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The Senedd Cymru (Representation of the People) Order 2025

Type Welsh-Statutory-Instrument

Publication 2025-07-09

Last updated 2026-02-05

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Made: 9 July 2025

Coming into force: 18 July 2025

In accordance with section 13(7) of the Government of Wales Act 2006⁵, a draft of this Order was laid before, and has been approved by a resolution of, Senedd Cymru.

PART 1 — General

Title, commencement, revocation and savings provision

1

(1) The title of this Order is the Senedd Cymru (Representation of the People) Order 2025.

(2) This Order comes into force on 18 July 2025.

(3) Subject to paragraphs (4) and (5) and rule 70(3) of Schedule 5, the instruments listed in Schedule 12 are revoked.

(4) Despite the coming into force of this Order under paragraph (2), it does not have effect in relation to—

(a) a general election the poll for which is held on or before 6 April 2026;

(b) a Senedd returned at a general election the poll for which is held on or before 6 April 2026;

(5) The National Assembly for Wales (Representation of the People) Order 2007⁶ continues to have effect in relation to the matters referred to in paragraph (4).

Interpretation

2

(1) In this Order—

“the 1983 Act” (“Deddf 1983”) means the Representation of the People Act 1983⁷;

“the 2000 Political Parties Act” (“Deddf Pleidiau Gwleidyddol 2000”) means the Political Parties, Elections and Referendums Act 2000;

“the 2006 Act” (“Deddf 2006”) means the Government of Wales Act 2006;

“the 2011 Act” (“Deddf 2011”) means the Police Reform and Social Responsibility Act 2011⁸;

“the 2001 Regulations” (“Rheoliadau 2001”) means the Representation of the People (England and Wales) Regulations 2001⁹;

“absent voter” (“pleidleisiwr absennol”) means an elector who is entitled to vote by proxy, or an elector or proxy who is entitled to vote by post, and “absent vote” (“pleidlais absennol”) is to be construed accordingly;

“anonymous entry” (“cofnod dienw”), in relation to a register, is to be construed in accordance with section 9B of the 1983 Act¹⁰;

“available for inspection” (“ar gael i edrych arno”) means available for inspection during ordinary office hours;

“candidate” (“ymgeisydd”) means an individual candidate or a party list candidate for return as a Senedd member;

“the Clerk” (“y Clerc”) is to be construed in accordance with section 26 of the 2006 Act¹¹;

“constituency election” (“etholiad etholaethol”) means an election to return a Senedd member for a Senedd constituency;

“date of the allowance of an authorised excuse” (“dyddiad caniatáu esgus awdurdodedig”) has the meaning given by article 60(10);

“declaration as to election expenses” (“datganiad ynghylch treuliau etholiad”) means a declaration made under article 55 or 56;

“disability” (“anabledd”) in relation to doing a thing, includes the short-term inability to do it;

“election court” (“llys etholiadol”) means a special court of presiding judges convened to determine the petition against the result of a Senedd election;

“elector” (“etholwr”), except in articles 9, 10 and 67 and rule 36 of Schedule 5, means any person whose name is for the time being on the register to be used at a Senedd election or, in the case of a person who has an anonymous entry in the register, in the record of anonymous entries, but does not include those shown on the register as below voting age on the day fixed for the poll;

“electoral number” (“rhif etholiadol”) means a person’s number in the register to be used at the election or, pending publication of the register, that person’s number, if any, in the electors’ lists for that register;

“individual candidate” (“ymgeisydd unigol”) means a candidate at a Senedd election other than a party list candidate;

“legal incapacity” (“anghymhwyster cyfreithiol”) means any disqualification from voting imposed by this Order or by any other enactment;

“legal process” (“proses gyfreithiol”) means a claim form, application notice, writ, summons or other similar process;

“list of proxies” (“rhestr dirprwyon”), in relation to a Senedd election, has the meaning given by article 8(3);

“local authority (“awdurdod lleol”)—in relation to articles 25, 113(1)(b), 124(1)(b) and 124(2) and paragraph 6 of Schedule 3, means a county council, county borough council or community council in Wales, andin all other instances, means a county council or county borough council in Wales;

“local government election” (“etholiad llywodraeth leol”) means an election listed in article 15(2);

“money” (“arian”), except in articles 43, 80 and 81 and Schedule 6, and “pecuniary reward” (“gwobr ariannol”) are deemed to include—any office, place or employment,any valuable security or other equivalent of money, andany valuable consideration,and expressions referring to money are to be construed accordingly;

“nomination paper” (“papur enwebu”) means an individual nomination paper or a party nomination paper;

“party list” (“rhestr plaid”) means a list of not more than eight candidates, but it may be a list of only one candidate, to be a Senedd member or Senedd members for a Senedd constituency which is to be or has been submitted to a returning officer by a registered political party;

“party list candidate” (“ymgeisydd rhestr plaid”) means a candidate included on a party list;

“payment” (“taliad”) includes any pecuniary or other reward;

“police and crime commissioner election” (“etholiad comisiynydd heddlu a throseddu”) means an election under Chapter 6 of Part 1 of the 2011 Act;

“police area” (“ardal heddlu”) means a police area in Wales listed in Schedule 1 to the Police Act 1996¹² (police areas);

“postal ballot paper” (“papur pleidleisio drwy’r post”) means a ballot paper issued to a postal voter;

“postal voter” (“pleidleisiwr drwy’r post”) means an elector or proxy who is entitled to vote by post;

“postal voters list” (“rhestr pleidleiswyr drwy’r post”) means the list kept under article 8(2);

“presiding officer” (“swyddog llywyddu”), in relation to a polling station, means a person appointed under rule 35 of Schedule 5;

“Presiding Officer of the Senedd” (“Llywydd y Senedd”) is to be construed in accordance with section 25 of the 2006 Act¹³;

“proxy postal voter” (“dirprwy sy’n pleidleisio drwy’r post”) means a person entitled to vote by post as proxy at an election;

“proxy postal voters list” (“rhestr pleidleiswyr drwy’r post drwy ddirprwy”) means the list kept under article 10(8);

“qualifying address” (“cyfeiriad cymhwysol”) has the same meaning as in section 9(8)(b) of the 1983 Act¹⁴;

“qualifying Commonwealth citizen” (“dinesydd cymhwysol o’r Gymanwlad”) means a Commonwealth citizen who either—is not a person who requires leave under the Immigration Act 1971¹⁵ to enter or remain in the United Kingdom, oris such a person but for the time being has, or is by virtue of any enactment to be treated as having, any description of such leave,but a person is not a qualifying Commonwealth citizen if that person does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971¹⁶ (exemptions to requirement for leave in special cases);

