Legalize / United Kingdom / Wales / Welsh-Statutory-Instrument

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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articles 1

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“broadcasting authority” (“awdurdod darlledu”) means the British Broadcasting Corporation, the Office of Communications or Sianel Pedwar Cymru;

“candidate” (“ymgeisydd”) means any individual or party list candidate standing nominated;

“relevant services” (“gwasanaethau perthnasol”)—in relation to the British Broadcasting Corporation or Sianel Pedwar Cymru, means services broadcast by that body, andin relation to the Office of Communications, means services licensed under Part 1 or 3 of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996.

Imitation poll cards and notifications

70

(1) A person is guilty of an offence if that person, for the purpose of promoting or procuring a particular result at a Senedd election, issues any poll card or notification or other documents so closely resembling an official poll card or notification as to be calculated to deceive.

(2) Article 68(2) and (3) applies as if an offence under this article were an offence under that article.

Election meetings

Schools and rooms for Senedd election meetings

71

(1) Subject to the other provisions of this article, an individual or party list candidate at a Senedd election is entitled to the use of, free of charge, and at reasonable times between the last day on which notice of the election may be published in accordance with the table in rule 1(1) of Schedule 5 and the day preceding the date of the poll—

(a) a suitable room in the premises of a school to which this article applies, or

(b) any meeting room to which this article applies.

(2) The purpose for which an individual candidate may use a room in accordance with paragraph (1) is to hold public meetings to promote or procure the giving of votes at that election to that candidate.

(3) The purpose for which a party list candidate may use a room in accordance with paragraph (1) is to hold public meetings to promote or procure votes at that election for the registered political party on whose party list the candidate is included.

(4) Subject to paragraph (5), this article applies to—

(a) a community, foundation or voluntary aided school the premises of which are situated in the Senedd constituency for which the election is held, or an adjoining Senedd constituency, and

(b) a meeting room situated in the Senedd constituency for which the election is held, or an adjoining Senedd constituency, the expense of maintaining which is payable wholly or mainly out of public funds or by a body whose expenses are so payable.

(5) A candidate is not entitled under this article to the use of a room in school premises or a meeting room located outside the Senedd constituency if—

(a) there is a suitable room in premises within the constituency which are reasonably accessible from the same parts of the constituency as those rooms in premises located outside the constituency, and

(b) those premises are ones to which this article applies.

(6) Where a room is used for a meeting in pursuance of the rights conferred by this article, the person by whom or on whose behalf the meeting is convened—

(a) must defray any expenses incurred in preparing, warming, lighting and cleaning the room and providing attendance for the meeting and restoring the room to its usual condition after the meeting, and

(b) must defray any damage done to the room or the premises in which it is situated, or the furniture, fittings or apparatus in the room or premises.

(7) A candidate is not entitled to exercise the rights conferred by this article except on reasonable notice, and this article does not authorise any interference with the hours during which a room in school premises is used for education purposes, or any interference with the use of a meeting room either for the purposes of the person maintaining it or under a prior agreement for its letting for any purpose.

(8) Schedule 8 makes further provision with respect to the rights conferred by this article and the arrangements to be made for their exercise.

(9) For the purposes of this article, except those of paragraph (6)(b), the premises of a school does not include any private dwelling, and in this article—

(a) “dwelling” includes any part of a building which is occupied separately as a dwelling,

(b) “meeting room” means any room which it is the practice to let for public meetings, and

Disturbances at Senedd election meetings

72

(1) A person who at a lawful public meeting to which this article applies acts, or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together, is guilty of an illegal practice.

(2) This article applies to a political meeting held in relation to the return of individual or party list candidates in any Senedd constituency during the period beginning with the last day on which notice of election may be published in accordance with the table set out in rule 1(1) of Schedule 5 and ending with the day of the poll.

(3) If a constable reasonably suspects any person (“P”) of committing an offence under paragraph (1), the constable may, if requested so to do by the chairperson of the meeting, require P to immediately declare P’s name and address to the constable and, if P refuses or fails do so, or gives a false name and address, P is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

Agency by election officials and canvassing by police officers

Officials not to act for candidates

73

(1) This article applies to any person who is—

(a) a returning officer,

(b) a person appointed under article 20 (returning officers: discharge of functions),

(d) any partner or clerk of any such person,

unless that person is a candidate.

(2) Any person to whom this article applies who acts as an agent for a candidate or a registered political party in the conduct or management of a Senedd election, is guilty of an offence.

(3) A person guilty of an offence under this article is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Illegal canvassing by police officers

74

(1) Subject to paragraph (3), it is an offence for a member of a police force to, by word, message, writing or in any other manner, endeavour to—

(a) persuade any person to give their vote, or

(b) dissuade any person from giving their vote,

whether as an elector or a proxy at a Senedd election for a constituency, which falls wholly or partly in the police area.

(2) A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) Nothing in paragraph (1) will subject a member of a police force to any penalty for anything done in the discharge of their duty as a member of the force.

False statements as to candidates

75

(1) Subject to paragraph (2), a person (“P”), or any director of any body or association corporate, is guilty of an illegal practice if P, or that director, makes or publishes any false statement of fact in relation to the personal character or conduct of any candidate—

(a) before or during a Senedd election, and

(b) for the purpose of affecting how a vote is given at the election.

(2) P or any director will not be guilty of an illegal practice under paragraph (1) if they can show that they had reasonable grounds for believing, and did believe, the statement to be true.

(3) Except in a case to which paragraph (4) applies, a candidate is not liable, nor will that candidate’s election be avoided, for any illegal practice under paragraph (1) committed—

(a) in the case of an individual candidate, by the candidate’s agent other than the candidate’s election agent;

(b) in the case of a party list candidate, by the agent of that party other than its election agent.

(4) This paragraph applies where—

(a) it can be shown that the candidate, including, in the case of a party list candidate, another candidate on the list, or the election agent has authorised or consented to the committing of the illegal practice by the other agent or has paid for the circulation of the false statement constituting the illegal practice, or

(b) an election court finds and reports that the election of the candidate was procured or materially assisted in consequence of the making or publishing of such false statements.

(5) A person making or publishing any false statement of fact as mentioned in this article may be restrained by interim or perpetual injunction by the High Court or county court from any repetition of that false statement or of a false statement of a similar character in relation to the candidate or candidates and, for the purpose of granting an interim injunction, prima facie proof of the falsity of the statement will be sufficient.

(6) Any person who, before or during a Senedd election, knowingly publishes a false statement of the withdrawal of any candidate at the election for the purpose of promoting or procuring a particular result at the election is guilty of an illegal practice.

