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

• (6) If at a contested regional election proof is given to the regional returning officer’s satisfaction before the results of the election are declared that one of the persons named or to be named as a candidate on the ballot paper (whether as an individual or party list candidate) has died, but as a result of that death the election continues to remain contested, the notice of poll shall not be countermanded nor shall the poll be abandoned; and in the event of such a death it shall have no effect upon the validity of the election and return of any candidate at the regional election.

• (7) But where sub-paragraph (6) applies, the regional returning officer shall take such steps as he considers reasonable to publicise in the Assembly electoral region for which the election is held—

• (a) the name of that candidate and the fact of his death,

• (b) whether that candidate was an individual or party list candidate, and

• (c) if he was a party list candidate, the name of the registered political party for which that person was such a candidate,

and the regional returning officer shall, in particular, consider whether he should publicise as required by this sub-paragraph by causing notices to be placed outside polling stations.

• (8) Subject to sub-paragraph (9), where a poll is abandoned by reason of a candidate’s death the proceedings at or consequent on that poll shall be interrupted, and the presiding officer at any polling station shall take the like steps (so far as not already taken) for the delivery to the constituency returning officer of ballot boxes and of ballot papers and other documents as he is required to take on the close of the poll in due course, and the constituency returning officer shall dispose of ballot papers and other documents in his possession 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 to be prepared or verified, and

• (b) the constituency returning officer, shall take no step or further step for the counting of the ballot papers or of the votes and shall seal up all the 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.

• (9) Where at an ordinary election a voter is entitled to give two votes at a polling station but the poll in respect of which the voter is entitled to give one of those votes is abandoned as a result of a candidate’s death—

• (a) the steps required to be taken by the presiding officer at such a polling station by sub-paragraph (8) shall take place on the close of the poll, and

• (b) sub-paragraph (8) shall have effect as if after “the constituency returning officer,” in paragraph (b) there was inserted “having separated the ballot papers relating to the other Assembly election,”.

• (10) The provisions of this Schedule as to the inspection, production, retention and destruction of ballot papers and other documents relating to a poll at an election apply to any such documents relating to a poll abandoned by reason of a candidate’s death, with the following modifications—

• (a) ballot papers on which the votes were neither counted nor rejected shall be treated as counted ballot papers, and

• (b) no order shall be made for the production or inspection of any ballot papers or for the opening of a sealed packet of counterfoils or certificates as to employment on duty on the day of the poll unless the order is made by a court with reference to a prosecution.

PART VII — miscellaneous

Vacancies: Assembly constituency seats

66

• (1) Where the date of the poll to fill a vacant seat for an Assembly constituency is fixed by the presiding officer of the Assembly under section 8 of the 1998 Act, he shall forthwith send a notice to the returning officer for the Assembly constituency stating—

• (a) that the vacancy exists, and

• (b) the date fixed for the poll to fill that vacancy.

Vacancies: return of electoral region members

67

• (1) Other than where article 107 applies, where it comes to the notice of the presiding officer of the Assembly that the seat of an Assembly member returned from a party list for an Assembly electoral region is vacant, he shall forthwith send a notice in accordance with sub-paragraph (2) to the returning officer for the Assembly electoral region.

• (2) A notice under sub-paragraph (1) shall—

• (a) state that a vacancy exists, and

• (b) set out the name of the person who had been returned to fill that seat, together with the name of the registered political party on whose list he was included.

• (3) Where a regional returning officer receives a notice under sub-paragraph (1), he shall ascertain from the list submitted at the previous ordinary election by the registered political party named in the notice the name and address of the person whose name appears highest on that list (“the prospective member”).

• (4) The regional returning officer shall take such steps as appear to him to be reasonable—

• (a) to contact the prospective member to ask whether he will state that he is willing to serve as an Assembly member for the Assembly electoral region, and

• (b) to contact the registered nominating officer of the registered political party on whose list that person is included and notify that officer of the action he is taking under paragraph (a).

• (5) Where—

• (a) within such period as the regional returning officer considers reasonable—

• (i) he decides that the steps he has taken to contact the prospective member have been unsuccessful, or

• (ii) he has not received from the prospective member a statement that he is willing to serve as an Assembly member for the Assembly electoral region,

• (b) the prospective member has stated he is not willing to so serve as an Assembly member, or

• (c) the regional returning officer—

• (i) is satisfied that the prospective member is not a member of the registered political party on whose list he is included, and

• (ii) receives notice from that party under section 9(4)(b) of the 1998 Act (the prospective member’s name is not to be notified to the presiding officer of the Assembly as the name of the person who is to fill the vacancy),

the prospective member shall be treated as ceasing to be included on that list.