“qualifying foreign citizen” (“dinesydd tramor cymhwysol”) means a person who—is not a Commonwealth citizen, a citizen of the Republic of Ireland or a relevant citizen of the Union, andeither—is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, oris such a person but for the time being has, or is by virtue of any enactment to be treated as having, any description of such leave;

“record of anonymous entries” (“cofnod o gofnodion dienw”) means the record prepared in pursuance of regulations made by virtue of paragraph 8A of Schedule 2 to the 1983 Act¹⁷;

“register” (“cofrestr”) and “register of electors” (“cofrestr etholwyr”) means the register of local government electors maintained under section 9(1)(b) of the 1983 Act;

“registered emblem” (“arwyddlun cofrestredig”) means an emblem registered by a registered political party under Part 2 of the 2000 Political Parties Act;

“registered nominating officer” (“swyddog enwebu cofrestredig”) means the person registered under Part 2 of the 2000 Political Parties Act as the officer with responsibility for the matters referred to in section 24(3) of that Act in respect of a registered political party;

“registered political party” (“plaid wleidyddol gofrestredig”) means, subject to rules 10 and 76 of Schedule 5, a party registered under Part 2 of the 2000 Political Parties Act;

“registration officer” (“swyddog cofrestru”) means an electoral registration officer under section 8 of the 1983 Act¹⁸;

“relevant citizen of the Union” (“dinesydd perthnasol o’r Undeb”) means a citizen of the Union who is not a qualifying Commonwealth citizen or a citizen of the Republic of Ireland, and “citizen of the Union” (“dinesydd o’r Undeb”) is to be construed in accordance with article 20(1) of the Treaty on the Functioning of the European Union¹⁹;

“relevant registration officer” (“swyddog cofrestru perthnasol”) is to be construed in accordance with sections 42(1) and 44(1) to (3) and (5) of the Electoral Administration Act 2006²⁰;

“returning officer” (“swyddog canlyniadau”) means the officer who, in accordance with article 18, is the returning officer for a Senedd constituency;

“Senedd” (“Senedd”) has the same meaning as in section 1(1) of the 2006 Act²¹;

“Senedd constituency” (“etholaeth Senedd”) is to be construed in accordance with section 2 of the 2006 Act²²;

“Senedd election” (“etholiad i’r Senedd”) means a Senedd constituency election;

“Senedd election petition” (“deiseb etholiad ar gyfer etholiad i’r Senedd”) means a petition presented in pursuance of Part 4 of this Order;

“Senedd election rules” (“rheolau etholiadau’r Senedd”) means the rules for the conduct of Senedd elections set out in Schedule 5;

“Senedd general election” (“etholiad cyffredinol i’r Senedd”) means the holding of elections for the return of all Senedd members;

“service voter” (“pleidleisiwr gwasanaeth”) means a person who has made a service declaration in accordance with section 15 of the 1983 Act²³ and is registered or entitled to be registered in pursuance of it;

“statement of parties and persons nominated” (“datganiad o’r pleidiau a’r personau a enwebwyd”) means a statement prepared in accordance with rule 17 of Schedule 5;

“sub-agent” (“is-asiant”) has the meaning given by article 40(1);

“UK Parliamentary constituency” (“etholaeth Seneddol y DU”) means a constituency specified in an Order in Council made under section 4 of the Parliamentary Constituencies Act 1986²⁴;

“universal service provider” (“darparwr gwasanaeth cyffredinol”) means a universal service provider within the meaning of Part 3 of the Postal Services Act 2011²⁵;

“voter” (“pleidleisiwr”) means a person voting at a Senedd election and includes a person voting as proxy and, except in Schedule 5, a person voting by proxy, and “vote” (“pleidlais” and “pleidleisio”), whether noun or verb, is to be construed accordingly, except that in that Schedule any reference to an elector voting or an elector’s vote includes a reference to an elector voting by proxy or elector’s vote given by proxy, and absent vote is to be construed accordingly;

“voting age” (“oedran pleidleisio”) means 16 years of age or over.

(2) For the purposes of this Order a person is to be deemed not to have attained a given age until the commencement of the relevant anniversary of the day of their birth.

PART 2 — Senedd Cymru franchise and its exercise

Registration and absent voting

3

(1) Subject to giving notice of the appeal in accordance with paragraph 13(1) of Schedule 1, an appeal from any decision of the registration officer under this Order disallowing a person’s application to vote—

(a) by proxy or by post as elector, or

(b) by post as proxy,

lies to the county court in any case where the application is not made for a particular Senedd election only.

(2) No appeal lies from the decision of the Court of Appeal on appeal from a decision of the county court under this article.

(3) If an appeal under this article or section 56 of the 1983 Act²⁶ is pending when notice of a Senedd election is given—

(a) the appeal does not prejudice the operation of the decision appealed against for that election, and

(b) anything done in pursuance of the decision will be as good as if no such appeal had been brought.

(4) Notice must be sent to the registration officer in the manner provided by rules of court of the decision of the county court or of the Court of Appeal on any appeal by virtue of this article, and the registration officer must make such alterations in the—

(a) record kept under article 6(4), or

(b) record kept under article 10(6),

as may be required to give effect to the decision.

(5) Where, as a result of the decision on an appeal under this article or section 56 of the 1983 Act, an alteration in the register or record takes effect under this article or under section 13(5), 13A(2) or 13B(3) or (3B) of the 1983 Act²⁷ on or before the date of the poll, paragraph (3) does not apply to that appeal as respects that election.

(6) On an appeal brought under this article, the registration officer is deemed to be a party to the proceedings, and the registration expenses payable to a registration officer must include any expenses properly incurred by the registration officer under this paragraph.

Polling districts and places at Senedd elections

4

(1) For the purpose of Senedd elections every constituency must be divided into polling districts.

(2) For each polling district there must be a polling place, unless the size or other circumstances of a polling district are such that the situation of the polling stations does not materially affect the convenience of the electors, or any body of them.

(3) Subject to paragraph (4), the polling districts and polling places designated under this article must be the same as those used or designated under sections 18A and 18B of the 1983 Act²⁸ (polling districts and polling places at parliamentary elections).

(4) Where it appears to the local authority, or local authorities, for the area of a polling district or polling place that it is desirable for some other polling district or polling place to be designated for the purpose of a Senedd election, the local authority may so designate that other polling district or polling place.

(5) An election may not be questioned by reason of—

(a) any non-compliance with the provisions of this article, or

(b) any irregularity relating to polling districts or polling places.

Manner of voting at Senedd elections

5

(1) This article applies to determine the manner of voting of a person (“P1”) entitled to vote as an elector at a Senedd election.

(2) P1 may vote in person at the polling station allotted to P1 under this Order, unless P1 is entitled as an elector to an absent vote at a Senedd election.