(7) A candidate will not be liable, nor will that candidate’s election be avoided, for any illegal practice under paragraph (6) committed—

(a) in the case of an individual candidate, by the candidate’s agent other than the candidate’s election agent;

(b) in the case of a party list candidate, by the agent of that party, other than its election agent.

Corrupt withdrawal from candidature

76

Any person who corruptly induces or procures any other person to withdraw from being a candidate at a Senedd election, in consideration of any payment or promise of payment, and any person withdrawing in pursuance of the inducement or procurement, is guilty of an illegal payment.

Payments for exhibition of election notices

77

(1) No payment or contract for payment for the purpose of promoting or procuring a particular result at a Senedd election may be made to an elector or the elector’s proxy on account of the exhibition of, or the use of any house, land, building or premises for the exhibition of any address, bill or notice, unless—

(a) it is the ordinary business of the elector or proxy as an advertising agent to exhibit for payment bills and advertisements, and

(b) the payment or contract is made in the ordinary course of that business.

(2) If any payment or contract for payment is knowingly made in contravention of this article either before, during or after an election—

(a) the person making the payment or contract, and

(b) if that person knew it to be in contravention of this Order, any person receiving the payment or being a party to the contract,

is guilty of an illegal practice.

Printer’s name and address on election publications

78

(1) Subject to paragraph (2), this article applies to any material which can reasonably be regarded as intended to promote or procure a particular result at a Senedd election, whether or not it can be regarded as intended to achieve any other purpose as well.

(2) This article does not apply to material to which section 143 of the 2000 Political Parties Act⁵⁷ (details to appear on election material) applies.

(3) Material to which this article applies may only be published—

(a) in the case of material which is, or is contained in, a document mentioned in paragraph (5), (6) or (7), if it complies with the requirements of the relevant paragraph, or

(b) in the case of any other material, if it complies with any requirements which must be complied with in relation to the material by virtue of regulations under paragraph (8).

(4) For the purposes of paragraphs (5) to (7), the following details are “the relevant details” in the case of any material falling within paragraph (3)(a)—

(a) the name and address of the printer of the document,

(b) the name and address of the promoter of the material, and

(5) Where the material is a document consisting, or consisting principally, of a single side of printed matter, the relevant details must appear on the face of the document.

(6) Where the material is a printed document other than one to which paragraph (5) applies, the relevant details must appear either on the first or the last page of the document.

(7) Where the material is an advertisement contained in a newspaper or periodical—

(a) the name and address of the printer of the newspaper or periodical must appear either on its first or last page, and

(b) the relevant details specified in paragraph (4)(b) and (c) must be included in the advertisement.

(8) After consulting the Electoral Commission, the Welsh Ministers may make provision by regulations for and in connection with the imposition of requirements as to the inclusion in material falling within paragraph (3)(b) of the following details, namely—

(a) the name and address of the promoter of the material, and

(b) the name and address of any person on behalf of whom the material is being published, and who is not the promoter.

(9) Regulations under paragraph (8) may in particular specify—

(a) the manner and form in which such details must be included in any such material for the purpose of complying with any such requirement;

(b) circumstances in which—

(i) any such requirement does not have to be complied with by any person of any description specified in the regulations, or

(ii) a breach of any such requirement by a person of any description so specified is not to result in the commission of an offence under this article by that person or by a person of any other description;

(c) circumstances in which material is, or is not, to be taken for the purposes of the regulations to be published, or published by a person of any description so specified.

(10) Where any material within paragraph (3)(a) is published in contravention of paragraph (3), then, subject to paragraphs (12) and (13)—

(a) the promoter of the material,

(b) any other person by whom the material is so published, and

is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(11) Where any material falling within paragraph (3)(b) is published in contravention of paragraph (3), then, subject to regulations made by virtue of paragraph (9)(b) and paragraphs (12) and (13)—

(a) the promoter of the material, and

(b) any other person by whom the material is so published,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(12) It will be a defence for a person charged with an offence under this article to prove that—

(a) the contravention of paragraph (3) arose from circumstances beyond that person’s reasonable control, and

(b) that person took all reasonable steps, and exercised due diligence, to ensure that the contravention would not arise.

(13) Where—

(a) an individual candidate or the candidate’s election agent, or

(b) a party list candidate or the election agent of the registered political party in relation to that party’s list,

would, apart from this paragraph, be guilty of an offence under paragraph (10) or (11), that candidate or agent is instead guilty of an illegal practice.

(14) The power to make regulations under paragraph (8) is—

(a) exercisable by statutory instrument, and

(b) subject to annulment in pursuance of a resolution of the Senedd.

(15) For the purposes of section 1 of the Statutory Instruments Act 1946, paragraph (14) has effect as if contained in an Act of the Senedd.

(16) For the purpose of determining whether any material constitutes material falling within the remit of paragraph (1), it is immaterial that it does not expressly mention the name of any candidate.

(17) In this article—

“print” (“argraffu”) means print by whatever means;

“the promoter” (“yr hyrwyddwr”) in relation to any material to which this article applies, means the person causing the material to be published;

“publish” (“cyhoeddi”) means to make available to the public at large, or any section of the public, in whatever form and by whatever means.

Prohibition of paid canvassers

79

If, either before, during or after a Senedd election, a person (“P”) is engaged or employed for payment or promise of payment as a canvasser for the purpose of promoting or procuring a particular result at the election, both P and the person engaging or employing P are guilty of illegal employment.

Providing money for illegal purposes

80

(1) Subject to paragraph (2), a person is guilty of an illegal payment where that person knowingly provides money—

(a) for any payment which is contrary to the provisions of this Order,

(b) for any expenses incurred in excess of the maximum amount allowed by this Order, or

(2) Paragraph (1) does not apply where the payment or the incurring of the expenses may have been previously allowed in pursuance of article 120 (application for relief).

Bribery

81

(1) A person is guilty of a corrupt practice if that person is guilty of bribery.

(2) A person (“P1”) is guilty of bribery if P1, directly or indirectly—

(a) gives any money or procures any office—

(i) to or for any voter,

(ii) to or for any other person on behalf of any voter, or

(iii) to or for any other person,

in order to induce any voter to vote or refrain from voting,

(b) corruptly does any act mentioned in sub-paragraph (a) on account of any voter having voted or refrained from voting, or

(c) makes any gift or procures any office as mentioned in sub-paragraph (a) to or for any person in order to induce that person to procure, or endeavour to procure, a particular result at a Senedd election or the vote of any voter.

