The National Assembly for Wales (Representation of the People) Order 2007

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Declaration of results at a regional election

64

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Return or forfeiture of deposit

65

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PART 5 — Disposal of documents

Sealing up of ballot papers

66

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Delivery of documents to relevant registration officer

67

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Order for production of documents

68

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Retention and public inspection of documents

69

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PART 6 — Death of candidate

Constituency election: death of independent candidate

70

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Constituency election: deceased independent candidate wins

71

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Constituency election: deceased independent candidate with equality of votes

72

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Constituency election: death of party candidate

73

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Regional election: effect of countermand or abandonment of constituency poll

74

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Regional election: death of candidate

75

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Abandoned poll

76

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PART 7 — Miscellaneous

Vacancies: Assembly constituency seats

77

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Vacancies: return of electoral region members

78

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Return of Assembly members and record of returns etc

79

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Registered political parties

80

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Party’s registered nominating officer: discharge of functions

81

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SCHEDULE 6 — Control of donations to candidates

PART 1 — General

Interpretation

1

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Donations: general rules

2

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Sponsorship

3

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Payments etc. not to be regarded as donations

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Value of donations

5

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PART 2 — Controls on donations

Prohibition on accepting donations from impermissible donors

6

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Acceptance or return of donations

7

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Transfer of donations received by candidate to election agent

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Evasion of restrictions on donations

9

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PART 3 — Reporting of donations

Statement of relevant donations

10

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Donations from permissible donors

11

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Donations from impermissible donors

12

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SCHEDULE 7 — Election expenses

PART 1 — List of matters

1

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2

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3

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4

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5

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6

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PART 2 — General exclusions

7

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8

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9

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10

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11

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12

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13

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SCHEDULE 8 — Use for Assembly election meetings of rooms in school premises and of meeting rooms

Use of rooms in school premises

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Lists of rooms in school premises

2

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Lists of meeting rooms

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Lists to be kept by registration officer etc

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inspection etc. of lists

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 9 — Modification of Election Petition Rules 1960

Assembly election petition: modification of the Election Petition Rules 1960

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

4

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

5

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

6

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References to “election” in the 1960 Rules

7

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Form of election petition in the 1960 Rules

8

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References to the 1983 Act

9

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SCHEDULE 10 — Appendix of forms

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Form CA: Form of proxy paper

Form CB: Form of certificate of employment

Form CC1: Form of postal voting statement

Form CC2: Form of postal voting statement

Form CC3: Form of postal voting statement

Form CD: Statement as to postal ballot papers

Form CE: Form of nomination paper: constituency election

Form CF: Form of certificate referred to in rule 5(1)

Form CG: Form of certificate referred to in rule 5(3)

Form CH: Form of individual nomination paper: regional election

Form CI: Form of party nomination paper: regional election

Form CJ: Form of certificate referred to in rule 8(1)

Form CK — Form of Ballot paper: Constituency Election

Form CK1 — Directions as to printing the ballot paper: constituency election

Rule 24(3) of Schedule 5

1

Nothing is to be printed on the ballot paper except in accordance with these directions.

2

So far as practicable, the arrangements specified in paragraphs 3 to 12 must be observed in the printing of the ballot paper.

3

Nothing in paragraph 2 prohibits the front of the ballot paper containing more than one column of candidates’ particulars and boxes for marking the vote if the returning officer thinks it is appropriate for the ballot paper to be printed with more than one column, but in such a case each column must be separated by a double vertical rule.

4

Words printed on the ballot paper must be printed in a clear typeface and in characters of such a size that they are easily legible.

5

No word shall be printed on the front of the ballot paper except—

• (a) the words set out in the form of constituency ballot paper appearing in each block as described in paragraph 7;

• (b) the particulars of the candidates; and

• (c) words forming part of registered emblems.

6

No rule shall be printed on the front of the ballot paper except:

• (a) the horizontal rules framing the blocks;

• (b) the horizontal rules separating the particulars of the candidates from one another; and

• (c) the horizontal rule appearing beneath the candidate whose particulars appear last.