(3) P1 may vote by post if P1 is entitled as an elector to vote by post at a Senedd election.

(4) Subject to paragraph (5), P1 may vote by proxy if P1 is entitled to vote by proxy at a Senedd election.

(5) If a ballot paper has not been issued for P1 to vote by proxy, P1 may apply at the polling station allotted to P1 under this Order for a ballot paper to vote in person and vote in person there.

(6) P1 may vote in person at any polling station in the Senedd constituency for which the election is being held if—

(a) P1 is not entitled as an elector to an absent vote at the election, but

(b) P1 cannot reasonably be expected to go in person to polling station allotted to P1 under this Order by reason of P1’s employment on the date of the poll, either as a constable or by a returning officer, for a purpose connected with the election.

(7) In paragraph (6), the reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002²⁹ (police powers for civilian staff and volunteers).

(8) Nothing in the preceding provisions of this article applies to a person (“P2”)—

(a) to whom section 7 of the 1983 Act³⁰ (residence: patients in mental hospitals who are not detained offenders or on remand) applies, and

(b) who is liable, by virtue of any enactment, to be detained in the mental hospital in question,

whether P2 is registered by virtue of that provision or not.

(9) Where paragraph (8) applies, P2 may vote—

(a) in person, where P2 is granted permission to be absent from the hospital and voting in person does not breach any condition attached to that permission, or

(b) by post or by proxy, where P2 is entitled as an elector to vote by post or by proxy at the election.

(10) Nothing in the preceding provisions of this article applies to a person (“P3”) to whom section 7A of the 1983 Act³¹ (residence: persons remanded in custody etc.) applies, whether P3 is registered by virtue of that provision or not.

(11) Where paragraph (10) applies, P3 may only vote by post or by proxy at the election where P3 is entitled as an elector to vote by post or by proxy at the election.

(12) For the purposes of this Order, a person who is entitled to vote as an elector at a Senedd election is entitled to vote—

(a) by post if that person is shown in the postal voters lists mentioned in article 8(2) as entitled to vote by post at an election;

(b) by proxy if that person is shown in the list of proxies mentioned in article 8(3) as entitled to vote by proxy at an election.

(13) Paragraph (2) does not prevent a person marking a tendered ballot paper in pursuance of rule 50 of Schedule 5 at the polling station allotted to that person.

Absent vote at Senedd elections for a particular or an indefinite period

6

(1) Where a person applies to the registration officer to vote by post at Senedd elections, whether for an indefinite period or for a particular period specified in the application, the registration officer must grant the application if—

(a) the registration officer is satisfied that the applicant is or will be registered in the register of electors, and

(b) the application contains the applicant’s signature and date of birth, and meets the requirements set out in Schedule 1.

(2) Where a person applies to the registration officer to vote by proxy at Senedd elections, whether for an indefinite period or for a particular period specified in the application, the registration officer must grant the application if—

(a) the registration officer is satisfied that the applicant is eligible to vote by proxy at Senedd elections,

(b) the registration officer is satisfied that the applicant is or will be registered on the register of electors, and

(c) the application contains the applicant’s signature and date of birth, and meets the requirements set out in Schedule 1.

(3) For the purposes of this article, a person (“P”) is eligible to vote by proxy at Senedd elections if—

(a) P is or will be registered as a service voter,

(b) P has an anonymous entry in the register of electors,

(i) to go in person to the polling station allotted or likely to be allotted to P under this Order, or

(ii) to vote unaided there,

(d) P cannot reasonably be expected to go in person to the polling station allotted to P by reason of the general nature of P’s occupation, service or employment, or that of P’s spouse or civil partner,

(e) P cannot reasonably be expected to go in person to the polling station allotted to P by reason of P’s attendance on a course provided by an educational institution, or that of P’s spouse or civil partner, or

(f) P cannot go in person from P’s qualifying address to the polling station allotted to P without making a journey by air or sea.

(4) The registration officer must keep a record of the persons whose applications under this article have been granted showing—

(a) whether the applications were to vote by post or by proxy for an indefinite or a particular period, specifying that period,

(b) in the case of those who may vote by post, the addresses provided by them in their applications as the addresses to which their ballot papers must be sent, and

(5) The registration officer must remove a person from the record kept under paragraph (4)—

(a) if that person applies to the registration officer to be removed,

(b) in the case of a person who is eligible to vote by proxy by virtue of having an anonymous entry, if that person ceases to have an anonymous entry,

(c) in the case of a registered person, if that person ceases to be registered or registered at the same qualifying address or ceases to be, or becomes, registered in pursuance of—

(i) a service declaration, or

(ii) a declaration of local connection,

(d) in the case of any person shown in the record as voting by proxy, if the registration officer gives notice that the registration officer has reason to believe there has been a material change of circumstances, or

(e) in the case of a person who applies to vote by post or by proxy for a particular period, once that period has expired.

(6) A person shown in the record kept under paragraph (4) as voting by post may make a further application to change the method of voting to vote by proxy instead, whether for an indefinite period or a particular period as specified in the application.

(7) Where a registration officer would be required to grant an application made under paragraph (6) if that application were an application to vote by proxy made under paragraph (2), the registration officer must amend the record accordingly.

(8) A person shown in the record kept under paragraph (4) as voting by proxy may make a further application to change the method of voting to vote by post instead, whether for an indefinite period or for a particular period as specified in the application.

(9) If an application made under paragraph (8) meets the requirements of Schedule 1, the registration officer must amend the record accordingly.

(10) The registration officer may dispense with the requirement under paragraphs (1)(b) and (2)(c) for the applicant to provide a signature if the registration officer is satisfied that the applicant is unable—

(a) to provide a signature because of any disability the applicant has,

(b) to provide a signature because the applicant is unable to read or write, or

(11) The registration officer must keep a record in relation to the persons whose applications under this article have been granted showing—

(a) their dates of birth, and

(b) their signatures, except in cases where the registration officer in pursuance of paragraph (10) has dispensed with the requirement to provide a signature.

(12) The record kept under paragraph (11) must be retained by the registration officer for the period prescribed in paragraph 4 of Schedule 1.

Absent vote at a particular Senedd election

7

(1) Where a person applies to the registration officer to vote by post at a particular Senedd election, the registration officer must grant the application if—

(a) the registration officer is satisfied that the applicant is or will be registered in the register of electors, and

(b) the application contains the applicant’s signature and date of birth, and meets the requirements set out in Schedule 1.

(2) Where a person applies to the registration officer to vote by proxy at a particular Senedd election, the registration officer must grant the application if—

(a) the registration officer is satisfied that the applicant’s circumstances on the date of the poll will be, or are likely to be, such that the applicant cannot be reasonably expected to vote in person at the polling station allotted, or likely to be allotted, to the applicant under this Order,

(b) the registration officer is satisfied that the applicant is or will be registered in the register of electors, and

(c) the application contains the applicant’s signature and date of birth, and meets the requirements set out in Schedule 1.