(3) A person (“P2”) is also guilty of bribery if upon, or in consequence of, a gift or the procurement of any office as mentioned in paragraph (2), P2 procures or engages, promises or endeavours to procure a particular result at a Senedd election or the vote of any voter.

(4) For the purposes of paragraph (2)—

(a) references to giving money include references to giving, lending, agreeing to give or lend, offering, promising, or promising to procure or endeavour to procure any money or valuable consideration, and

(b) references to procuring any office include references to giving, procuring, agreeing to give or procure, offering, promising, or promising to procure or to endeavour to procure any office, place or employment.

(5) A person (“P3”) is guilty of bribery if P3—

(a) advances or pays or causes to be paid any money to or for the use of any other person with the intent that that money or any part of it will be expended in bribery at a Senedd election, or

(b) knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at a Senedd election.

(6) Paragraphs (2) to (5) will not extend or be construed to extend to any money paid or agreed to be paid for or on account of any legal expenses incurred in good faith at or concerning a Senedd election.

(7) A voter is guilty of bribery if before or during a Senedd election that voter, directly or indirectly, receives, agrees, or contracts for any money, gift, loan or valuable consideration, office, place or employment for that voter or for any other person, for voting or agreeing to vote or for refraining or agreeing to refrain from voting.

(8) A person (“P4”) is guilty of bribery if after a Senedd election P4, directly or indirectly, receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting.

(9) In this article the expression “voter” includes any person who has or claims to have a right to vote.

Treating

82

(1) A person is guilty of a corrupt practice if that person is guilty of treating.

(2) A person is guilty of treating if that person corruptly either before, during or after a Senedd election, directly or indirectly gives or provides, or pays wholly or in part the expense of giving or providing, any food, drink, entertainment or provision to or for any person—

(a) for the purpose of corruptly influencing that person or any other person to vote or refrain from voting, or

(b) on account of that person or any other person having voted or refrained from voting, or being about to vote or refrain from voting.

(3) Every elector or proxy who corruptly accepts or takes any such food, drink, entertainment or provision is also guilty of treating.

(4) In this article a reference to a thing being done by a person includes a reference to a thing being done by or on behalf of that person.

Undue influence

83

(1) A person is guilty of a corrupt practice if the person is guilty of undue influence.

(2) A person (“P”) is guilty of undue influence if P carries out an activity falling within paragraph (4) for the purpose of—

(a) inducing or compelling a person to vote in a particular way or to refrain from voting, or

(b) otherwise impeding or preventing the free exercise of the franchise of an elector or of a proxy for an elector.

(3) A person (“P”) is also guilty of undue influence if P carries out an activity falling within any of sub-paragraphs (a) to (f) of paragraph (4) on account of—

(a) a person having voted in a particular way or refrained from voting, or

(b) P assuming a person to have voted in a particular way or to have refrained from voting.

(4) The following activities fall within this paragraph—

(a) using or threatening to use violence against a person;

(b) damaging or destroying, or threatening to damage or destroy, a person’s property;

(d) causing or threatening to cause financial loss to a person;

(e) causing spiritual injury to, or placing undue spiritual pressure on, a person;

(f) doing any other act designed to intimidate a person;

(g) doing any act designed to deceive a person in relation to the administration of an election.

(5) For the purposes of paragraphs (2) and (3) an activity is carried out by a person (“P”) if it is carried out—

(a) by P,

(b) by P jointly with one or more other persons, or

(6) In paragraph (4)(f) and (g) “act” includes an omission, and references to the doing of an act are to be read accordingly.

Rights of creditors

84

The provisions of this Part prohibiting—

(a) payments and contracts for payments,

(b) the payment or incurring of election expenses in excess of the maximum amount allowed by this Order, or

do not affect the right of any creditor who, when the contract was made or the expense was incurred, was ignorant of that contract or expense being in contravention of this Order.

Savings as to Senedd election

85

(1) Where a person has been declared by others to be a candidate at a Senedd election without that person’s consent, nothing in this Part is to be construed to impose any liability on that person, unless that person has afterwards given assent to the declaration or has been nominated.

(2) Subject to paragraph (3), nothing in this Part makes it illegal for an employer to permit electors at Senedd elections or their proxies to absent themselves from the employer’s employment for a reasonable time for the purpose of voting at the poll at a Senedd election without having any deduction from their salaries or wage on account of their absence, if the permission—

(a) is, so far as practicable without injury to the employer’s business, given equally to all persons alike who are at the time in the employer’s employment,

(b) is not given with a view to inducing any person to vote in a particular way at the election, and

(c) is not refused to any person for the purpose of preventing that person from voting in a particular way at the election.

(3) Paragraph (2) is not to be construed as making illegal any act which would not be illegal apart from that paragraph.

PART 4 — Legal Proceedings

Interpretation of Part 4

86

In this Part—

“the 1960 Rules” (“Rheolau 1960”) means the Election Petition Rules 1960⁵⁸ as modified by Schedule 9 to this Order. The rules prescribe the process that must be followed in relation to an election petition;

“authorised person” (“person awdurdodedig”) means a person (other than a barrister or solicitor) who, for the purposes of the Legal Services Act 2007⁵⁹, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act);

“candidate” (“ymgeisydd”) has the same meaning as in Part 3 of this Order and the saving provision in article 85(1) applies in relation to this Part as in relation to Part 3;

“costs” (“costau”) include charges and expenses;

“Licensing Acts” (“Deddfau Trwyddedu”) means the Licensing Act 2003⁶⁰ and the acts amending that Act, or the corresponding enactments forming part of the law of Scotland or Northern Ireland;

“parliamentary election petition” (“deiseb etholiad seneddol”) means a petition presented in pursuance of Part 3 of the 1983 Act;

“prescribed” (“rhagnodedig”) means prescribed by rules of court, in particular the 1960 Rules as modified by Schedule 9 to this Order;

“prescribed officer” (“swyddog rhagnodedig”) means the master of the Kings Bench Division who is nominated under section 157(4) of the 1983 Act⁶¹ and will be the prescribed officer in relation to elections under Part 1 of the 2006 Act;

“relevant vacancy” (“sedd wag berthnasol”) means when a seat of a member of the Senedd returned from a list submitted by a registered political party is vacant within the circumstances described in section 11 of the 2006 Act⁶²;

“return” (“dychwelyd”) means the return of a member of the Senedd.

Method of questioning Senedd election

87

(1) A Senedd election or return may be questioned only by presenting a petition (“a Senedd election petition”) in accordance with this Part.

