The Parliamentary Elections and Recall Petition (Welsh Forms) (Amendment) Order 2023

Made: 25th October 2023

Laid before Parliament: 26th October 2023

Coming into force in accordance with article 1(2) and (3)

The Secretary of State makes the following Order in exercise of the powers conferred by section 26(2) of the Welsh Language Act 1993[^f00001], as applied by section 22 of the Representation of the People Act 1985[^f00002] and section 21(5) of the Recall of MPs Act 2015[^f00003].

Citation, commencement, extent, and transitional and savings provisions

1

• (1) This Order may be cited as the Parliamentary Elections and Recall Petition (Welsh Forms) (Amendment) Order 2023.

• (2) Subject to paragraph (3), this Order comes into force on 31st October 2023.

• (3) The following come into force on 31st January 2024—

• (a) in article 2, paragraph (3) and, so far as it substitutes form 5 and form 7, paragraph (4);

• (b) article 3, so far as it substitutes form D and form F;

• (c) in Schedule 1, paragraphs 2(1), 3(1) and 6(1).

• (4) This Order extends to England and Wales.

• (5) The transitional and savings provisions in Schedule 1 have effect.

Amendment of the Parliamentary Elections (Welsh Forms) Order 2007

2

• (1) The Parliamentary Elections (Welsh Forms) Order 2007[^f00004] is amended as follows.

• (2) In article 6 (Welsh and English versions of prescribed forms and a form of words), in paragraph (1)(k), for “E” substitute “E1”.

• (3) In Schedule 1 (Welsh version of prescribed forms and a form of words), for form 2 (Welsh form of questions set out in the table in rule 35 of Schedule 1 to the Representation of the People Act 1983[^f00005]) substitute the corresponding form set out in Part 1 of Schedule 2 to this Order.

• (4) In Schedule 2 (Welsh and English versions of prescribed forms and a form of words), for form 5 (official poll card), form 7 (official proxy poll card) and form 11 (proxy paper) substitute the corresponding forms in Part 2 of Schedule 2 to this Order.

Amendment of the Recall Petition (Welsh Forms) Order 2022

3

In Part 1 of the Schedule to the Recall Petition (Welsh Forms) Order 2022[^f00006], for form D (official petition notice for an elector who may sign the petition in person), form F (official petition notice for a proxy who may sign the petition in person) and form J (proxy paper) substitute the corresponding form in Schedule 3 to this Order.

SCHEDULE 1 — Transitional and savings provisions

PART 1 — Provisions related to parliamentary elections

Interpretation of Part 1

1

In this Part—

• “2007 Order” means the Parliamentary Elections (Welsh Forms) Order 2007;

• “ongoing parliamentary election” means a relevant parliamentary election for which the date of poll as stated in the notice of election is on or after 31st January 2024;

• “relevant parliamentary election” means a parliamentary election for which the notice of election is published in accordance with rule 5 of Schedule 1 to the Representation of the People Act 1983[^f00007] on or before 30th January 2024.

Questions for proxies at certain parliamentary elections

2

• (1) The amendments made by article 2(3) do not apply in respect of an ongoing parliamentary election.

• (2) In respect of a relevant parliamentary election, Schedule 2 to the 2007 Order applies as if for form 2 (Welsh form of questions set out in the table in rule 35 of Schedule 1 to the Representation of the People Act 1983) there were substituted the form set out in Part 2 of this Schedule.

Poll card forms for certain parliamentary elections

3

• (1) The amendments made by article 2(4), so far as that article substitutes forms 5 and 7, do not apply in respect of an ongoing parliamentary election.