(3) Where a person who has an anonymous entry in the register of electors applies to the registration officer to vote by proxy at a particular Senedd election, the registration officer must grant the application if it meets the requirements set out in Schedule 1.

(4) Paragraphs (1) and (2) do not apply to a person who is included in the record kept under article 8 (absent voters lists at Senedd elections), but such a person may, in respect of a particular Senedd election, apply to the registration officer—

(a) for that person’s ballot paper to be sent to a different address from that shown in the record, or

(b) to vote by proxy,

if that person is shown in that record as voting by post at Senedd elections.

(5) The registration officer must grant an application under paragraph (4) if—

(a) in the case of any application, it meets the requirements set out in Schedule 1, and

(b) in the case of an application to vote by proxy, the registration officer is satisfied that the applicant’s circumstances on the date of the poll will be, or are likely to be, such that the applicant cannot reasonably be expected to vote in person at the polling station allotted, or likely to be allotted, to the applicant under this Order.

(6) The registration officer may dispense with the requirement under paragraphs (1)(b) and (2)(c) for the applicant to provide a signature if the registration officer is satisfied that the applicant is unable to—

(a) provide a signature because of any disability the applicant has,

(b) provide a signature because the applicant is unable to read or write, or

(7) The registration officer must keep a record in relation to the persons whose applications under this article have been granted showing—

(a) their dates of birth, and

(b) their signatures, except in cases where the registration officer in pursuance of paragraph (6) has dispensed with the requirement to provide a signature.

(8) The record kept under paragraph (7) must be retained by the registration officer for the period prescribed in paragraph 4 of Schedule 1.

Absent voters lists at Senedd elections

8

(1) In respect of each Senedd election, the registration officer must keep two special lists—

(a) the postal voters list, and

(b) the list of proxies.

(2) The postal voters list is a list of—

(a) those persons who are for the time being shown in the record kept under article 6 as voting by post at Senedd elections, excluding those whose applications under article 7(4)(b) to vote by proxy at the election have been granted, and

(b) those persons whose applications under article 7(1) to vote by post at the election have been granted,

together with the addresses provided by them in their applications under article 6 or 7(4)(a) as the addresses to which their ballot papers are to be sent.

(3) The list of proxies is a list of those who are for the time being shown in the record kept under article 6 as voting by proxy at Senedd elections, or whose applications under article 7(2) to vote by proxy at the election have been granted, together with the names and addresses of those appointed as their proxies.

(4) In the case of a person who has an anonymous entry in the register, the postal voters list or list of proxies must show in relation to that person only—

(a) their electoral number, and

(b) the period for which the anonymous entry has effect.

Proxies at Senedd elections

9

(1) Subject to the provisions of this article, any person is capable of being appointed proxy to vote for another (referred to in this article and article 10 as “the elector”) at any Senedd election and may vote in pursuance of the appointment.

(2) The elector cannot have more than one person at a time appointed as proxy to vote for the elector at a Senedd election.

(3) A person is not capable of being appointed to vote, or of voting, as proxy at a Senedd election—

(a) if that person is subject to any legal incapacity (age apart) to vote at that election as an elector, or

(b) if that person is not—

(i) a qualifying Commonwealth citizen,

(ii) a citizen of the Republic of Ireland,

(iii) a relevant citizen of the Union, or

(iv) a qualifying foreign citizen.

(4) A person is not capable of voting as proxy at a Senedd election unless on the date of the poll that person has attained the age of 16.

(5) A person is not entitled to vote as proxy in any constituency at the same Senedd election on behalf of more than two electors of whom that person is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.

(6) Where the elector applies to the registration officer for the appointment of a proxy to vote for the elector at Senedd elections (whether for an indefinite period or for a particular period specified in the elector’s application), the registration officer must make the appointment if the application is signed by the applicant and meets the requirements set out in Schedule 1 and the registration officer is satisfied the elector is or will be—

(a) registered in the register of electors, and

(b) shown in the record kept under article 6 as voting by proxy at such elections,

and that the proxy is capable of being, and willing to be appointed, to vote as proxy at such elections.

(7) Where the elector applies to the registration officer for the appointment of a proxy to vote for the elector at a particular Senedd election, the registration officer must make the appointment if the application contains the signature and date of birth of the applicant, meets the requirements set out in Schedule 1, and the registration officer is satisfied that the elector is or will be—

(a) registered in the register of electors for that election, and

(b) entitled to vote by proxy at that election by virtue of an application under article 7,

and that the proxy is capable of being, and willing to be, appointed.

(8) The appointment of a proxy under this article is to be made by means of a proxy paper issued by the registration officer.

(9) The appointment may be cancelled by the elector giving notice to the registration officer.

(10) The appointment will cease to be in force—

(a) on the issue of a proxy paper appointing a different person to vote for the elector at a Senedd election or Senedd elections, whether in the same Senedd constituency or elsewhere, and

(b) where the appointment was for a particular period, once that period expires.

(11) Subject to paragraphs (9) and (10), the appointment will remain in force—

(a) in the case of an appointment for a particular election, for that election, and

(b) in any other case, while the elector is shown as voting by proxy in the record kept under article 6 in pursuance of the same application under that article.

(12) Paragraph 14 of Schedule 1 (cancellation of proxy appointment) provides for the steps to be taken where a proxy’s appointment is—

(a) cancelled under paragraph (9),

(b) ceases to be in force under paragraph (10), or

(13) The registration officer may dispense with the requirement under paragraph (6) or (7) for the applicant to provide a signature if the registration officer is satisfied that the applicant is unable to—

(a) provide a signature because of any disability the applicant has,

(b) provide a signature because the applicant is unable to read or write, or

Voting as proxy at Senedd elections

10

(1) A person entitled to vote as proxy at a Senedd election may do so in person at the polling station allotted to the elector under this Order unless that person is entitled to vote by post as proxy for the elector at the election, in which case that person may vote by post.

(2) Where a person is entitled to vote by post as proxy for the elector at any Senedd election, the elector may not apply for a ballot paper for the purpose of voting in person at the election.

(3) For the purposes of this Order, a person entitled to vote as proxy for another at a Senedd election is entitled to vote by post if the person is included in the list kept under paragraph (8) in respect of the election.

(4) Where a person applies to the registration officer to vote by post as proxy—

(a) at Senedd elections, whether for an indefinite period or for a particular period specified in the person’s application, or

(b) at a particular Senedd election,

the registration officer must grant the application if the conditions set out in paragraph (5) are satisfied.