• (6) Where a person is so treated, the regional returning officer shall repeat the procedure required by sub-paragraph (4) in respect of the person (if any) whose name and address appears next highest on that list: and sub-paragraph (5) and this sub-paragraph shall also apply with respect to that person.

• (7) The regional returning officer shall continue to repeat the procedure until the seat is filled or the names on that list are exhausted.

• (8) Subject to sub-paragraph (5)(c), where a prospective member states in writing in response to the question from the regional returning officer under sub-paragraph (4)(a) (including that sub-paragraph as applied by sub-paragraph (6)) that he is willing to serve as an Assembly member for the Assembly electoral region, the regional returning officer shall forthwith declare that person to be returned as a member for the Assembly electoral region; but the date (in accordance with section 9(6) of the 1998 Act) on which he shall be treated as declared to be returned shall be the day on which notification of his name is received by the presiding officer of the Assembly under section 9(2) of the 1998 Act.

• (9) The regional returning officer shall forthwith give public notice of the name—

• (a) of the member declared to be returned, and

• (b) of the registered political party for which such a member was a party list candidate.

• (10) The regional returning officer (as well as notifying to the presiding officer of the Assembly the name of the person who is to fill that vacancy under section 9(2) of the 1998 Act) shall also forthwith return the names referred to in sub-paragraph (9) by—

• (a) completing a certificate in the form set out in English and Welsh in the Appendix, and

• (b) delivering it, or causing it to be delivered, to the Assembly.

• (11) Where following the application of this paragraph the seat continues to be vacant the regional returning officer shall forthwith—

• (a) give public notice that the vacancy cannot be filled and that the seat (in accordance with section 9(7)(b) of the 1998 Act) is to remain vacant until the next ordinary election,

• (b) complete a certificate in the form set out in English and Welsh in the Appendix, and

• (c) deliver it, or cause it to be delivered, to the Assembly.

Return of Assembly members and record of returns etc.

68

• (1) The Assembly shall on receipt of a certificate delivered under paragraphs 57(4), 59(4) or, 67(10) or 67(11) enter the information contained in the certificate in a book kept for that purpose at the Assembly (in this paragraph referred to as ‘the returns book’).

• (2) Where the presiding officer of the Assembly sends a notice under paragraph 66 or 67(1), he shall record in the returns book the fact of the vacancy in the Assembly constituency or electoral region concerned.

• (3) Where the presiding officer of the Assembly concludes that an election to fill a casual vacancy in an Assembly constituency shall not be held because section 8(6) of the 1998 Act applies (date of poll not to be within three months preceeding an ordinary election), he shall—

• (a) record in the returns book the fact of the vacancy in the Assembly constituency concerned, and

• (b) that no election shall be held to fill the vacancy because section 8(6) of that Act applies.

• (4) Where it comes to the notice of the presiding officer of the Assembly that—

• (a) the seat of an Assembly member returned for an Assembly electoral region is vacant, and

• (b) the person was returned as an individual candidate,

he shall record—

• (i) in the returns book the fact of that vacancy in the Assembly electoral region concerned, and

• (ii) that the seat (in accordance with section 9(7)(a) of the 1998 Act) is to remain vacant until the next ordinary election.

• (5) The returns book shall be open to public inspection at reasonable times and any person may, on payment of a reasonable fee, obtain copies from the book.

• (6) In relation to the first ordinary election, those certificates which by virtue of paragraphs 57(4) and 59(4) are required to be delivered to the Secretary of State shall be forwarded by him to the Assembly as soon as reasonably practicable; and on receipt of those certificates sub-paragraph (1) shall apply as if they had been delivered by, or caused to be delivered by, a constituency or regional returning officer (as the case may be) to the Assembly.

Registered political parties

69

References in this Schedule to a registered political party are references to a party registered under the Registration of Political Parties Act 1998⁵³ at the time by which notice of election is required to be published in accordance with the Table in paragraph 1(1).

Party’s registered nominating officer: discharge of functions

70

• (1) A registered nominating officer for a registered political party may, in writing, appoint one or more persons to discharge all or any of his functions conferred or imposed by this Schedule.

• (2) Where an appointment is made under sub-paragraph (1), a copy of the document which records the writing required by that sub-paragraph shall be delivered—

• (a) to the constituency returning officer, in the case of a constituency election,

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

• (c) to each constituency returning officer for an Assembly constituency in the Assembly electoral region, in the case of a regional election.

• (3) Where a returning officer does not receive a copy of the document required to be delivered to him under sub-paragraph (2), he shall be entitled to treat any function of the registered nominating officer purportedly exercised (or to be exercised) on his behalf by another person as not so exercised (or exercisable).