7

• (1) This paragraph makes provision in respect of that part of the ballot paper appearing between the two highest horizontal rules.

• (2) The group of English words to the left and the group of Welsh words to the right are each referred to in these directions as a block (and a block also includes the box and representation in that box of how a vote is to be marked).

• (3) The blocks may be reversed so that the block with the Welsh words is to the left and the block with the English words is to the right.

• (4) The following words in this block shall be printed in bold form—

• (a) “Ballot paper to elect the Assembly Member for the … constituency”, “Papur pleidleisio i ethol Aelod Cynulliad ar gyfer etholaeth…”

• (b) “Vote [X] once only”, “Pleidleisiwch [X] unwaith yn unig”.

• (5) Each component of the block that comprises paragraph 5(a) must be aligned horizontally in one language version with the other language version.

• (6) The lines of each box in a block are not to be regarded as rules for the purposes of these directions.

8

• (1) On the ballot paper the surname of each candidate shall in all cases be printed in large capitals and in bold form with the candidate’s first name following three spaces after and printed in ordinary type in the same font size, except that small capitals shall be used—

• (i) if his surname is the same as another candidate’s, for his other names; and

• (ii) if his other names are also the same as the other candidate’s, either for his home address or for his description unless each of them is the same as that of another candidate with the same surname and other names.

• (2) The candidate’s home address shall be printed in ordinary type, in a smaller font size and below the name as described in sub-paragraph (1).

• (3) The details of any registered political party the candidate is representing shall be printed in characters in bold form of the same font size and below the address as described in sub-paragraph (2).

9

Where a registered emblem is to be printed against a candidate’s particulars on the ballot paper—

• (a) it shall be printed between the candidate’s particulars and the box for marking the vote; and

• (b) its size as printed shall not exceed 2 centimetres square.

10

• (1) The boxes for marking the vote must appear on the right-hand edge of the ballot paper or, if paragraph 3 applies, on the right hand edge of each column.

• (2) Each box must be—

• (a) of the same size being 2cm square;

• (b) aligned horizontally.

• (3) The lines of each box for marking the vote are not to be regarded as rules for the purposes of these directions.

11

The space on the ballot paper between each horizontal rule and the next horizontal rule below it as described in paragraphs 6(b) and (c) shall be 2.5 centimetres.

Form CL — Form of Ballot paper: Regional Election

Form CL1 — Directions as to printing the ballot paper: regional election

Rule 25(3) of Schedule 5

1

Nothing is to be printed on the ballot paper except in accordance with these directions.

2

So far as practicable, the arrangements specified in paragraphs 3 to 12 must be observed in the printing of the ballot paper.

3

Nothing in paragraph 2 prohibits the front of the ballot paper containing more than one column of the particulars of individual candidates and of registered political parties and the boxes for marking the vote if the returning officer thinks it is appropriate for the ballot paper to be printed with more than one column, but in such a case each column must be separated by a double vertical rule.

4

Words printed on the ballot paper must be printed in a clear typeface and in characters of such size that they are easily legible.

5

No word shall be printed on the front of the ballot paper except—

• (a) the words set out in the form of regional ballot paper appearing in each block as described in paragraph 7;

• (b) descriptions of registered political parties

• (c) names and descriptions of individual candidates not representing a registered political party; and

• (d) words forming part of registered emblems.

6

No rule shall be printed on the front of the ballot paper except for—

• (a) the horizontal rules framing the blocks;

• (b) the horizontal rules separating the particulars of the parties and individual candidates from one another; and

• (c) the horizontal rule appearing beneath the party or individual candidate whose particulars appear last.

7

• (1) This paragraph makes provision in respect of that part of the ballot paper appearing between the two highest horizontal rules.

• (2) The group of English words to the left and the group of Welsh words to the right are each referred to in these directions as a block (and a block also includes the box and representation in that box of how a vote is to be marked).

• (3) The blocks may be reversed so that the block with the Welsh words is to the left and the block with the English words is to the right.

