regional election the regional returning officer shall appoint and pay such clerks as may be necessary for the purposes of the election, but he shall not appoint any person who has been employed in the circumstances described in sub-paragraph (1)(a) or (b).

• (3) The constituency returning officer may, if he thinks fit, preside at a polling station and the provisions of this Schedule relating to a presiding officer shall apply to a constituency returning officer so presiding with the necessary modifications as to things to be done by the constituency returning officer to the presiding officer or by the presiding officer to the constituency returning officer.

• (4) A presiding officer may do, by the clerks appointed to assist him, any act (including the asking of questions) which he is required or authorised by this Schedule to do at a polling station except order the arrest, exclusion or removal of any person from the polling station.

Issue of official poll cards

33

• (1) At—

• (a) an ordinary election where an elector is entitled to give two votes, or

• (b) an Assembly election (other than one at an ordinary election where paragraph (a) applies),

the constituency returning officer shall as soon as practicable send to electors and their proxies an official poll card, but a card need not be sent to any person—

• (i) as an elector if he is placed on the absent voters list for the ordinary or Assembly election, or

• (ii) as a proxy if he is entitled to vote by post as proxy at such election.

• (2) An elector’s official poll card shall be sent or be delivered to his qualifying address, and a proxy’s to his address as shown in the list of proxies.

• (3) The official poll card shall set out—

• (a) the name of the Assembly constituency or electoral region for which the election is to be held, or, in the case of an ordinary election where there are contested elections for an Assembly constituency and electoral region, both such areas,

• (b) the elector’s name, qualifying address and number on the register,

• (c) the date and hours of the poll and the situation of the elector’s polling station, and

• (d) such other information, not relating to any candidate or registered political party, as the constituency returning officer considers appropriate.

• (4) At an ordinary election where an elector is entitled to give two votes, the official poll card issued to an elector shall be in the form set out in English and Welsh in the Appendix.

• (5) At an Assembly election where sub-paragraph (4) does not apply, the official poll card issued to an elector shall be in the form set out in English and Welsh in the Appendix.

• (6) At an ordinary election where an elector is entitled to give two votes, the official poll card issued to the proxy of an elector shall be in the form set out in English and Welsh in the Appendix.

• (7) At an Assembly election where sub-paragraph (6) does not apply, the official poll card issued to the proxy of an elector shall be in the form set out in English and Welsh in the Appendix.

• (8) In this paragraph—

• “elector” means a person— who is registered as a local government elector— in relation to a constituency election, in the Assembly constituency in a register to be used at the election, or in relation to a regional election, in the Assembly electoral region in a register to be used at the election, or who, pending the publication of a register mentioned in paragraph (a)(i) or (ii), appears from the electors lists for that register as corrected by the registration officer to be entitled to be so registered, and accordingly includes a person shown in the register or electors lists as below voting age if it appears from it that he will be of voting age on the day fixed for the poll, but not otherwise, and

• “electoral number” means— a person’s number in that register, or pending the publication of the register, his number (if any) in the electors lists for that register.

Equipment of polling stations

34

• (1) At an Assembly election the constituency returning officer shall provide each presiding officer with such number of ballot boxes and ballot papers as in the constituency returning officer’s opinion may be necessary.