(5) The conditions are that—

(a) the registration officer is satisfied that the elector is or will be registered in the register of electors,

(b) there is in force an appointment of the applicant as the elector’s proxy to vote for the elector at Senedd elections or the Senedd election concerned,

(d) the application meets the requirements set out in Schedule 1.

(6) The registration officer must keep a record of the persons whose applications under paragraph (4)(a) have been granted showing—

(a) whether their applications were to vote by post as proxy for an indefinite or a particular period, specifying that period, and

(b) the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent.

(7) Where, in the case of a particular election, a person included in the record kept under paragraph (6) applies to the registration officer for their ballot paper to be sent to a different address from that shown in the record, the registration officer must grant the application if it meets the requirements set out in Schedule 1.

(8) In respect of each Senedd election, the registration officer must keep a special list (“the proxy postal voters list”) of—

(a) those who are for the time being included in the record kept under paragraph (6), and

(b) those whose applications under paragraph (4)(b) have been granted in respect of the election concerned,

together with the addresses provided by them in their applications under paragraph (4)(a) or (7) as the addresses to which their ballot papers are to be sent.

(9) In the case of a person who has an anonymous entry in the register, the special list under paragraph (8) must contain only the person’s electoral number and the period for which the anonymous entry has effect.

(10) The registration officer must remove a person from the record kept under paragraph (8)—

(a) if that person applies to the registration officer to be removed,

(b) in the case of a person who applied to vote by post as proxy for a particular period, once that period expires,

(d) if the appointment of the person concerned as the elector’s proxy ceases to be in force, whether or not that person is re-appointed.

(11) Paragraph (2) does not prevent a person, at the polling station allotted to them, marking a tendered ballot paper in pursuance of rule 50 of Schedule 5.

(12) The registration officer may dispense with the requirement under paragraph (5)(c) for the applicant to provide a signature if the registration officer is satisfied that the applicant is unable to—

(a) provide a signature because of any disability the applicant has,

(b) provide a signature because the applicant is unable to read or write, or

(13) The registration officer must also keep a record in relation to the persons whose applications under paragraph (4)(a) or (b) have been granted showing—

(a) their dates of birth, and

(b) their signatures, except in cases where the registration officer has dispensed with the requirement to provide a signature in pursuance of paragraph (12).

(14) The record kept under paragraph (13) must be retained by the registration officer for the period prescribed in paragraph 4 of Schedule 1.

Electors’ signatures and use of personal identifier information

11

(1) An application for an absent vote or proxy postal vote made in accordance with article 6, 7, 9 or 10 must comply with paragraph 1 of Schedule 1 (relating to personal identifiers).

(2) A person who remains on the record kept under article 6(4) or 10(6) may, at any time, provide the registration officer with a fresh signature.

(3) Anything required or authorised to be done for the purposes of any enactment in relation to a signature required to be provided in pursuance of the absent vote provisions of this Order, must be done using a signature provided under paragraph (2) instead of in relation to a signature provided on any earlier occasion.

(4) The registration officer must—

(a) provide the returning officer for a Senedd election with a copy of the information contained in records kept by the registration officer in pursuance of articles 6(11), 7(7) and 10(13) in relation to electors at the elections, or

(b) give that returning officer access to such information.

(5) Information contained in records kept by a registration officer in pursuance of article 6(11), 7(7) or 10(13) may be disclosed by the registration officer, subject to the conditions prescribed in paragraphs 18 and 19 of Schedule 1, to—

(a) any other registration officer (“R”) if the registration officer thinks that to do so will assist R in the performance of R’s duties;

(b) any person exercising functions in relation to the preparation or conduct of legal proceedings under the Representation of the People Acts or this Order;

(c) such other persons for such other purposes relating to elections as are prescribed in paragraphs 18 and 19 of Schedule 1.

(6) For the purposes of paragraph (5)(b), the “Representation of the People Acts” are—

(a) the Representation of the People Act 1983³²,

(b) the Representation of the People Act 1985³³, and

Offence: false information

12

(1) A person who has attained voting age and provides false information in connection with an application to which article 6, 7, 9 or 11 applies is guilty of an offence.

(2) For the purposes of paragraph (1), “false information” means a signature which—

(a) is not the usual signature of, or

(b) was written by a person other than,

the person whose signature it purports to be.

(3) A person is not guilty of an offence under paragraph (1) if that person did not know and had no reason to suspect that the information was false.

(4) Where sufficient evidence is adduced to raise an issue with respect to the defence under paragraph (3), the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

(5) A person guilty of an offence under paragraph (1) is liable on summary conviction to—

(a) imprisonment for a term not exceeding 6 months, or

(b) a fine not exceeding level 5 on the standard scale,

or both.

(6) In relation to an offence committed after the commencement of section 281(5) of the Criminal Justice Act 2003³⁵, the reference in paragraph (5)(a) to 6 months must be taken to be a reference to 51 weeks.

Other offences relating to absent voting

13

(1) A person (“P”) is guilty of an offence if P—

(a) engages in a relevant act specified in paragraph (2) at a Senedd election, and

(b) intends, by doing so, to—

(i) deprive another of an opportunity to vote,

(ii) make for P or another, a gain of a vote to which P or the other is not otherwise entitled, or

(iii) make for P or another, a gain of money or property.

(2) The relevant acts are—

(a) applying for a postal or a proxy vote as some other person, whether that other person is living or dead or is a fictitious person,

(b) otherwise making a false statement in, or in connection with, an application for a postal or a proxy vote,

(c) inducing the registration officer to send a postal ballot paper, or any communication relating to a postal or a proxy vote, to an address which has not been agreed to by the person entitled to the vote,

(d) causing a communication relating to a postal or a proxy vote, or containing a postal ballot paper, not to be delivered to the intended recipient, and

(e) those acts listed at article 31.

(3) In paragraph (1)(b)(iii), property includes any description of property.

(4) In paragraph (2), a reference to a postal vote or a postal ballot paper includes a reference to a proxy postal vote or a proxy postal ballot paper.

(5) A person who is guilty of an offence under paragraph (1) or who aids, abets, counsels or procures the commission of such an offence is guilty of a corrupt practice and is liable on conviction in accordance with article 121.

Absent voting at Senedd elections: miscellaneous

14

(1) Section 59 of the 1983 Act³⁶ (supplemental provisions as to members of forces and service voters) applies for the purposes of a Senedd election subject to the following modifications—

(a) in subsection (3) (right to register and vote in person, by post or by proxy), “this Act” is to be construed as including a reference to this Order in connection with the rights conferred by this Order on a person having a service qualification by virtue of section 14(1)(a) or (b) of that Act (service qualification as a member of the forces or being employed in the service of the Crown in a post outside the United Kingdom of any prescribed class or description) in relation to the making and cancellation of appointments of a proxy, and in relation to voting in person, by post or by proxy, and

(b) in subsection (3A) (right of members of forces and service voters to information about their right to vote), “this Act and any regulations made under it” is to be construed as including a reference to this Order.