• (4) The following words in this block shall be printed in bold form—

• (a) “Ballot paper to elect the Assembly Members for the … region”, “Papur pleidleisio i ethol Aelodau Cynulliad ar gyfer rhanbarth …”;

• (b) “Vote [X] once only”, “Pleidleisiwch [X] unwaith yn unig”.

• (5) Each component of the block that comprises paragraph 5(a) must be aligned horizontally in one language version with the other language version.

• (6) The lines of each box in a block are not to be regarded as rules for the purposes of these directions.

8

The description of the registered political parties, and the name of any independent candidate must be printed in ordinary type in a font larger than the description “Independent”, in English and Welsh printed below the individual candidate’s name.

9

Where a registered emblem is to be printed against a registered political party’s description on the ballot paper—

• (a) it shall be printed between the party’s description and the box in which a vote may be marked; and

• (b) its size as printed shall not exceed 2 centimetres square.

10

• (1) The boxes for marking the vote must appear on the right-hand edge of the ballot paper or, if paragraph 3 applies, on the right hand edge of each column.

• (2) Each box must be—

• (a) of the same size being 2cm square;

• (b) aligned horizontally.

• (3) The lines of each box for marking a vote are not to be regarded as rules for the purposes of these directions.

11

The space on the ballot paper between each horizontal rule and the next horizontal rule below it as described in paragraphs 6(b) and (c) shall be 2.5 centimetres.

12

The number and other unique identifying mark may be printed close to each other on the back of the ballot paper.

Form CM: Form of corresponding number list

Form CN1: Elector’s form of poll card

Form CN2: Proxy’s form of poll card

Form CN3: Postal voter’s form of poll card

Form CN4: Postal proxy voter’s form of poll card

Form CO: Form of corresponding number list for use by presiding officers in polling stations

Form CP: Form of directions for the guidance of voters in voting

Form CQ: Form of declaration to be made by the companion of a voter with disabilities

Form CR: Form of certificate declaring candidate to be returned at a constituency election

Form CS: Form of certificate declaring candidates to be returned at a regional election

Form CT: Form of certificate: electoral region; seat to remain vacant until next Assembly general election

Form CU: Form of return: expenses incurred in support of a candidate

Form CV: Form of declaration: expenses incurred in support of a candidate

Form CW: Return of candidate’s election expenses

Form CX: Form of declaration by constituency or individual candidate as to election expenses

Form CY: Form of declaration by party list candidates as to election expenses

Signed

Peter Hain — Secretary of State for Wales — 31st January 2007

Explanatory note

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Footnotes

[^f00001]: 1998 c. 38. By virtue of Schedule 12 to the Government of Wales Act 2006 (c. 32), as read with section 161 (1) of that Act, section 11 will be repealed immediately after the Assembly “general “ election in May 2007 . That election is held under Part 1 of the Government of Wales Act 1998 (c. 38 ),but is an election of members to the National Assembly for Wales constituted by the Act of 2006: see paragraph 2 of Schedule 11 to the Act of 2006 . Subsequent elections to that Assembly will be conducted in accordance with orders made under section 13 of the Act of 2006. However, by virtue of paragraph 8 of Schedule 11 to that Act of 2006 , any order made under section 11 of the Act of 1998 that is in force on the repeal of section 11 will thereafter have effect as if made under section 13 of the Act of 2006 ). See section 161(1) of the Government of Wales Act 2006 (c. 32) as to the prospective repeal of section 11 and paragraph 8 of Schedule 11 to that Act of 2006 as to the transitional provision in respect of any order under section 11 that is in force on the repeal of section 11.

[^f00002]: 2000 c. 41.

[^f00005]: 1983 c. 2.

[^f00006]: 1985 c. 50.

[^f00007]: 1998 c. 38.

[^f00008]: 2000 c. 2.

[^f00009]: S.I. 2001/341, amended by S.I. 2001/1700, 2002/1871, 2004/226, 2006/752 and 2006/2910.

[^f00010]: 2006 c. 32.

[^f00011]: Section 9B of the 1983 Act was inserted by section 10(1) of the Electoral Administration Act 2006 (c. 22).

[^f00012]: Paragraph 8A of Schedule 2 to the 1983 Act was inserted by paragraph 15(6) of Schedule 1 to the Electoral Administration Act 2006 (c. 22).