(2) A Senedd election petition may complain of an—

(a) undue election, or

(b) undue return.

(3) A complaint relating to a relevant vacancy in a constituency falls within the remit of paragraph (2)(b).

(4) A Senedd election petition complaining of no return will be considered by the High Court which may—

(a) make such order on the petition as they think appropriate for compelling a return to be made, or

(b) allow the petition to be heard by an election court.

Rules of procedure

88

(1) Subject to any rules made under paragraph (2), the 1960 Rules have effect in relation to a Senedd election petition, subject to any modifications set out in Schedule 9, as if those rules were made in exercise of the power conferred by paragraph (2).

(2) The authority⁶³ having the power to make rules for the senior courts of England and Wales may make rules for the purposes of this Part and Part 3 of this Order.

(3) The power to make rules is exercisable by statutory instrument, and for the purpose of section 1 of the Statutory Instruments Act 1946 is to be treated as if contained in an Act of Parliament.

(4) A statutory instrument made under this article is subject to annulment in pursuance of a resolution of either House of Parliament.

Presentation and service of Senedd election petition

89

(1) A Senedd election petition may be presented by one or more of the following persons—

(a) a person who voted as an elector at the election or who had a right to vote,

(b) a person claiming to have had a right to be elected or returned at the election,

(d) a person claiming to have had a right to be returned in respect of a relevant vacancy.

(2) Paragraph (1)(a) does not include a person who had an anonymous entry in the register of electors.

(3) The respondent to a Senedd election petition is—

(a) the member of the Senedd whose election or return is complained of, or

(b) the returning officer where the petition complains of the returning officer’s conduct.

(4) The petition must—

(a) be in the prescribed format,

(b) state the prescribed matters, and

(5) The petition must be presented to the High Court by delivering it to the prescribed officer, or otherwise dealing with it in the prescribed manner.

(6) The prescribed officer must send a copy of the petition to the returning officer for the Senedd constituency to which the petition relates.

(7) The returning officer must immediately publish the petition in that constituency.

(8) The petition must be served in the prescribed manner.

Time for presentation or amendment of Senedd election petition

90

(1) Subject to the provisions of this article, a Senedd election petition must be presented within 21 days after the day on which the name of any member, whose election or return the petition relates to, has been returned to the Clerk in accordance with Schedule 5 (Senedd election rules).

(2) When a petition questions the election or return due to an allegation of corrupt practice and specifically alleges that, since the time of the return, in pursuance or furtherance of the alleged corrupt practice, a payment of money or other reward has been made—

(a) by the member whose election or return is being challenged in the petition,

(b) on the member’s behalf, or

the petition may be presented within 28 days after the date of the payment.

(3) When a petition questions the election or return due to an allegation of an illegal practice, it may be presented in connection with that illegal practice—

(a) within 21 days after the day specified in paragraph (4), or

(b) if the petition specifically alleges that in pursuance or furtherance of the alleged illegal practice, a payment of money or other act has taken place—

(i) by the member whose election or return is being challenged in the petition,

(ii) by that member’s agent, or

(iii) with the knowledge of that member or the member’s election agent,

within 28 days after the date of the payment or other act.

(4) The day referred to in paragraph (3)(a) is the tenth day after the end of the time allowed for delivering returns as to election expenses at the election or, if later—

(a) where that member was an individual candidate, the day on which the returning officer receives the return and declarations as to election expenses by that member and the election agent,

(b) where that member was a party list candidate, the day on which—

(i) the Electoral Commission receives the return and declaration as to election expenses by the treasurer of the registered political party, and

(ii) the returning officer receives the declaration as to personal expenses by that member,

(d) where there is an authorised excuse for failing to make the return and declarations, the date of the allowance of the authorised excuse, or if there was a failure as regards two or more of them, and the excuse was allowed at different times, the date of the allowance of the last authorised excuse.

(5) A Senedd election petition presented within the time limited by paragraph (1) or (2) may, for the purpose of questioning the election or return upon an allegation of an illegal practice, be amended with the leave of the High Court within the time which a petition may be presented under paragraph (3).

(6) Paragraphs (3) to (5) apply—

(a) notwithstanding that the act constituting the alleged illegal practice amounted to a corrupt practice, and

(b) to a corrupt practice under article 47 (individual candidates: prohibition of expenses not authorised by election agent etc), as if it were an illegal practice.

(7) For the purposes of this article, an allegation that an election is avoided under article 117 is to be deemed to be an allegation of corrupt practice, notwithstanding that the offences alleged are or include offences other than corrupt practices.

Constitution of election court and place of trial

91

(1) A Senedd election petition must be tried by an election court consisting of two judges on the rota for the trial of parliamentary election petitions.

(2) The judges on the rota must, unless they agree otherwise, try any Senedd election petitions standing for trial according to their seniority.

(3) Subject to the provisions of this Order, the election court has the same powers, jurisdiction and authority as a judge of the High Court and is a court of record.

(4) The place of trial must be within the Senedd constituency for which the election was held, but the High Court may appoint an alternative place for the trial if it is satisfied that special circumstances render it desirable for the Senedd election petition to be tried elsewhere.

(5) The election court may adjourn the trial from one place to another within the Senedd constituency.

Judges’ expenses and reception

92

In relation to the trial of a Senedd election petition the following expenses are to be paid out of the Welsh Consolidated Fund—

(a) the travelling and other expenses of the judges, and

(b) all expenses properly incurred in providing them with necessary accommodation and with a proper court.

Attendance of shorthand writer

93

(1) The Senedd must require a shorthand writer to attend the trial of a Senedd election petition.

(2) The shorthand writer must be sworn in by one of the judges of the election court to take down the evidence given at the trial and to transcribe that evidence, or cause it to be transcribed.

(3) The shorthand writer must take down the evidence and transcribe or cause it to be transcribed.

(4) A copy of the evidence must accompany the certificate given by the election court to inform the Senedd.

Security for costs

94

(1) The petitioner must, at the time of presenting or within 3 days after presenting the Senedd election petition, give security for all costs which may become payable by them to—

(a) any witness summoned by the petitioner, or

(b) any respondent.

(2) On an application by the petitioner, the security must be of the amount directed by the High Court, or a judge of the High Court, and must not exceed £5,000.

(3) The security must be given in the prescribed manner by—

(a) recognizance entered into by not more than four sureties,

(b) a deposit of money, or

(4) After giving the security, the petitioner must, within the prescribed time and manner, serve on the respondent and any other prescribed party—

(a) notice of the petition,

(b) notice of the amount and nature of the security,

(d) any affidavit accompanying any recognizance.