(2) Schedule 1 makes further provision in connection with absent voting at Senedd elections.

(3) Schedule 2 makes further provision in connection with the issue and receipt of postal ballot papers.

Combination of polls at Senedd and local government elections

15

(1) Where the polls at a Senedd general election and a local government election listed in paragraph (2) fall on the same day, they may be taken together.

(2) The elections referred to in paragraph (1) are—

(a) an election held in accordance with section 89(1) of the Local Government Act 1972³⁷ to fill a casual vacancy occurring in the office of councillor for a county or county borough council;

(b) an election held in accordance with section 89(6) of the Local Government Act 1972³⁸ to fill a casual vacancy among community councillors.

(3) Where the polls at a Senedd general election and a local government election are combined under paragraph (1), the cost of taking the combined polls, excluding any cost solely attributable to one election, and any cost attributable to their combination must be apportioned equally among the elections.

(4) Schedule 3 makes further provision in connection with the combination of polls at a Senedd general election and local government elections.

Combination of polls at Senedd and Police and Crime Commissioner elections

16

(1) Where the polls at a Senedd general election and an ordinary election of police and crime commissioners are to be taken on the same date, they must be taken together.

(2) For the purposes of paragraph (1) an “ordinary election of police and crime commissioners” has the same meaning as in section 50 of the 2011 Act³⁹.

(3) Where the polls at a Senedd general election and a police and crime commissioner election for related areas are to be taken on the same date but are not required by paragraph (1) to be taken together, they may nevertheless be taken together if the returning officer for each election thinks fit.

(4) For the purposes of paragraph (3)—

(a) a “police and crime commissioner election” has the same meaning as in section 51 of the 2011 Act⁴⁰ (election to fill vacancy in office of commissioner), and

(b) two areas are related if one is coterminous with or situated wholly or partly within the other.

(5) Where the polls at any elections are combined under this article, the cost of taking the combined polls, excluding any cost solely attributable to one election, and any cost attributable to their combination is to be apportioned equally among the elections.

(6) Schedule 4 makes further provision in connection with the combination of polls at Senedd and police and crime commissioner elections.

Rules for Senedd elections

17

(1) The proceedings at Senedd elections, including the return of Senedd members, must be conducted in accordance with the Senedd election rules set out in Schedule 5.

(2) In addition to the functions otherwise conferred or imposed on a returning officer at a Senedd election, it is the general duty of such an officer to do all such acts as may be necessary for effectively conducting the election in the manner provided by those rules.

(3) No Senedd election is to be declared invalid due to any act or omission by a returning officer, or any other person, which is either in breach of that returning officer’s official duty in connection with the election, or in breach of those rules, if it appears to the tribunal considering the matter in question that—

(a) the election was so conducted as to be substantially in accordance with the law as to Senedd elections, and

(b) the act or omission did not affect the result.

Returning officers

18

(1) For the purpose of Senedd elections there must be a returning officer for each Senedd constituency, and such persons must hold office in accordance with the following provisions of this article.

(2) A returning officer is the person—

(a) who is appointed under section 35(1A)(a) of the 1983 Act⁴¹ to be the returning officer for elections of councillors of a county or county borough situated wholly or partly in the Senedd constituency, and

(b) in the case where there is more than one such person, who is for the time being designated by the Welsh Ministers as returning officer for the constituency.

(3) A designation made under this article must be in writing.

(4) The office of returning officer is a distinct office from that by virtue of which the person becomes returning officer.

(5) Where a person takes any office by virtue of which that person becomes a returning officer, that person, and not the outgoing holder of the office, must complete the conduct of any outstanding election in accordance with the Senedd election rules.

Officers of councils to be placed at disposal of returning officers

19

The council of each county or county borough must place the services of its officers at the disposal of any returning officer for a Senedd constituency wholly or partly situated in its area, for the purposes of assisting the returning officer to discharge any functions conferred upon that officer in relation to a Senedd election.

Returning officers: discharge of functions

20

A returning officer at a Senedd election may, in writing, appoint one or more persons to discharge all or any of their functions.

Returning officers: correction of procedural errors

21

(1) A returning officer at a Senedd election may take such steps as that officer thinks appropriate to remedy any act or omission on the part of that officer, or on the part of a relevant person, which—

(a) arises in connection with any function the returning officer or relevant person has in relation to the election, and

(b) is not in accordance with the rules or any other requirements applicable to the election.

(2) A returning officer may not, under paragraph (1), re-count the votes given at an election after the result has been declared.

(3) The relevant persons are—

(a) a registration officer,

(b) a presiding officer,

(d) a deputy of any person mentioned in sub-paragraphs (a) and (b), or a person appointed to assist, or in the course of their employment assisting, such a person in connection with any function that person has in relation to the election.

Returning officers: general

22

(1) A Senedd election is not liable to be questioned by reason of a defect in the title, or want of title, of the person presiding at or conducting the election, if that person was then in actual possession of, or acting in, the office giving the right to preside at or conduct the election.

(2) A person is not subject to any incapacity to vote at a Senedd election by reason of being or acting as returning officer at that election.

Payments by and to returning officer

23

(1) A returning officer is entitled to recover their charges in respect of expenses incurred for, or in connection with, a Senedd election where such expenses were necessarily incurred, for the efficient and effective conduct of the election.

(2) A returning officer is entitled to recover, on behalf of electoral administrators, charges in respect of services rendered for, or in connection with, a Senedd election where such charges were necessarily incurred for the efficient and effective conduct of the election.

(3) For the purpose of paragraph (2), the “electoral administrators” include—

(a) a returning officer appointed under article 18,

(b) a deputy returning officer appointed under article 20, and

(4) The Welsh Ministers must, by order—

(a) specify the maximum amount that is recoverable for charges under paragraphs (1) and (2),

(b) provide a method of calculating the maximum amount that those charges may not exceed,

(c) specify, or provide a method for calculating, the maximum amounts recoverable for services or expenses of particular types, and

(d) make provision as to the time when, and the manner and form in which, accounts are to be submitted to the Welsh Ministers for payment of such charges.

(5) A returning officer may not recover more than any maximum amount set by an order under paragraph (4), unless the Welsh Ministers are satisfied that it was reasonable for that returning officer to render the services or incur the expenses, and that the charges are reasonable.

(6) An order under paragraph (4) may—

(a) make different provision for different cases, circumstances or areas,

(b) vary, amend or revoke any previous such regulations and orders, and

as the Welsh Ministers may determine.