[^f00015]: 1978 c. 30

[^f00016]: Section 9 of the Representation of the People Act 1983 was substituted by paragraph 3 of Schedule 1 to the Representation of the People Act 2000 (c. 2) and amended by paragraph 4 of Schedule 1 and by Schedule 2 to the Electoral Administration Act 2006 (c. 22).

[^f00017]: 1971 c. 77.

[^f00018]: 2006 c. 22.

[^f00020]: Section 6 of the Government of Wales Act 2006 (c. 32).

[^f00022]: 2003 c. 44.

[^f00023]: Section 59 was amended by section 13(2) of the Electoral Administration Act 2006 (c. 22).

[^f00024]: 1946 c. 36. By virtue of section 1(1A) inserted into that Act of 1946 by paragraph 2 of Schedule 12 to the Government of Wales Act 1998, references in section 1(1) of that Act of 1946 to a Minister of the Crown are construed as including references to the National Assembly for Wales constituted by that Act of 1998 and by virtue of section 1(1A) of that Act of 1946 substituted by paragraph 2 of Schedule 10 to the Government of Wales Act 2006, references to a Minister of the Crown are construed as including references to the Welsh Ministers. see footnote to the definition of “the Assembly” in article 2(1) as to the vesting in the Welsh Ministers of the function of “the Assembly” under article 16(4).

[^f00025]: Subsection (1A) was added by Schedule 16 of the Local Government (Wales) Act 1994 (c. 19).

[^f00026]: see footnote to article 16(6) as to section 1 of the Statutory Instruments Act 1946.

[^f00027]: see footnote to the definition of “the Assembly” in article 2 as to the vesting in the Welsh Ministers of functions of “the Assembly” under article 23.

[^f00028]: see section 117 of the Government of Wales Act 2006 as to the meaning of the Welsh Consolidated Fund.

[^f00030]: 1972 c. 70

[^f00031]: See section 4(6) of the Representation of the People Act 1983. Section 4 was substituted by section 1(2) of the Representation of the People Act 2000 (c. 2).

[^f00032]: Section 24A of the Police and Criminal Evidence Act 1984 (c. 60) was inserted by section 110(1) of the Serious Organised Crime and Police Act 2005 (c. 15). There is an amendment to section 24A which is not relevant to this Order.

[^f00033]: In relation to party list candidates, their expenses are generally treated as expenditure by the registered political party on whose list they appear and is regulated by Part 5 of the Political Parties, Elections and Referendums Act 2000.

[^f00034]: 1990 c. 42

[^f00035]: 1996 c. 55

[^f00036]: see Paragraphs 21 to 23 of Schedule 1 to the Political Parties, Elections and Referendums Act 2000 as to regulations made by the Commission.

[^f00037]: see footnote to the definition of “the Assembly” in article 2 as to the vesting in Welsh Ministers of the function of “the Assembly” under article 62(7). The order making power of the Welsh Ministers will be subject to a draft of the Order being laid before and approved by resolution of the National Assembly for Wales constituted by the Government of Wales Act 2006: see paragraph 34 of Schedule 11 to the Government of Wales Act 2006 having regard to the corresponding power of the Secretary of State under section 89(1) of the Representation of the People Act 1983 (as substituted by paragraph 10 of Schedule 18 to the Political Parties, Elections and Referendums Act 2000) and the procedures applying to that power of the Secretary of State under section 201 (regulations) of that Act of 1983 and having regard to the meaning of “prescribed” as defined in section 202(1) of that Act of 1983. Section 202 was amended by paragraph 69 of Schedule 4 to the Representation of the People Act 1985, article 5(b) of S.I. 1991/1728, paragraph 21 of Schedule 1 to the Representation of the People Act 2000, paragraphs 6(7) and 22 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (but in relation to paragraph 6(7)(b) of Schedule 21 subject to paragraph 7 of Part 2 to Schedule 1 to S.I. 2001/222).

[^f00038]: see footnote to article 16(6).