SCHEDULE 6 — RETURNS AND DECLARATIONS AS TO ELECTION EXPENSES

Form of return referred to in article 42(4)

Form of declaration referred to in article 42(4)

Form of return referred to in article 45(2)

Form of declaration referred to in article 45(2)

Form of return referred to in article 54(1)

Form of return referred to in article 55(1)

Form of declarations referred to in article 56(1), (2) and (5)

Form of declaration referred to in article 57(1)

Form of declarations referred to in article 57(2)

SCHEDULE 7 — USE FOR ASSEMBLY ELECTION MEETINGS OF ROOMS IN SCHOOL PREMISES AND OF MEETING ROOMS

Use of rooms in school premises

1

• (1) Any arrangements for the use of a room in school premises shall be made with the local education authority maintaining the school or, in the case of a room in the premises of a foundation or voluntary aided school, with the governing body of the school.

• (2) Any question—

• (a) as to the rooms in school premises which a candidate in any Assembly constituency or electoral region is entitled to use,

• (b) as to the times at which he is entitled to use them, or

• (c) as to the notice which is reasonable,

shall be determined by the Secretary of State.

• (3) In sub-paragraph (1) the reference to a foundation or voluntary aided school includes a reference to a grant maintained school.

Lists of rooms in school premises

2

• (1) Every local education authority shall prepare and revise for its area lists of the rooms in school premises which candidates in any Assembly constituency or electoral region at an election for that constituency or electoral region are entitled to use.

• (2) In relation to an Assembly constituency, the list shall include the rooms in premises within any of the authority’s area outside, as well as those in premises in, the constituency.

Lists of meeting rooms

3

• (1) Each county and county borough council shall prepare and revise for its area a list of the meeting rooms which candidates in any Assembly constituency or electoral region at an election for that Assembly constituency or electoral region are entitled to use.

• (2) The list shall indicate the person to whom applications for the use of such a room are to be made in each case.

• (3) The list shall not include any room if the person maintaining it disputes the right of candidates in the Assembly constituency or electoral region to use it.

Lists to be kept by registration officer etc.

4

The lists of rooms in school premises and of meeting rooms prepared for each Assembly constituency and electoral region shall be kept by the registration officer, and those lists and particulars of any change made on their revision shall (where necessary) be forwarded to him accordingly.

Inspection etc. of lists

5

In the event of notice of election being published in accordance with the Table in paragraph 1(1) of Schedule 5 any person stating himself to be, or to be authorised by—

• (a) an individual candidate or his election agent, or

• (b) a party list candidate or the election agent for a group of party list candidates,

shall be entitled at all reasonable hours to inspect those lists or a copy of them.

SCHEDULE 8 — MODIFICATION OF ELECTION PETITION RULES 1960

Assembly election petition: modification of the Election Petition Rules 1960

1

In relation to an Assembly election petition the Election Petition Rules 1960⁵⁴ (“the 1960 Rules”) shall have effect subject to the modifications set down below.

Rule 2(2) of the 1960 Rules (definitions)

2

In rule 2(2) of the 1960 Rules⁵⁵, the following definitions shall be modified in the 1960 Rules—

• (a) “the Act” shall be construed as meaning this Order (except in rule 2(3) and where the reference is in relation to a local election petition); and a reference to a provision in the Act in the 1960 Rules shall be construed as a reference to the corresponding provision in this Order,

• (b) “petition” shall be construed as meaning an Assembly election petition (within the meaning of article 92(1)), and

• (c) “constituency” shall be construed as meaning—

• (i) in the case of a petition relating to a constituency election, the Assembly constituency to which the petition relates,

• (ii) in the case of a petition relating to a regional election, to the Assembly electoral region to which the petition relates, and

• (iii) in the case of a petition relating to a return under section 9 of the 1998 Act, to the Assembly electoral region to which the petition relates.

Rule 2(3) of the 1960 Rules (prescribed officer)

3

In rule 2(3) of the 1960 Rules⁵⁶, “elections under the local government Act” shall be construed as “elections to the National Assembly for Wales”.

Rule 4(1) of the 1960 Rules (form of petition)

4

• (1) In rule 4(1)(b) of the 1960 Rules—

• (a) “in the case of a parliamentary election” shall be disregarded,

• (b) “the Clerk of the Crown” shall be construed as “the National Assembly for Wales in accordance with Schedule 5 to the National Assembly for Wales (Representation of the People) Order 1999”, and

• (c) in the case of a regional election, “result”, “return was” and “member” shall be construed as “results”, “returns were” and “members” respectively.

• (2) After rule 4(1)(b) of the 1960 Rules, it shall be construed as if there was inserted—

(ba) in the case of a petition relating to a return under section 9 of the Government of Wales Act 1998, the date under section 9(6) of that Act on which the person was treated as declared to be returned as an Assembly member;.