• (2) In respect of a relevant parliamentary election—

• (a) form 5 (official poll card) and form 7 (official proxy poll card) in Schedule 2 to the 2007 Order apply as if, on the front of the form—

• (i) before the text in English that begins “vote as a proxy at this election” there were inserted “(in the case of a proxy appointed before 31st October 2023)”;

• (ii) before the text in Welsh that begins “i bleidleisio fel dirprwy yn yr etholiad” there were inserted “(yn achos dirprwy a benodwyd cyn 31 Hydref 2023)”;

• (b) form 6 (official postal poll card) and form 8 (official proxy postal poll card) in Schedule 2 to the 2007 Order apply as if, on the back of the form—

• (i) before the text in English that begins “vote as a proxy at this election” there were inserted “(in the case of a proxy appointed before 31st October 2023)”;

• (ii) before the text in Welsh that begins “i bleidleisio fel dirprwy yn yr etholiad” there were inserted “(yn achos dirprwy a benodwyd cyn 31 Hydref 2023)”.

• (3) Sub-paragraph (4) applies in respect of a parliamentary election for which—

• (a) the notice of election is published in accordance with rule 5 of Schedule 1 to the Representation of the People Act 1983 on or after 31st January 2024, and

• (b) the date of poll stated in that notice is on or before 1st May 2024.

• (4) Form 6 (official postal poll card) and Form 8 (official proxy postal poll card) in Schedule 2 to the 2007 Order apply as if, on the back of the form—

• (a) for the text in English which begins with “vote as a proxy at this election” and ends with “grandchild” there were substituted—

(in the case of a proxy appointed on or after 31st October 2023), vote as a proxy on behalf of more than four electors, of which no more than two may be on behalf of other domestic electors (a domestic elector is one who is not an overseas or service elector)

• (b) for the text in Welsh which begins with “i bleidleisio fel dirprwy” and ends with “neu wyres” there were substituted—

(Yn achos dirprwy a benodwyd ar neu ar ôl 31 Hydref 2023), pleidleisio fel dirprwy ar ran mwy na phedwar etholwr, na all mwy na day ohonynt fod ar ran etholwyr domestig eraill (etholwr domestig yw un and yw’n etholwr dramor nac yn etholwr sy’n gwasanaethu yn y lluoedd arfog)

Proxy paper form for certain proxy appointments

4

• (1) This paragraph applies where a proxy appointment is made during the period—

• (a) beginning with 31st October 2023, and

• (b) ending with 5th March 2024.

• (2) Form 11 (proxy paper) in Schedule 2 to the 2007 Order, as substituted by article 2(4), applies as if, on the second page, in note 1—

• (a) before “on behalf of more than four electors” there were inserted “(in relation to an election or referendum for which the poll is on or after 5th March 2024)”;

• (b) before “ar ran mwy na phedwar etholwr” there were inserted “(mewn perthynas ag etholiad neu refferendwm y mae’r dyddiad pleidleisio ar ei gyfer ar neu ar ôl 5 Mawrth 2024)”.

• (3) In this paragraph, “proxy appointment” has the same meaning as in paragraph 8(8) of Schedule 4 to the Elections Act 2022[^f00008].

PART 2 — Welsh form of statutory questions for parliamentary elections for which notice of election is published on or before 30th January 2024

PART 3 — Provisions related to recall petitions

Interpretation of Part 3

5

In this Part—

• “2022 Order” means the Recall Petition (Welsh Forms) Order 2022;

• “ongoing recall petition” means a relevant recall petition for which at least part of the signing period is on or after 31st January 2024;

• “recall petition” has the meaning given in section 1(2) of the Recall of MPs Act 2015;

• “relevant recall petition” means a recall petition for which the Speaker’s notice is given in accordance with section 5(1) and (5)(a) of the Recall of MPs Act 2015 on or before 30th January 2024;

• “signing period” has the meaning given in section 9(2) of the Recall of MPs Act 2015.

Official petition notice forms for certain recall petitions

6

• (1) The amendments made by article 3, so far as they substitute forms D and F in Part 1 of the Schedule to the 2022 Order, do not apply in respect of an ongoing recall petition.