[^f00040]: 2000 c. 26

[^f00041]: see the footnote to the definition of “the Assembly” in article 2(1) as to the vesting in the Welsh Ministers of the function of “the Assembly” under article 65(9).

[^f00042]: 1990 c. 42

[^f00043]: As to candidates which stand nominated, see rule 16 of Schedule 5, in relation to constituency candidates; and rule 17 of Schedule 5 in relation to individual candidates and party list candidates.

[^f00044]: 1990 c. 42

[^f00045]: 1996 c. 55

[^f00046]: see footnote to article 16(6).

[^f00047]: 1971 c. 80

[^f00048]: “prescribed” is defined in article 137(1).

[^f00049]: Rules 62, 64 and 78 of Schedule 5.

[^f00050]: “electoral region figure” is defined in section 6(3) of the Government of Wales Act 1998 (for the 2007 Assembly general election) and section 8(5) of the Government of Wales Act 2006 for all subsequent elections.

[^f00054]: 1980 c. 43.

[^f00055]: When section 59(1) of the Constitutional Reform Act 2005 (c. 4) comes into force, references to “Supreme Court” are to be construed as references to the “senior courts of England and Wales”.

[^f00056]: S.I.1960/543 and see the footnote to paragraph 1 of Schedule 9.

[^f00058]: 2003 c. 17.

[^f00060]: S.I.1992/666. These regulations were extended to include European Parliamentary elections by S.I. 1994/2351.

[^f00061]: 1988 c. 41.

[^f00062]: Section 3(2)(a) of the Government of Wales Act 2006 makes provision for a minimum period between the dissolution of the National Assembly for Wales constituted by that Act and the day of the poll at the subsequent Assembly ordinary general election.

[^f00064]: S.I. 2002/253.

[^f00065]: 1984 c. 24.

[^f00066]: 1989 c. 44.

[^f00068]: 1993 c. 21.

[^f00069]: 1994 c. 17.

[^f00072]: 1983 c. 20. The interpretation of “managers” in section 145(1) has been amended by the National Health Service Reform and Health Care Professions Act 2002 (c. 17), Schedule 2 Part 2 paragraph 49; S.I. 2001/2469; the Health Authorities Act 1995 (c. 17), Schedule 1, paragraph 107(14); Health Act 1999(c. 8), sections 41(2) and 65; the National Health Service and Community Care Act 1990 (c. 19), Schedule 9 paragraph 16; the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), Schedule 4 paragraph 57; the Care Standards Act 2000 (c. 14), Schedule 4 paragraph 9.

[^f00074]: 1992 c. 4.

[^f00075]: 1971 c. 80.

[^f00076]: Proxies at Assembly elections were introduced by The National Assembly for Wales (Representation of the People) Order 1999 (S.I. 1999/450) which came into force on 11th March 1999.

[^f00077]: “data form” means information which is in a form which is being capable of being processed by means of equipment operating automatically in response to instructions given for that purpose.

[^f00079]: See rule 41(5) of Schedule 5.

[^f00080]: As amended by section 13 of the Electoral Administration Act 2006 (c. 22).

[^f00081]: S.I. 2006/2910.

[^f00082]: S.I. 2006/2973

[^f00083]: The Representation of the People (England and Wales)(Amendment)(No. 2) Regulations 2006 apply to new applicants for absent votes, and the Absent Voting (Transitional Provisions)(England and Wales) Regulations 2006 to existing absent voters for parliamentary and local government elections after 1st January 2007.

[^f00084]: “Completed corresponding number lists” is defined in rule 53(1)(g) of Schedule 5.

[^f00085]: 2000 c. 22.

[^f00086]: In part 5 Regulation 72 was amended by Regulation 12 of S.I. 2002/1871, Regulation 77 was amended by Regulation 13(1), (2) and (3) of S.I. 2002/1871 and Regulation 85 by Regulation 2(1) of S.I. 2002/1871. Regulation 64 was amended by regulation 48 , regulations 72 and 73 by regulation 49, regulation 75 by regulation 50, regulation 84 by regulations 51 and 52 and regulation 91 by regulation 53 all of S.I. 2006/2910.