(5) The respondent may object in writing, in the prescribed manner, to any recognizance on the ground that—

(a) any surety—

(i) is unable to meet the recognizance they have entered into,

(ii) is deceased, or

(iii) cannot be found or identified due to an insufficient description in the recognizance, or

(b) that a person named in the recognizance has not acknowledged the recognizance.

(6) Any objection to a recognizance must be decided in the prescribed manner by the court or prescribed officer.

(7) If the objection is allowed, the petitioner may remove it by depositing, in the prescribed manner, a sum of money that will, in the opinion of the court or the prescribed officer, make the security sufficient.

(8) If no security is given, or if any objection is allowed and not removed as set out in paragraph (7), the petition must not proceed.

Petition at issue

95

The Senedd election petition will be at issue—

(a) when the petitioner gives the security for costs by a deposit of money equal to the amount of the security required, the time when the security is given, and

(b) in any other case, whichever of the following happens later—

(i) when the time prescribed for the making of objections under article 94(5) expires, or

(ii) when an objection is made, the time that objection is disallowed or removed.

List of petitions

96

(1) The prescribed officer must—

(a) as soon as practicable, make a list of all Senedd election petitions at issue placing them in the order in which they were presented, and

(b) keep the list of petitions at their office, which must be open for inspection in the prescribed manner.

(2) The petitions must, so far as convenient, be tried in the order in which they stand in the list.

(3) Where more than one petition is presented relating to the same Senedd election, the petitions must—

(a) be listed together in the election court list unless otherwise directed by the High Court, and

(b) be dealt with as one petition standing in the place where the last of them would have stood in the election court list if it had been the only petition presented.

Trial of petition

97

(1) A Senedd election petition must be tried in open court without a jury.

(2) The prescribed officer must give notice of the time and place of the trial in the prescribed manner, and not less than 14 days before the day of trial.

(3) The trial must, as far as is practicable, be heard on every lawful day until its conclusion, but the election court may adjourn the trial if it is in the interests of justice to do so.

(4) The trial must proceed, notwithstanding a respondent resigning their seat or becoming disqualified from being a Senedd member, such that the seat is vacant.

(5) Unless the court otherwise directs, any charge of corrupt practice may be examined, and evidence in relation to it received, before proof has been provided of agency on behalf of any candidate in respect of the corrupt practice.

(6) When a petition complains of an undue election or return and claims a seat for a person, the respondent may give evidence to prove that person was not duly elected or was incapable of being duly returned in the same manner as if the respondent had presented a petition against the election or return of that person.

(7) When, in relation to a Senedd election petition, it appears that two or more individual candidates or registered political parties have the same seat allocation figure, and that the addition of a vote would entitle any of those individual candidates or any party list candidate of those parties to be declared elected, as provided for in the Senedd election rules, then—

(a) any decision under the provisions in rule 63 of Schedule 5 will, in so far as it determines the question as to who is elected, be effective also for the purposes of the petition, and

(b) in so far as that question is not determined by such a decision, the court must decide between the individual candidates or registered political parties by lot, and proceed as if the one on whom the lot then falls had received an additional vote.

(8) For the purposes of this article, “seat allocation figure” is the figure determined in accordance with section 8 of the 2006 Act⁶⁴.

Witnesses

98

(1) Witnesses at the trial of a Senedd election petition must be summoned and sworn in at the trial in the same manner as other actions tried in the High Court.

(2) The election court may, by order, require any person involved in the Senedd election or return to a relevant vacancy to attend the trial as a witness.

(3) Any person refusing to comply with an order issued under paragraph (2) is guilty of contempt of court.

(4) The election court may examine any person required to attend as a witness or who is in court despite that person not being called and examined by any party to the petition.

(5) A witness may, after examination by the court, be cross-examined by or on behalf of the petitioner and a respondent, or either of them.

(6) The Director of Public Prosecutions may—

(a) without direction from the court, cause any person able to give material evidence to attend the trial, and

(b) with leave of the court, examine that person as a witness.

Duty to answer relevant questions

99

(1) A person called as a witness before an election court will not be excused from answering any question relating to any offence connected with the Senedd election or return on the grounds—

(a) that the answer to it may incriminate that person or that person’s spouse or civil partner, or

(b) of privilege.

(2) An answer by a person to a question put by or before an election court will not, except in the case of any criminal proceedings for perjury, be admissible in evidence against that person or that person’s spouse or civil partner.

Expenses of witnesses

100

(1) The reasonable expenses incurred by a person in connection with their attendance to give evidence at the trial may be allowed by a certificate of the election court or prescribed officer.

(2) The amount of expenses allowed under paragraph (1) must be in accordance with allowances given to a person who attends a trial of a civil action.

(3) If the witness was called and examined by virtue of article 98(2), the expenses referred to in paragraph (1) must be deemed part of the expenses of providing a court, but otherwise they are deemed costs of the petition.

Conclusion of trial of Senedd election petition

101

(1) At the conclusion of the trial, the election court must determine whether—

(a) the Senedd member or members whose election or return is complained of was or were duly elected or returned,

(b) some other person or persons should have been declared to be elected or returned, or

(2) The determination of the election court will be final as to the matters at issue on the Senedd election petition.

(3) The election court must, immediately, certify in writing the determination to the Presiding Officer of the Senedd.

(4) If the judges constituting the election court differ as to any matter which they are required to determine, they must certify that difference and, except to the extent that the judges are agreed otherwise, the result of the election will stand.

(5) The election court must make a report to the Presiding Officer of the Senedd when a Senedd election petition claims any corrupt or illegal practice has been committed at a Senedd election as required by articles 110 and 111.

(6) A report required by paragraph (5) must—

(a) state whether corrupt or illegal practices have, or whether there is reason to believe that such have, extensively prevailed at the election, and

(b) be sent to the Presiding Officer of the Senedd at the same time as the written determination of trial.

(7) The election court may at the same time make a special report to the Presiding Officer of the Senedd detailing matters that arose during the trial which, in the court’s judgement, should be submitted to the Senedd.

(8) Every report sent to the Presiding Officer of the Senedd under this article must be signed by both judges of the election court, and if the judges differ as to the subject of the report, they must certify that difference and make no report on the subject on which they differ.

(9) A certificate or report of an election court provided under this article must be published by the Presiding Officer of the Senedd.