Rule 9(3) of the 1960 Rules (display etc. of notice of time and place of trial)

5

In rule 9(3) of the 1960 Rules⁵⁷, “a parliamentary election petition” shall be construed as “an Assembly election petition”.

Rule 10(1) of the 1960 Rules (identifying votes at issue)

6

In rule 10(1) of the 1960 Rules, in the case of a petition relating to a regional election, “he had a majority of lawful votes,” shall be construed as “he or the registered political party for which he was a candidate had a higher electoral region figure (within the meaning of section 6(3) of the Government of Wales Act 1998) than another candidate or registered political party,”.

References to “election” in the 1960 Rules

7

In rule 10(2) and (4)(b), 12(3), 14(2) and 16(3) of the 1960 Rules⁵⁸, “election” shall be construed as including “return” and in rule 10(2) “elected” shall be construed as including “returned”.

Form of election petition in the 1960 Rules

8

In the form of election petition in the Schedule to the 1960 Rules⁵⁹—

• (a) for the words after “Queen’s Bench Division” to before “The Petition of A.B. of”, there shall be substituted—

In the Matter of the Government of Wales Act 1998 and the National Assembly for Wales (Representation of the People) Order 1999. And in the Matter of an Assembly election for [state place] held on day of . [And in the Matter of a return of an Assembly member under section 9 of the Government of Wales Act 1998 for the electoral region],

• (b) for paragraphs 1 and 2, there shall be substituted—

(1) That the Petitioner A.B. is a person who voted [or had a right to vote] at the above election [or was a candidate at the above election] [or claims to have had a right to be elected or returned at the above election] [or, in the case of a return under section 9 of the Government of Wales Act 1998, claims to have had a right to be returned under section 9 of the Government of Wales Act 1998] and the Petitioner C.D. [state similarly the capacity in which he presents the petition]. (2) That the election was held on the day of when [in the case of an election for an Assembly constituency, [insert names] were candidates] [in the case of a regional election, [insert names] were individual candidates and there were candidates for [insert names of registered political parties which submitted a party list]; the names of those candidates in respect of each such party are set down below.], The returning officer returned [insert names of candidates] to the National Assembly for Wales as being duly elected. (2) That on the day of [insert name] was treated as having been declared to be returned as an Assembly member for the above named Assembly electoral region under section 9(6) of the Government of Wales Act 1998.] [At an election for an Assembly electoral region the names of the candidates included on a list of a registered political party (together with the name of the party for which they were candidates) are to be set out in respect of each such party.],

• (c) in paragraph 4, for “section 122(2) or (3) or section 129(2), (3) or (4) of the above Act” there shall be substituted “article 94(2) or (3) of the above Order”, and

• (d) for paragraph (1) of the prayer, there shall be substituted—

(1) That it may be determined that the said [insert name] was not duly elected [or returned] and that the election was void [or that the said [insert name] was duly elected and ought to have been returned] [or that [insert name] ought to have been returned under section 9 of the Government of Wales Act 1998] [or as the case may be].

Signed

Alun Michael — Secretary of State for Wales — 10th March 1999

Explanatory note

(This note is not part of the Order)

The National Assembly for Wales (“the Assembly”) is established by the Government of Wales Act 1998 and this Order makes provision as to the conduct of elections and return of members to the Assembly. The Order makes other related provision e.g. with respect to the questioning of Assembly elections.

Part I of the Order makes general provision relating to the Order.

Part II of the Order makes provision in connection with the Assembly franchise and its exercise.

Part III of the Order makes provision in connection with election campaigns at Assembly elections.

Part IV of the Order makes provision in connection with legal proceedings and, in particular, election petitions.

Part V of the Order makes miscellaneous and supplemental provision in connection with Assembly elections.

Schedule 1 to the Order makes provision in connection with electors list and registers.

Schedule 2 to the Order makes provision in connection with absent voting at Assembly elections.

Schedule 3 to the Order makes provision in connection with the issue and receipt of postal ballot papers at Assembly elections.

Schedule 4 to the Order makes provision in connection with the combination of polls at Assembly and local government elections.

Schedule 5 to the Order makes provision in connection with the conduct of Assembly elections and the return of Assembly members.

Schedule 6 to the Order sets out forms relating to returns and declarations as to election expenses in respect of Assembly elections.

Schedule 7 to the Order makes provision in connection with the use for Assembly election meetings of rooms in school premises and of meeting rooms.

Schedule 8 makes provision to modify the Election Petition Rules 1960 in connection with their application in relation to Assembly election petitions.

Footnotes