[^f00087]: Sub-section (5A) was added by Schedule 16 to the Local Government (Wales) Act 1994 c. 19.

[^f00090]: 1971 c. 80.

[^f00091]: The word “independent” is specified by section 23(3)(a)(i) of the Political Parties, Elections and Referendums Act 2000. “Annibynnol” is the Welsh form of “Independent” and is prescribed by the National Assembly for Wales (Elections: Nomination Papers)(Welsh Form) Order 2001 (S.I 2001/2914).

[^f00092]: See paragraph 80 of Schedule 5 to this Order as to the meaning of “a qualifying party”

[^f00093]: By virtue of section 28 as read with paragraph 2(1)(b) of Schedule 4 to the Political Parties, Elections and Referendums Act 2000, a party registered in the Great Britain register may have a name in Welsh and a name in English to be the party’s registered names. There are amendments to section 28 not relevant for the purposes of this Order.

[^f00094]: Section 28A is inserted into the Political Parties, Elections and Referendums Act 2000 by section 49(1) of the Electoral Administration Act 2006 (c. 22) from 1st January 2007.

[^f00095]: Section 28B is inserted into the Political Parties, Elections and Referendums Act 2000 by section 49(1) of the Electoral Administration Act 2006 (c. 22) from 1st January 2007.

[^f00096]: As to registered emblems of registered political parties, see section 29 of the Political Parties, Elections and Referendums Act 2000 as amended by paragraph 142 of Schedule 1 to the Electoral Administration Act 2006 (c. 22)

[^f00097]: As to the restriction on such candidates representing a registered political party, see section 5(6) of the Government of Wales Act 1998, as amended by paragraph 5(3) of Schedule 11 to the Government of Wales Act 2006, in relation to the Assembly general election in 2007 held under section 3 of that Act of 1998; and, in respect of a subsequent Assembly election, see section 7(6) of that Act of 2006.

[^f00100]: As to rule 9(4)(d) to (f), see in relation to the 2007 Assembly general election sections 4(7), 5(5), (6) and 8(7) of the Government of Wales Act 1998 (section 5(5) and (6) is amended by paragraph 5 of Schedule 11 to the Government of Wales Act 2006); and thereafter see sections 7(1), (5), (6) and 10(9) of that Act of 2006.

[^f00101]: Sections 6A and 6B are inserted into the Political Parties, Elections and Referendums Act 2000 by section 29 of the Electoral Administration Act 2006 from 1st January 2007.

[^f00107]: Sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000 were inserted by section 29 of the Electoral Administration Act 2006 (c. 22).

[^f00108]: Section 13B was inserted into the Representation of the People Act 1983 by paragraph 6 of Schedule 1 to the Representation of the People Act 2000 (c. 2). Subsections (3B) and (3D) were inserted into section 13B by section 11(4) of the Electoral Administration Act 2006 (c. 22).

[^f00109]: Personation is defined in article 30.

[^f00110]: By virtue of section 14(6) of the Government of Wales Act 2006, the term of office of an Assembly member begins when the Assembly member is declared to be returned. Paragraph 9 of Schedule 11 to the Government of Wales Act 2006 contains transitional provision in respect of the 2007 Assembly general election.

[^f00112]: As to the calculation of electoral region figures and allocation of seats for an Assembly electoral region, see sections 6 and 7 of the Government of Wales Act 1998 as amended by paragraph 6 of Schedule 11 to the Government of Wales Act 2006 in relation to the Assembly general election in 2007.

[^f00113]: See section 7(9) of the Government of Wales Act 1998 in relation to the Assembly general election in 2007; and see section 9(9) of the Government of Wales Act 2006 in relation to any subsequent Assembly general election.

[^f00114]: See also Part 6 (Death of candidate) for further provision as to the return of deposits.

[^f00116]: See sections 42 to 44 of the Electoral Administration Act 2006 (c. 22) as to access to and inspection of such documents. These sections commence on 1st January 2007.

[^f00117]: See Section 10(4) of the Government of Wales Act 2006. By virtue of section 8(6) of the Government of Wales Act 1998, section 8 of that Act of 1998 is now spent in relation to such vacancies occurring before the Assembly general election in 2007.