• (2) Form D (official petition notice for an elector who may sign the petition in person) and form G (official petition notice for a proxy who may sign the petition by post) in Part 1 of the Schedule to the 2022 Order apply in respect of a relevant recall petition as if, on the fourth page of the form—

• (a) in the text in English that begins “Sign the petition as a proxy for more than two people”, for “Sign” substitute “(In the case of a proxy appointed before 31st October 2023) sign”;

• (b) in the text in Welsh that begins “Llofnodi’r ddeiseb fel dirprwy ar ran mwy na dau berson”, for “Llofnodi’r” substitute “(Ynachosdirprwy a benodwyd cyn 31 Hydref 2023) llofnodi’r”.

• (3) Form E (official petition notice for an elector who may sign the petition by post) in Part 1 of the Schedule to the 2022 Order applies in respect of a relevant recall petition as if, on the final page of the form—

• (a) in the text in English that begins “Sign the petition as a proxy for more than two people”, for “Sign” substitute “(In the case of a proxy appointed before 31st October 2023) sign”;

• (b) in the text in Welsh that begins “Llofnodi’r ddeiseb fel dirprwy ar ran mwy na dau berson”, for “Llofnodi’r” substitute “(Ynachosdirprwy a benodwyd cyn 31 Hydref 2023) llofnodi’r”.

• (4) Form F (official petition notice for a proxy who may sign the petition in person) in Part 1 of the Schedule to the 2022 Order applies in respect of a relevant recall petition as if, on the fifth page of the form—

• (a) in the text in English that begins “Sign the petition as a proxy for more than two people”, for “Sign” substitute “(In the case of a proxy appointed before 31st October 2023) sign”;

• (b) in the text in Welsh that begins “Llofnodi’r ddeiseb fel dirprwy ar ran mwy na dau berson”, for “Llofnodi’r” substitute “(Ynachosdirprwy a benodwyd cyn 31 Hydref 2023) llofnodi’r”.

• (5) Sub-paragraphs (6) and (7) apply only in the case of a recall petition for which—

• (a) the Speaker’s notice is given in accordance with section 5(1) of the Recall of MPs Act 2015 on or after 31st January 2024, and

• (b) the date for the beginning of the signing period for that petition is on or before 1st May 2024.

• (6) Form E (official petition notice for an elector who may sign the petition by post) in Part 1 of the Schedule to the 2022 Order applies as if, on the final page of the form—

• (a) for the text in English that begins with “Sign the petition as a proxy for more than two people” and ends with “grandchild” there were substituted—

(In the case of a proxy appointed on or after 31st October 2023), sign the petition as a proxy on behalf of more than four people, of which no more than two may be on behalf of other domestic electors (a domestic elector is one who is not an overseas or service elector)

• (b) for the text in Welsh that begins with “Llofnodi’r ddeiseb fel dirprwy ar ran mwy” and ends with “neu wyres iddynt” there were substituted—

(Yn achos dirprwy a benodwyd ar neu ar ôl 31 Hydref 2023), llofnodwch y ddeiseb fel dirprwy ar ran mwy na phedwar etholwr, na all mwy na day ohonynt fod ar ran etholwyr domestig eraill (etholwr domestig yw un and yw’n etholwr dramor nac yn etholwr sy’n gwasanaethu yn y lluoedd arfog)

• (7) Form G (official petition notice for a proxy who may sign the petition by post) in Part 1 of the Schedule to the 2022 Order applies as if, on the fourth page of the form—

• (a) for the text in English that begins with “Sign the petition as a proxy for more than two people” and ends with “grandchild” there were substituted—

(In the case of a proxy appointed on or after 31st October 2023), sign the petition as a proxy on behalf of more than four people, of which no more than two may be on behalf of other domestic electors (a domestic elector is one who is not an overseas or service elector)

• (b) for the text in Welsh that begins with “Llofnodi’r ddeiseb fel dirprwy ar ran mwy” and ends with “neu wyres iddynt” there were substituted—

(Yn achos dirprwy a benodwyd ar neu ar ôl 31 Hydref 2023), llofnodwch y ddeiseb fel dirprwy ar ran mwy na phedwar etholwr, na all mwy na day ohonynt fod ar ran etholwyr domestig eraill (etholwr domestig yw un and yw’n etholwr dramor nac yn etholwr sy’n gwasanaethu yn y lluoedd arfog)

Proxy paper form for certain proxy appointments

7

• (1) This paragraph applies where a proxy appointment is made during the period—

• (a) beginning with 31st October 2023, and

• (b) ending with 25th March 2024.