Election determined to be void by election court

102

(1) When the election court determines the election void, subject to paragraph (3), the Presiding Officer of the Senedd must immediately after receipt of the certificate from the election court—

(a) fix a date in accordance with paragraph (2) for a poll to be held at another election in the Senedd constituency for which the election is determined to be void, and

(b) send a notice in accordance with paragraph (4) to the returning officer for the Senedd constituency in which the election was held.

(2) The date fixed must not be later than 3 months after receipt of the certificate from the election court.

(3) An election must not be held if it appears to the Presiding Officer of the Senedd that the latest date which may be fixed for the poll would fall within the period of 3 months preceding a Senedd general election.

(4) A notice under paragraph (1)(b) must—

(a) state that the election has been determined to be void,

(b) require that the election is held again for the purpose of returning the members for that Senedd constituency, and

Special case for determination of High Court

103

(1) If any party to a Senedd election petition makes an application as prescribed to the High Court, and it appears to the court that the petition can be conveniently stated as a special case, the court may direct the case to be stated as such.

(2) A special case must be heard by the High Court.

(3) The High Court must certify its decision on the special case to the Presiding Officer of the Senedd, who must publish any such certificate received.

(4) If it appears to the election court on the trial of a Senedd election petition that any question of law as to the admissibility of evidence or otherwise requires further consideration by the High Court, the election court may postpone the granting of a certificate until the question has been determined by the High Court, and for this purpose may reserve the question by stating a case for the decision of the High Court.

Withdrawal of petition

104

(1) A Senedd election petition may only be withdrawn with leave of the election court or High Court on special application.

(2) An application for leave under paragraph (1) must be made in the prescribed manner and at the prescribed time and place.

(3) Where there is more than one petitioner, the application must not be made without the consent of all the petitioners.

(4) If a petition is withdrawn, the petitioner will be liable to pay the costs of a respondent.

Costs of petition

105

(1) All costs of and incidental to a Senedd election petition and the proceedings consequent on it, except as otherwise provided for by this Order, must be met by the parties to the petition as determined by the election court or High Court.

(2) Costs may be ordered to be paid by the parties who incurred or caused those costs, whether or not they are on the whole successful, when—

(a) any costs are, in the opinion of the court, caused by vexatious conduct, unfounded allegations, or unfounded objections on the part of either a petitioner or respondent, and

(b) any unnecessary expenses are incurred or caused on the part of a petitioner or respondent.

Neglect or refusal to pay costs

106

(1) The High Court may hold in default any person who entered into a recognizance relating to a Senedd election petition where paragraph (2) applies.

(2) This paragraph applies where—

(a) a petitioner has neglected or refused to pay any costs certified to be paid by the petitioner to—

(i) a witness who was summonsed by the petitioner, or

(ii) the respondent, and

(b) the neglect or refusal—

(i) has continued for a period of 6 months after the demand, and

(ii) has been proved to the satisfaction of the High Court within one year after the demand.

(3) Where this article applies—

(a) the prescribed officer must immediately certify the recognizance to be forfeited, and

(b) the matter must be dealt with as if forfeited by the Crown Court.

Further provision as to costs

107

(1) The election court may, subject to paragraph (2), make an order as to the whole or part of the costs in connection with the trial of a Senedd election petition when it appears—

(a) that a corrupt practice has not been proved to have been committed in relation to a Senedd election by or with the knowledge and consent of the respondent to the petition, and

(b) the respondent took all reasonable steps to prevent corrupt practices being committed on the respondent’s behalf.

(2) If it is proved that any person or persons, whether by providing money or otherwise, have been extensively engaged in corrupt practices, or have encouraged or promoted extensive corrupt practices in relation to the Senedd election, the court may—

(a) order the whole or part of the costs to be paid by that person or persons, and

(b) order that, if the costs cannot be recovered from one or more of those persons, the costs must be paid by some other of those persons or either of the parties to the petition.

(3) Where paragraph (2) applies, a person must be given the opportunity to show cause as to why the costs order should not be made by—

(a) being legally represented, and

(b) examining and cross-examining witnesses.

(4) Where any person appears to the election court to have been guilty of a corrupt or illegal practice, the court may order the whole or any part of the costs relating to any proceedings before the court in relation to that offence or to that person, be paid by that person as directed by the court.

(5) Where paragraph (4) applies, a person must be given the opportunity of making a statement to show why the order should not be made.

Appeals

108

(1) Special leave of the High Court is required before an application may be made to appeal a decision of that court on any question of law, whether on appeal or otherwise, under the previous provisions of this Part.

(2) Where leave to appeal is granted, a decision made by the Court of Appeal will be final and conclusive.

Jurisdiction

109

(1) Subject to the provisions of this Order, the principles, practice, and rules on which election courts act in dealing with parliamentary election petitions must be observed by the High Court and election court in the case of Senedd election petitions so far as appropriate having regard to the different system of election.

(2) The High Court has, subject to the provisions of this Order, the same powers, jurisdiction, and authority with respect to a Senedd election petition and the proceedings on it as if the petition were an ordinary action within its jurisdiction.

(3) The duties to be performed in relation to Senedd elections by the prescribed officer under this Part will be performed by one or more of the masters of the Senior Court (King’s Bench Division) as the Lord Chief Justice may determine.

Report as to a person’s guilt of corrupt or illegal practice

110

(1) Subject to paragraphs (2) and (3), the report of the election court under article 101 must state the names of all persons who have been proved at the trial to have been guilty of any corrupt or illegal practice.

(2) The election court must cause notice to be given to the following persons before they are proved guilty of any corrupt or illegal practice, and their details included in the report in accordance with paragraph (1)—

(a) a person who is not a party to the Senedd election petition, or

(b) a person who is not a candidate on behalf of whom the seat is claimed by the Senedd election petition.

(3) When a person appears in pursuance of the notice in accordance with paragraph (2), the election court must provide an opportunity for that person to be heard and allow that person to call evidence to defend why they should not be reported guilty.

(4) The report must be sent to the Director of Public Prosecutions.

(5) This article does not apply where a Senedd election petition relates to a relevant vacancy return.

Report as to candidate’s guilt of corrupt or illegal practice

111

(1) A report of an election court under article 101 must state—

(a) whether any corrupt or illegal practice has or has not been proved to have been committed by, or with the knowledge and consent of, any candidate at the Senedd election,

(b) whether any of the candidates have at the Senedd election been guilty, due to the actions of their agents, of any corrupt or illegal practice in relation to the election, and

(2) For the purposes of articles 112 and 113—

(a) if it is reported that a corrupt practice, other than treating or undue influence, was committed with the knowledge and consent of a candidate, the candidate must be treated as being reported personally guilty of that corrupt practice, and

(b) if it is reported that an illegal practice was committed with the knowledge and consent of a candidate, the candidate must be treated as being reported personally guilty of that illegal practice.