[^f00118]: In relation to a vacancy occurring before the Assembly general election in 2007, see section 9 of that Act of 1998 and in relation to subsequent vacancies see section 11 of that Act of 2006 as modified by paragraph 7 of Schedule 11 to that Act of 2006.

[^f00119]: See section 9(4) of the Government of Wales Act 1998 in relation to a vacancy occurring before the Assembly general election in 2007; for subsequent elections see section 11(4) of the Government of Wales Act 2006.

[^f00120]: That person is treated as having been declared to be returned as an Assembly regional member on the day the notification is received by the Presiding Officer of the Assembly, see section 9(6) of the Government of Wales Act 1998 in relation to a vacancy occurring before the 2007 Assembly general election; and section 11(6) of the Government of Wales Act 2006 in relation to subsequent vacancies.

[^f00121]: As to the circumstances in which elections to fill vacancies in Assembly constituencies must be held and when they must not, see section 8 of the Government of Wales Act 1998 in respect of vacancies occurring before the Assembly general election to be held in 2007; and section 10 of the Government of Wales Act 2006 in respect of vacancies occurring after that election.

[^f00122]: Section 54(2) was amended by S.I. 2004/366, see article 4(2) and paragraphs 1 and 12(a) of the Schedule to that S.I. Section 11 to the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33) has extended until 31st October 2007 the disapplication of Part 4 of the Political Parties, Elections and Referendums Act 2000 in respect of a party registered in Northern Ireland and makes specific provisions in respect of section 54.

[^f00123]: Section 57A was inserted and sections 58, 59 and 60 were amended by S.I. 2004/366; see article 4(2) of and paragraphs 14 to 17 of the Schedule to that S.I..

[^f00124]: Paragraph 2 of Schedule 6 was amended by S.I. 2004/366 (see article 4(2) of and paragraphs 1 and 33 of the Schedule to that S.I.) and is amended by the Electoral Administration Act 2006 (see section 10(2) of and paragraphs 24 to 26 of Schedule 1 to that Act) from 1st January 2007.

[^f00125]: Regulation 45G was inserted into the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) by regulation 18 of the Representation of the People (England and Wales)(Amendment)(No.2) Regulations 2006 (S.I. 2006/2910).

[^f00126]: see Paragraphs 21 to 23 of Schedule 1 to the Political Parties, Elections and Referendums Act 2000 as to regulations made by the Commission.

[^f00129]: S.I. 1960/543 as amended by S.I.s 1985/1278, 1999/1352 and 2003/972 and as modified by S.I. 1991/2684.

[^f00130]: Rule 2(2) was amended by S.I. 1985/1278.

[^f00131]: Rule 2(3) was amended by S.I. 1985/1278.

[^f00132]: Rule 9(3 )was amended by S.I.1985/1278.

[^f00133]: In relation to the 2007 Assembly general election, see sections 6 and 7 of the Government of Wales Act 1998 and in relation to subsequent Assembly general elections, see sections 8 and 9 of the Government of Wales Act 2006.

[^f00134]: Rule 10(2) was amended by S.I. 1985/1278.

[^f00135]: Rules 14(2) and 16(3) were amended by S.I. 1999/1352.

[^f00136]: The Schedule to the 1960 Rules was amended by S.I. 1985/1278.

Editorial notes

Back of Ballot Paper
Number/Rhif……………………………………………………………..
Election for the ………………..Constituency on ……………………..
Etholiad dros Etholaeth…………………………ar……………………

12

The number and other unique identifying mark may be printed close to each other on the back of the ballot paper.

Back of Ballot Paper	Back of Ballot Paper
Number/Rhif……………………………………………………………..	Number/Rhif……………………………………………………………..
Election for the ……………..Electoral Region on……..	Etholiad dros Rhanbarth Etholiadol…………………………ar………………
………………Constituency	Etholaeth…………………..
The back is to include a mark or other distinguishing feature (which may be part of the number) to identify the Assembly constituency in which the ballot paper is to be used	The back is to include a mark or other distinguishing feature (which may be part of the number) to identify the Assembly constituency in which the ballot paper is to be used

12

The number and other unique identifying mark may be printed close to each other on the back of the ballot paper.