• (2) Form J (proxy paper) in Part 1 of the Schedule to the 2022 Order, as substituted by article 3, applies as if in note 1—

• (a) before “on behalf of more than four electors” there were inserted “(in relation to a petition for which the end of the signing period is on or after 25th March 2024)”;

• (b) before “ar ran mwy na phedward etholwr” there were inserted “(mewn perthynas â deiseb y mae diwedd y cyfnod llofnodi ar ei chyfer ar neu ar ôl 25 Mawrth 2024)”.

• (3) In this paragraph, “proxy appointment” means an appointment resulting from an application under regulation 51(2) or (6) or 53(2), (3) or (4)(b) of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016[^f00009].

SCHEDULE 2 — New forms: Parliamentary Elections (Welsh Forms) Order 2007

PART 1 — Form 2: Welsh version of questions set out in the table in rule 35 in Schedule 1 to the Representation of the People Act 1983

PART 2 — Welsh and English versions of prescribed forms

Form 5 (official poll card)

Front of card

Rear of card

Form 7 (official proxy poll card)

Front of card

Rear of card

Form 11 (proxy paper)

First page

Second page

Final page

SCHEDULE 3 — New forms: Recall Petition (Welsh Forms) Order 2022

Form D (official petition notice for an elector who may sign the petition in person)

First page

Second page

Third page

Fourth page

Fifth page

Final page

Form F (official petition notice for a proxy who may sign the petition in person)

First page

Second page

Third page

Fourth page

Fifth page

Final page

Form J (proxy paper)

First page

Final page

Signed

Signed by authority of the Secretary of State for Levelling Up, Housing and Communities

Jacob Young — Parliamentary Under Secretary of State — Department for Levelling Up, Housing and Communities — 25th October 2023

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends the Parliamentary Elections (Welsh Forms) Order 2007 (S.I. 2007/1014) and the Recall Petition (Welsh Forms) Order 2022 (S.I. 2022/1405) by updating a number of forms used at parliamentary elections and recall petitions in Wales, following amendments made to the equivalent English versions of those forms made by or as a result of Schedule 4 to the Elections Act 2022 (c. 37) (proxy voting: limits and transitional provision). Schedule 1 contains transitional and savings provisions.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

Footnotes

[^f00001]: 1993 c. 38. See section 26(4) for the meaning of “the appropriate Minister”.

[^f00002]: 1985 c. 50. Section 22 was substituted by section 35(5) of the Welsh Language Act 1993.

[^f00003]: 2015 c. 25.

[^f00004]: S.I. 2007/1014; relevant amending instruments are S.I. 2015/803, 2022/1402, 2023/208.

[^f00005]: 1983 c. 2. Rule 35 was substituted by paragraph 74 of Schedule 1 to the Electoral Administration Act 2006 (c. 22) and the table was amended by paragraph 16 of Schedule 1 and paragraph 4 of Schedule 4 to the Elections Act 2022 (c. 37).

[^f00006]: S.I. 2022/1405.

[^f00007]: Rule 5 was amended by Part 1 of Schedule 2 and paragraph 74 of Schedule 4 to the Representation of the People Act 1985 (c. 50), by paragraph 10 of Schedule 6 to the Representation of the People Act 2000 (c. 2) and by section 19(3) of the Electoral Administration Act 2006 (c. 22).

[^f00008]: 2022 c. 37.

[^f00009]: S.I. 2016/295, to which there are amendments not relevant to this Order.

Editorial notes

[^key-39e71b0bdb9170a9418878d33e6343a8]: Art. 1 in force at 31.10.2023, see art. 1(2)