(3) Where a candidate is reported by the election court of being guilty of treating, undue influence or any illegal practice due to the actions of their agents, that candidate must not be treated for the purposes of article 112 as having been reported guilty of the offences mentioned in the report if the election court reports that the candidate has proved—

(a) that no corrupt or illegal practice was committed at the election by the candidate or the candidate’s election agent, and the offences mentioned in the report were committed contrary to the orders and without the consent or connivance of the candidate or the candidate’s election agent,

(b) that the candidate and the candidate’s election agent took all reasonable steps for preventing the commission of corrupt and illegal practices at the election,

(d) that in all other respects the election was free from any corrupt or illegal practice on the part of the candidate and of the candidate’s agents.

(4) References in this article to a candidate, the candidate’s agents or the candidate’s election agent, will, as appropriate, apply to a party list candidate and the agent or election agent of the registered political party in relation to the list submitted by that party and on which that party list candidate is included.

(5) This article does not apply where a Senedd election petition relates to a relevant vacancy return.

Consequence of a candidate being reported guilty of corrupt or illegal practice

112

When an elected candidate is reported by an election court to be personally guilty or guilty by their agents of any corrupt or illegal practice, that candidate’s election will be void.

Incapacities of being reported personally guilty of corrupt or illegal practice

113

(1) Subject to the provisions of paragraph (2) and article 125, a candidate or other person reported by an election court to be personally guilty of corrupt or illegal practice under this Order will, during the relevant period specified in paragraph (3), be incapable—

(a) of being registered as an elector or voting at any Senedd or local government election in Wales, or

(b) of being elected to the Senedd or as a member of a local authority in Wales, and if already elected to a seat in the Senedd or as a member of a local authority in Wales, must vacate the seat or office as from the date of the report.

(2) The incapacities imposed by paragraph (1)(a) apply only to a candidate or other person reported personally guilty of a corrupt practice under article 13(5) or 30 or of an illegal practice under article 31.

(3) For the purpose of paragraph (1), the relevant period is the period beginning with the date of the report and ending—

(a) in the case of a person reported personally guilty of a corrupt practice, five years after that date, and

(b) in the case of a person reported personally guilty of an illegal practice, three years after that date.

(4) The provisions of this article as to the consequences of the report that a candidate was guilty by the candidate’s agents of a corrupt or illegal practice, have effect subject to the express provisions of this Order relating to particular acts which are declared to be corrupt or illegal practices.

Justice of the peace

114

Where a justice of the peace is reported by an election court to be guilty of any corrupt practice in relation to a Senedd election, the court must report the case, together with such evidence as may have been given of the corrupt practice, to—

(a) the Lord Chancellor and the Lord Chief Justice, or

(b) in the case of a justice of the peace for any area in Scotland, to the Secretary of State.

Members of legal and certain other professions

115

Where a barrister, advocate, solicitor, authorised person or any person who belongs to any profession the admission to which is regulated by law, is reported by an election court to have been guilty of any corrupt practice in relation to a Senedd election—

(a) the court must bring the matter before the Inn of Court, Faculty of Advocates, High Court, tribunal, or other body having power to act upon any misconduct of the person in that profession, and

(b) the Inn of Court, Faculty of Advocates, High Court, tribunal, or other body may deal with that person as if the corrupt practice were misconduct in that profession.

Holder of licence or certificated under Licensing Acts

116

(1) If it appears to an election court that a person (“P”), holding a licence or certificate under the Licensing Acts, has knowingly permitted any bribery or treating in relation to any Senedd election to take place on P’s licensed premises, the court must—

(a) report the fact, after affording P the same rights as are conferred on those about to be reported under article 110(2), and

(b) bring the report before the licensing authority from whom, or on whose authority, P obtained the licence, and the licensing authority must enter the report in the appropriate register of licences.

(2) The entry of the report in that register must be taken into consideration by the licensing authority when determining whether to grant a renewal of P’s licence or certificate and may be a ground for refusing renewal if the authority thinks fit.

Avoidance of election for general corruption

117

(1) A person’s election is void, and that person is incapable of being elected to fill any vacancies for which the election was held if it is shown that—

(a) an act of corrupt or illegal practice or illegal payment or employment was committed for the purpose of promoting or procuring the election of that person, and

(b) that act may have affected the election result.

(2) If it is shown that an act referred to in paragraph (1)(a) affects the votes for a registered political party, that act will be treated as having occurred for the purpose of promoting or procuring the election of each candidate on that party’s list, resulting in each candidate’s election being void and rendering them incapable of standing to fill any vacancies for which the election was held.

(3) An election is not liable to be avoided otherwise than under this article by reason of general corruption, bribery, treating or intimidation.

Avoidance of election for employing corrupt agent

118

(1) A candidate is incapable of being elected to fill the vacancy for which the election is held if that candidate, or the election agent—

(a) personally engages as a canvasser or agent, for the conduct or management of the election, another person who has an incapacity to vote at the election, and

(b) knows, or has reasonable grounds to suspect, that person to have an incapacity to vote at the election.

(2) Paragraph (1) applies to the election agent for an individual candidate and the election agent of the registered political party on whose party list the candidate’s name appeared.

(3) For the purpose of paragraph (1), a person is subject to an incapacity to vote if that person is convicted or reported for any corrupt or illegal practice within the meaning of—

(a) this Order,

(b) the 1983 Act,

(d) the Electoral Law Act (Northern Ireland) 1962⁶⁵.

(4) In relation to party list candidates, the incapacity imposed by paragraph (1) applies when—

(a) the election agent engages the canvasser or agent to each candidate on the party list, or

(b) the party list candidate engages the canvasser or agent only to that candidate.

(5) Subject to paragraph (6), a vote is not deemed to be thrown away so as to entitle another candidate to be declared elected if a vote is given for—

(a) an individual candidate, who at the time of the election was incapable of being elected by virtue of this article, or

(b) a registered political party, where at the time of the election each candidate included on the party’s list was incapable of being elected by virtue of this article.

(6) A vote in paragraph (5) will be deemed to be thrown away when it is given at a poll consequent on the decision of an election court that the candidate was so incapable.