(7) Subject to paragraph (9), any sums recoverable in accordance with this article are to be charged on, and paid out of, the Welsh Consolidated Fund on an account being submitted to the Welsh Ministers.

(8) Where the superannuation contributions required to be paid by a local authority in respect of any person are increased by any fee paid under this article as part of a returning officer’s charges at a Senedd election, then on an account being submitted to the Welsh Ministers, a sum equal to the increase must be charged on, and paid out of, the Welsh Consolidated Fund to the authority.

(9) The Welsh Ministers may, if they think fit, apply for an account to be assessed in accordance with article 24 before making any payment under this article.

(10) On a request by a returning officer for an advance on account of charges, the Welsh Ministers may, on such terms as they think fit, make such an advance.

(11) The power to make orders under paragraph (4) is exercisable by statutory instrument, and for the purpose of section 1 of the Statutory Instruments Act 1946⁴², this provision has effect as if contained in an Act of the Senedd.

Detailed assessment of returning officer’s account

24

(1) The Welsh Ministers may apply for the account of a returning officer to be assessed.

(2) An application under paragraph (1) must be made to the county court (“the court”).

(3) On receipt of such an application, the court has jurisdiction to—

(a) assess the account in such manner and at such time and place as the court thinks fit, and

(b) determine the amount payable to the returning officer.

(4) The court must notify the returning officer where an application under paragraph (1) is made, and the returning officer may apply to the court to examine the claim made against the returning officer in respect of matters charged in the account.

(5) The court must give the returning officer the opportunity to provide evidence in relation to the claim made against the returning officer, and this evidence may be provided orally and in writing.

(6) On assessing an account, the court must—

(a) consider any evidence provided by either party,

(b) allow, disallow or reduce the account, and

(7) No right of appeal exists in relation to any determination by the court under this article.

Loan of equipment for Senedd elections

25

Any ballot boxes, fittings and compartments provided by or belonging to a local authority must, on request (if not required for immediate use by that authority), be lent to a returning officer at a Senedd election on such terms and conditions as may be agreed.

Effect of registers

26

(1) Any entry in the register of electors, if it gives a date as that on which the person named will attain voting age, will, for any purpose of this Part relating to the person as elector, be conclusive that until the date given in the entry, that person is not of voting age nor entitled to be treated as an elector except for the purposes of a Senedd election at which the date fixed for the poll is that or a later date.

(2) Subject to paragraph (3), a person registered as a local government elector, or entered in the list of proxies, must not be excluded from voting at a Senedd election on any of the grounds set out in paragraph (5).

(3) Paragraph (2) does not prevent the rejection of the vote on a scrutiny, or affect the person’s liability to any penalty for voting.

(4) Paragraph (2) does not prevent the rejection of a person’s vote if that vote is challenged in accordance with Part 4 of this Order, or affect that person’s liability to any penalty for voting.

(5) The grounds referred to in paragraph (2) are that the person—

(a) is not of voting age,

(b) is not, or on the relevant date or the date of the person’s appointment, was not—

(i) a qualifying Commonwealth citizen,

(ii) a qualifying foreign citizen,

(iii) a citizen of the Republic of Ireland, or

(iv) a relevant citizen of the Union, or

(c) is, or on the relevant date or the date of the person’s appointment was, otherwise subject to any other legal incapacity to vote.

(6) In paragraph (5), the “relevant date” means the relevant date for the purposes of section 4 of the 1983 Act⁴³.

(7) Paragraph (1) applies to an entry in the record of anonymous entries as it applies to an entry in the register of electors.

Effect of misdescription

27

No misnomer or inaccurate description of any person or place named—

(a) in the register of electors, or

(b) in any list, record, proxy paper, nomination paper, ballot paper, notice or other document required for the purposes of this Order,

affects the full operation of the document with respect to that person or place in any case where the description of the person or place is such as to be commonly understood.

Discharge of registration duties

28

(1) Any of the duties and powers of a registration officer under this Order may be performed and exercised by any deputy for the time being approved by the county or county borough council which appointed the registration officer, and the provisions of this Order apply to any such deputy so far as respects any duties or powers to be performed or exercised by the deputy, as they apply to the registration officer.

(2) Any acts authorised or required to be done by, or with respect to, the registration officer under this Order may, in the event of incapacity of that officer to act or of a vacancy, be done by or with respect to the proper officer of the county or county borough council by whom the registration officer was appointed.

(3) A county or county borough council by whom a registration officer is appointed must assign such officers to assist the registration officer as may be required in carrying out the functions of the registration officer under this Order.

(4) When carrying out functions under this Order, a registration officer must comply with any general or specific directions which may be given by the Welsh Ministers under section 52 of the 1983 Act⁴⁴ (discharge of registration duties) where those directions have been issued on, and in accordance with, a recommendation of the Electoral Commission.

(5) In relation to paragraph (2), “proper officer” means a proper officer within the meaning of section 270(3) of the Local Government Act 1972⁴⁵.

Payment of expenses of registration officer

29

(1) Any expenses properly incurred by a registration officer in the performance of the functions of that officer under this Order (referred to in this Order as “registration expenses”) must be paid by the county or county borough council by whom the registration officer was appointed.

(2) Any fees paid to the registration officer under this Order must be accounted for by that officer and paid to the county or county borough council by whom the registration officer was appointed.

(3) On the request of a registration officer for an advance on account of registration expenses, the county or county borough council by whom the registration officer was appointed may, if it thinks fit, make such an advance to the registration officer of such an amount and subject to such conditions as it may approve.

Personation

30

(1) A person (“P”) commits an offence of a corrupt practice if P commits, or aids, abets, counsels or procures the commission of, the offence of personation.

(2) P is guilty of personation if P—

(a) votes in person or by post as some other person, whether as an elector or as proxy, and whether that other person is living or dead or is a fictitious person, or

(b) votes in person or by post as proxy—

(i) for a person who P knows or has reasonable grounds for supposing to be dead or to be a fictitious person, or

(ii) when P knows or has reasonable grounds for supposing that their appointment as proxy is no longer in force.

(3) For the purposes of this article, a person who has applied for a ballot paper for the purpose of voting in person or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, is deemed to have voted.

(4) Section 24A of the Police and Criminal Evidence Act 1984⁴⁶ (arrest without warrant: other persons) does not permit a person other than a constable to arrest, inside a polling station, a person who commits or is suspected of committing an offence under the preceding provisions of this article.

Other voting offences

31

(1) A person (“P1”) is guilty of an offence if—

(a) P1 votes in person or by post, whether as an elector or as proxy, or applies to vote by proxy or by post as elector at a Senedd election, or at Senedd elections, knowing that P1 is subject to a legal incapacity to vote at the election, or at elections of that kind,

(b) P1 applies for the appointment of a proxy to vote on P1’s behalf at a Senedd election, or at Senedd elections, knowing that P1 or the person to be appointed is subject to a legal incapacity to vote at the election, or at elections of that kind, or

(c) P1 votes, whether in person or by post, as proxy for some other person at a Senedd election, knowing that that person is subject to a legal incapacity to vote.