Combination of polls at Assembly and police and crime commissioner elections

16A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rules for Assembly elections

Returning officers

Officers of councils to be placed at disposal of returning officers

Returning officers: discharge of functions

Returning officers: correction of procedural errors

Returning officers: general

Payments by and to returning officer

Inadequate performance of returning officer: reduction of charges

23A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Detailed assessment of returning officer’s account

Loan of equipment for Assembly elections

Effect of registers

Effect of misdescription

Discharge of registration duties

Payment of expenses of registration

Personation

Other voting offences

Breach of official duty

Tampering with nomination papers, ballot papers etc

False statements in nomination papers etc

Requirement of secrecy

Prohibition on publication of exit polls

Notification of rejected postal voting statement

2A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Additional requirements for applications to vote by proxy in respect of a particular Assembly election

Additional requirements for application for an emergency proxy vote in respect of a particular election

6A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Closing dates for applications

Grant or refusal of applications

Notice of appeal

Cancellation of proxy appointment

Inquiries by registration officer

Requirement to provide fresh signatures at five yearly intervals

Requirement to provide fresh signatures following rejection of postal voting statement

12A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Records and lists kept under articles 8, 10 and 12

Conditions on the use, supply and inspection of absent voter records or lists

Marked register for polling stations

Certificate of employment at an Assembly election

Notification by registration officer

Cancellation of postal ballot papers

15A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE4A — Combination of polls: Assembly elections and police and crime commissioner elections

Application and modification of Schedule 4 to combined Assembly and police and crime commissioner elections

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Form CA: Form of proxy paper

Form CB: Form of certificate of employment

Form CC1: Form of postal voting statement (where the poll is not taken together with another)

Form CC2: Form of postal voting statement (where proceedings on the issue and receipt of ballot papers are taken together with those at another election)

Form CC3: Form of postal voting statement (where the poll is taken together with the poll at another election, but proceedings on the issue and receipt of postal ballot papers are not taken together)

Form CD: Statement as to postal ballot papers

Form CE: Form of nomination paper: constituency election

Form CF: Form of certificate referred to in rule 5(1)

Form CG: Form of certificate referred to in rule 5(3)

Form CH: Form of individual nomination paper: regional election

Form CI: Form of party nomination paper: regional election

Form CJ: Form of certificate referred to in rule 8(1)

Form CK

Form of ballot paper: constituency election

Form CK1

Directions as to printing the ballot paper: constituency election

Form CL

Form of ballot paper: regional election

Form CL1

Directions as to printing the ballot paper: regional election

Form CM: Form of corresponding number list

Form CM1: Form of corresponding number list for combined polls

Form CN1

Elector’s form of poll card

Form CN2

Proxy’s form of poll card

Form CN3: Postal voter’s form of poll card

Form CN4: Proxy postal voter’s form of poll card

Form CO: Form of corresponding number list for use by presiding officers in polling stations

Form CO1 : Combined Form of corresponding number list for use by presiding officers in polling stations

Form CP: Form of directions for the guidance of voters in voting

Form CQ Form of declaration to be made by the companion of a voter with disabilities

Form CQ1: Form of declaration to be made by the companion of a voter with disabilities

Form CR: Form of certificate declaring candidate to be returned at a constituency election

Form CS: Form of certificate declaring candidates to be returned at a regional election

Form CT: Form of certificate: electoral region; seat to remain vacant until next Assembly general election

Form CU: Form of return: expenses incurred in support of a candidate

Form CV: Form of declaration: expenses incurred in support of a candidate

Form CW: Return of candidate’s election expenses

Form CX: Form of declaration by constituency or individual candidate as to election expenses

Form CY: Form of declaration by party list candidates as to election expenses

13A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Protection of information about persons aged under 16

14A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Marked register for polling stations

Certificate of employment at an Assembly election

Notification by registration officer

PART 3 — Supplemental

Guidance by the Commission

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Form CZ