Votes to be struck off for corrupt or illegal practices

119

(1) When a Senedd election petition is claiming the seat for any person, and it is proved that a candidate by themselves, or by any person on their behalf, is guilty of bribery, treating or undue influence in respect of any person who voted at the election, there must, on a scrutiny, be one vote struck off in accordance with paragraph (2) for each person who voted at the election and who is proved to have been so bribed, treated or unduly influenced.

(2) The vote referred to in paragraph (1) will be struck off from the number of votes appearing to have been given to—

(a) the individual candidate, or

(b) the registered political party on whose party list the party list candidate appears.

(3) A vote by a person at a Senedd election will be void if that person is guilty of a corrupt or illegal practice or of illegal payment, employment or hiring.

(4) A vote by a person at a Senedd election will be void if that person is subject to an incapacity to vote due to corrupt or illegal practices under any enactment at—

(a) a Senedd election,

(b) an election to the House of Commons,

(d) an election to the Northern Ireland Assembly,

(e) a local government election, or

(f) an election for a Police and Crime Commissioner.

Application for relief

120

(1) An application for relief under this article may be made to—

(a) the High Court,

(b) an election court, or

(c) a county court when in relation to a payment made in contravention of article 51(1) or (2) (time for sending in and paying claims).

(2) An applicant must notify the Director of Public Prosecutions of the application.

(3) The Director of Public Prosecutions, or an assistant or representative of the Director may attend the hearing and make representations in respect of the application.

(4) The court may make an order to exempt an act or omission that would otherwise, under the provisions of this Order, be an illegal practice, payment, employment or hiring, if—

(a) there is sufficient evidence that—

(i) the act or omission by any person would, if not for this article, be an illegal practice, payment, employment or hiring,

(ii) the act or omission that arose was unintentional or inadvertent, and in any case did not arise in bad faith, and

(iii) notice of the application has been given, as to the court seems fit, in the Senedd constituency for which the election was held, and

(b) it seems to the court to be just, under the circumstances, that no person should be subject to any of the consequences under this Order for the act or omission.

(5) When the court grants an order under paragraph (4), no person will be subject to any consequences under this Order for the act or omission.

Prosecutions for corrupt practices

121

(1) A person guilty of a corrupt practice is liable—

(a) on conviction on indictment—

(i) for a corrupt practice under article 13(5) or 30, to imprisonment for a term not exceeding 2 years or a fine, or both;

(ii) in any other case, to imprisonment for a term not exceeding 1 year or a fine, or both;

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

(2) When an offence is committed after the commencement of section 281(5) of the Criminal Justice Act 2003⁶⁶, the reference in paragraph (1)(b) to 6 months is to be taken to be 51 weeks.

(3) When a person holding a licence or certificate under the Licensing Acts is convicted of the offence of bribery or treating, and that offence was committed on that person’s licensed premises, the court must direct the conviction to be entered in the proper register of licences.

(4) After the conviction is entered in the proper register of licences, that entry must be taken into consideration by the licensing authority when determining whether or not to grant a renewal of the licence or certificate and may be a ground for refusing its renewal.

Prosecutions for illegal practices

122

(1) A person guilty of an illegal practice is liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

(2) On a prosecution for an illegal practice, it will be sufficient to allege that the person charged is guilty of an illegal practice.

Conviction of illegal practice on charge of corrupt practice

123

(1) A person charged with a corrupt practice may be found guilty of an illegal practice, if the circumstances warrant such a finding.

(2) A conviction for an offence under paragraph (1) is, for that purpose, an indictable offence.

(3) A person charged with an illegal practice may be found guilty of that offence notwithstanding that the act constituting the offence amounted to a corrupt practice.

Incapacities on conviction of corrupt or illegal practice at a Senedd election

124

(1) Subject to paragraph (3), a person (“P”) convicted of a corrupt or illegal practice will be incapable during the relevant period of being—

(a) registered as an elector or voting at any Senedd or local government election in Wales, or

(b) elected to the Senedd or a local authority in Wales, and if already elected to a seat in the Senedd or as a member of a local authority in Wales, P must vacate the seat or office in accordance with paragraphs (5) and (6).

(2) Where paragraph (1)(b) applies to P and at the time of P’s conviction, P is already elected to a seat in the Senedd or is a member of a local authority in Wales, P must–—

(a) vacate the seat or office in accordance with paragraphs (5) and (6), and

(b) be suspended from performing any of P’s functions as a Senedd member, or any of the functions of the office to which P was elected, during the period specified in paragraph (8).

(3) The incapacity imposed by paragraph (1)(a) applies only to a person convicted of—

(a) a corrupt practice under article 13(5) or 30, or

(b) an illegal practice under article 31.

(4) For the purpose of paragraph (1), the relevant period is the period beginning with the date of conviction and ending—

(a) in the case of a person convicted of a corrupt practice, five years after that date,

(b) in the case of a person convicted of an illegal practice, three years after that date, or

(5) Where paragraph (2)(a) applies, P must vacate the seat or office in question—

(a) at the end of the prescribed period during which notice of appeal may be given, or an application for leave to appeal may be made, in respect of the conviction, or

(b) if that period is extended, the earlier of—

(i) the end of the extended period, or

(ii) the end of 3 months beginning with the date of the conviction.

(6) If, before the end of the period referred to in paragraph (5), notice of appeal is given or an application for leave to appeal is made, P must vacate the seat or office 3 months after the date of conviction unless—

(a) an appeal is dismissed or abandoned on any earlier date, in which case the person must vacate the seat or office on the date that the appeal is dismissed or abandoned, or

(b) during the 3-month period the court determines the conviction should not be upheld, then the seat or office will not be vacated by that person.

(7) Where P vacates a seat or office in accordance with paragraph (5) or (6), P cannot resume the seat or office if a subsequent determination of the court finds the conviction should not be upheld.

(8) The period for which P will be suspended, for the purpose of paragraph (2)(b), begins on the date of conviction and ends on—

(a) the date which the seat or office is vacated in accordance with paragraph (5) or (6), or

(b) where paragraph (6)(b) applies, the date on which the court determines the conviction should not be upheld.

(9) Any incapacity or other requirement applying to a person by virtue of paragraphs (1), (2) and (8) applies in addition to any sentence or penalty imposed under article 121 or 122, subject to article 125.

Mitigation and remission of incapacities

125

(1) The court may order an incapacity under article 124 to cease where—

(a) a person (“P”) is subject to the incapacity by virtue of a report of an election court, and

(b) P, or another person in respect of whose acts the incapacity was imposed, is subject to prosecution but is acquitted of any matters that led to the incapacity being imposed.

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