(2) For the purposes of paragraph (1), references to a person being subject to a legal incapacity to vote do not, in relation to things done before polling day at the election or first election at or for which they are done, include the person being below voting age if the person will be of voting age on that day.

(3) A person (“P2”) is guilty of an offence if—

(a) P2 votes as elector, otherwise than by proxy, either—

(i) more than once in the same constituency at any Senedd election,

(ii) in more than one constituency at a Senedd election, or

(iii) in any constituency at a Senedd election when there is in force an appointment of a person to vote as P2’s proxy at the election in some other constituency,

(b) P2 votes as elector in person at a Senedd election at which P2 is entitled to vote by post,

(c) P2 votes as elector in person at a Senedd election, knowing that a person appointed to vote as P2’s proxy at the election either has already voted in person at the election or is entitled to vote by post at the election, or

(d) P2 applies for a person to be appointed as P2’s proxy to vote for P2 at Senedd elections in any constituency without applying for the cancellation of a previous appointment of a third person then in force in respect of that or another constituency, or without withdrawing a pending application for such an appointment in respect of that or another constituency.

(4) A person (“P3”) is guilty of an offence if—

(a) P3 votes as proxy for the same elector either—

(i) more than once in the same constituency at any Senedd election, or

(ii) in more than one constituency at a Senedd election,

(b) P3 votes in person as proxy for an elector at a Senedd election at which P3 is entitled to vote by post as proxy for that elector, or

(c) P3 votes in person as proxy for an elector at a Senedd election knowing that the elector has already voted in person at the election.

(5) A person (“P4”) is guilty of an offence if P4 votes at a Senedd election in any constituency as proxy for more than two persons of whom P4 is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.

(6) A person is guilty of an offence if that person knowingly induces or procures some other person (“P5”) to do an act which is, or but for P5’s want of knowledge would be, an offence by P5 under the previous paragraphs of this article.

(7) Subject to paragraph (8), for the purposes of this article a person who has applied for a ballot paper for the purpose of voting in person, or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, is deemed to have voted.

(8) For the purpose of determining whether an application for a ballot paper constitutes an offence under paragraph (5), a previous application made in circumstances which entitle the applicant only to mark a tendered ballot paper will, if that person does not exercise that right, be disregarded.

(9) A person is not guilty of an offence under paragraph (3)(b) or (4)(b) only by reason of the person having marked a tendered ballot paper in pursuance of rule 50 of Schedule 5.

(10) A person found guilty of an offence under this article is guilty of an offence of illegal practice, but—

(a) the court before whom a person is convicted of any such offence may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of article 124, and

(b) a candidate will not be liable, nor will the candidate’s election be avoided, for an illegal practice under this article by any agent of the candidate’s other than an offence under paragraph (6).

Breach of official duty

32

(1) If a person to whom this article applies is, without reasonable cause, guilty of any act or omission in breach of that person’s official duty, that person is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) No person to whom this article applies will be liable to any penalty at common law for breach of that person’s official duty, and no action for damages will lie in respect of the breach by such a person of that person’s official duty.

(3) The persons to whom this article applies are—

(a) any registration officer, returning officer or presiding officer,

(b) any other person whose duty it is to be responsible after a Senedd election for the used ballot papers and other documents, including returns and declarations as to expenses,

(d) any deputy of a person mentioned in any of sub-paragraphs (a) to (c), or any person appointed to assist or in the course of that person’s employment assisting a person so mentioned in connection with that person’s official duties.

(4) Where—

(a) a returning officer for a Senedd election is guilty of an act or omission in breach of the returning officer’s official duty, but

(b) the returning officer remedies that act or omission in full by taking steps under article 21(1),

the returning officer will not be guilty of an offence under paragraph (1).

(5) Paragraph (4) does not affect any conviction which takes place, or any penalty which is imposed, before the date on which the act or omission is remedied in full.

(6) For the purposes of this article, “official duty” will not include duties imposed otherwise than by the law relating to Senedd elections or the registration of local government electors.

Tampering with nomination papers, ballot papers etc.

33

(1) A person is guilty of an offence if, at a Senedd election, that person—

(a) fraudulently defaces or fraudulently destroys any nomination paper, home address form or consent to nomination,

(b) fraudulently defaces or fraudulently destroys any ballot paper, or the official mark on any ballot paper, or postal voting statement or official envelope used in connection with voting by post,

(d) fraudulently puts into any ballot box, any paper other than the ballot paper which that person is authorised by law to put in the box,

(e) fraudulently takes out of the polling station any ballot paper,

(f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers then in use for the purposes of the election, or

(g) fraudulently or without due authority, attempts to do any of the acts described in sub-paragraphs (a) to (f).

(2) Paragraph (3) applies to—

(a) a returning officer,

(b) a presiding officer, and

(i) taking the poll,

(ii) counting the votes, or

(iii) proceedings in connection with the issue or receipt of postal ballot papers.

(3) If a person to whom this paragraph applies is guilty of an offence under this article, that person is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum, or to imprisonment for a term not exceeding 6 months, or to both, or

(b) on conviction on indictment to a fine, or to imprisonment for a term not exceeding 2 years, or to both.

(4) If any other person is guilty of an offence under this article that person is liable on summary conviction to—

(a) a fine not exceeding level 5 on the standard scale, or

(b) imprisonment for a term not exceeding 6 months, or to both.

(5) In relation to an offence committed after the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in paragraphs (3)(a) and (4)(b) to 6 months is to be taken to be a reference to 51 weeks.

False statements in nomination papers etc.

34

(1) A person (“P1”) is guilty of a corrupt practice if, at a Senedd election, P1 causes or permits to be included in a document delivered or otherwise given to a returning officer for use in connection with the election—

(a) a statement of the name or home address of a candidate at the election which P1 knows to be false,

(b) anything which purports to be the signature of a person who subscribes a nomination paper but which P1 knows—

(i) was not written by the person by whom it purports to have been written, or

(ii) if written by that person, was not written by that person for the purpose of subscribing that nomination paper, or

(c) a certificate under rule 7 of Schedule 5 (party nomination paper: name or description of registered political party) authorising the use by a registered political party of a description, if P1 knows that a candidate on that party’s list of candidates is also an individual candidate or a party list candidate for another registered political party at that Senedd election.

(2) A person (“P2”) is guilty of a corrupt practice if, in the case of an individual candidate, P2 makes in any document in which P2 gives consent to nomination as a candidate—

(a) a statement of P2’s date of birth,

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